testimonials

What our clients are saying

Experienced and Aggressive

Superior Legal Representation for Family Law

Whenever you are faced with a legal matter, it may feel as though the legal system is working against you. The experienced and aggressive attorneys at The Joseph Firm are here to discuss the details of your case and strategize all of your legal options.

We understand the stress that this time may have on you and your family, which is why we stand by our commitment to serve you in any way that we can.

ALWAYS DEDICATED AND DEVOTED

Areas of Practice

Divorce

To obtain a divorce in the state of Florida, at least one spouse must have been a Florida resident for at least six months prior to the case being filed. To ease the stresses that often strain a family during divorce, Florida is one of many states that no longer use “fault” as one of the grounds for divorce. The state grants divorces if the parties meet one of the two following conditions:

The marriage is “irretrievably broken,”
One of the parties is mentally incapacitated

Alimony

In many cases, divorcees will find themselves in uneven financial situations following a divorce.  Family courts attempt to balance these circumstances through alimony, a payment that the court may order one person to make to the other when a couple separates or divorces.

Bridge-the-gap alimony
Rehabilitative alimony:Interior Maintenance
Durational alimony
Permanent alimony

Child Support

In the state of Florida, both parents are legally required to provide support for their minor child or children.  In most cases, one parent (obligor) pays child support to the other (obligee), but in some cases, both parents pay child support to a third party that has custody of the children or shares parental responsibilities. The amount of child support that the obligor pays the obligee is determined by a formula established in the Florida Child Support Guidelines which includes:

The net income of both parents
Specified expenses including health insurance premiums and daycare costs
The number of nights the child or children spend with each parent
Exact number of time sharing hours

Paternity Actions

Parents often find it necessary to establish paternity through the courts for several reasons:

Mothers often file paternity actions to receive child support
Fathers typically file them to establish custody or visitation rights and have a say in major decisions in the child’s life
Fathers also file paternity actions to prove they are not the father of the child in question.
The Joseph Firm provides them with support through this process, as well as related child support and time sharing proceedings.

Domestic Violence

A Petition for an Injunction against Domestic Violence may be filed against a person who either now or in the past has lived with the victim as a family. In the state of Florida, family is considered to be:

People related by blood or marriage
Spouses, ex-spouses, parents, grandparents, aunts, uncles
Parties intimately involved and living together but never married
Adopted children, Step parents and step children, & a person who is the parent of the victim’s child(ren), regardless of whether or not they have ever been married or lived together

Child Custody

In the state of Florida, it is public policy that each child has frequent and continuing contact with both parents after the parents separate or divorce.  The court will order that the parental responsibility be shared by both parents unless it is found that shared responsibility would be detrimental to the child:

A parent is deemed detrimental to the child if he or she has been convicted of a misdemeanor of the first degree or higher involving domestic violence.
Once the court advises a convicted parent that he or she has been deemed detrimental to the child and the parent does not refute that claim, shared parental responsibility, including time sharing with the child, and decisions made regarding the child, may not be granted to that parent. However, the parent is still required to pay child support.
Whether or not there is a conviction of any offense of domestic violence or child abuse, the court considers evidence of domestic violence or child abuse as evidence of detriment to the child.
This happens whether or not there is a restraining order for protection against domestic violence involved

ART Surrogacy

Family Law Appeals

An appeal is when you ask a higher court to review or look at, an order, or decision, made by the court you went to first. You ask for a review if you think the first court made a mistake. Mistakes can be made about:

How facts were used in a case. For example, the court did not understand the facts or considered some facts to be really important when they were not.
The law. For example, the court did not understand the law or used the law in the wrong way.
The person who asks for the appeal is called the appellant.
The person who is on the other side of the appeal is called the respondent.
In a Family Court case, a petitioner or a respondent can file (ask for) an appeal

High Net Worth Divorce

Every divorce is different; no two cases are ever the same even though divorcing couples may face similar issues. The similar issues involve children; child support and custody; property division; and spousal support. But, high assets divorce cases necessitate even more careful review and representation for both parties. Such as:

Pre-nup & child support/custody
Property division
Business evaluations
Alimony & spousal support
Property & investment

LGBTQ Law

Despite the significant progress our community has made, there is still no statewide law that prohibits discrimination against LGBTQ people in Florida. The Jospeh Firm will assist with the following issues:

LGBTQ adoption
Maternity
Same Sex Paternity
Same Sex Divorce
Marriage

Equitable Distribution

Before dividing property, a couple must determine whether either spouse owns any of the property separately. Separate, or “non-marital,” property is not considered for division in divorce proceedings and remains with the spouse who is determined to own the property. Property is separate if one spouse owned it before marriage or acquired it during marriage as a gift (not including gifts from the other spouse) or by inheritance. Separate property also includes:

Assets and debts a couple defines as separate property in a valid written agreement such as a premarital agreement
Income from separate property, unless the spouses have treated the income as marital property by mixing it with marital property, or “commingling” it
Items exchanged for or purchased with separate property

Mediation

Mediation is a way for people who are having a dispute to talk about their issues and concerns and to make decisions about the dispute with the help of another person (called a mediator). A mediator is not allowed to decide who is right or wrong or to tell you how to resolve your dispute.  In mediation, you can try to find solutions that make sense to you and the other person in the dispute to resolve some or all of your concerns. What are the advantages?

Provides an opportunity to talk with someone who is impartial to the issue
What you say will be confidential
Can help you overcome obstacles
Mediation agreements are enforceable
Mediation can save you time & money

Military Divorce

State law and local procedures govern divorce, but there are certain federal statutes and military regulations that may apply to your divorce, depending on where you file. Your installation legal assistance office can provide some of the following free services:

Legal assistance attorneys
Advice on legal issues such as divorce and child custody, income taxes, the Servicemembers Civil Relief Act and more.
Access to legal advice at no cost through the installation legal assistance offices
Although legal assistance attorneys do not represent clients in court
Depending on service branch, the other married individual can see either another attorney in the same or different location

Pro Athlete/Celebrity Family Law

Many family law issues faced by divorcing or separating couples are nearly universal. The emotional upheaval that such a major life change can bring will affect all people no matter how large their bank account or how staggering their social status.  However, there are certain issues that, under the circumstances of family separation, are unique to celebrities or professional athletes and their families. Usually, complex problems and implications arise which are also very specific. What a Professional Athlete and Celebrity Family Lawyer can do to help:

A professional athlete/celebrity lawyer will act as your representative in Family Court
They will guide you through the legal processes of getting fair custody of your child or children
Will also ensure the well-being of your child through child support
Advocate to maintain the right of seeing your child
Along with custody agreements &child support arrangements

Business Valuation

Business valuation is the process of putting a price on a piece of property. This is commonly done after during a divorce proceeding. The following are areas that fall under such a case:

Value of businesses
Personal property
Intellectual property (such as patents, trademarks, and copyrights)
Real estate are all commonly determined through this practice
Businesses are valued for many tax, legal, and business reasons but selling the business is the usual motive.

Retirement Pensions

401(k) plans and traditional pension plans are two parts of the traditional three-legged stool of retirement:

Employer-provided pension
Social Security
Personal retirement savings
Pensions guarantee a given amount of monthly income in retirement
Along with placing the investment and longevity risk on the plan provider
Florida Supreme Court Approved Documents

Free Self Help Services To Manage Your Divorce

This form should be used when a husband and wife are filing for a simplified dissolution of marriage. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida.


Aprende Más
Superior Legal Representation For Family Law

A Customized Approach
From a Source You Can Trust

I get to work on customizing the best approach for your case as soon as it is accepted. Keeping in close contact with you throughout the entire legal process, you can rest assured that your case is being handled with the utmost care and attention to detail.

Each case is different, which is why the attorneys at the Joseph Firm are committed to creating a unique method of representation for every case that is accepted. We have the skill needed to handle even the most aggressive of opposition, including former spouses and other relatives and all other liable parties.

Marck K. Joseph, Esq

Founder of The Joseph Firm