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FAMILY LAW

Taracks Gomez & Associates' skilled marital and family law lawyers and support staff provide exceptional service to their clients in a variety of family law related matters. Family law encompasses legal issues relating to divorce, paternity, child custody, domestic violence, support and maintenance, and other related areas. Our Family law attorneys practice exclusively in family law, allowing them to develop invaluable relationships with both the family law judiciaries and local adversaries. A significant portion of the marital and family law practice focuses on post divorce matters such as modifications of alimony, child support, custody, and visitation. Our attorneys are excellent in litigation settings as well as situations involving negotiations. Our goal is to resolve our client's legal issues with integrity, compassion, and efficiency. We work steadfastly on our client's behalf to deliver practical and efficient solutions to their legal concerns

Family Law Practice Areas

1. Divorce
2. Custody and Visitation of Children
3. Child Support
4. Relocation
5. Alimony
6. Paternity
7. Separation Agreements
8. Pre-nuptial and post-nuptial Agreements
9. Post Judgment Actions
10. Mediation Services
11. Modification and Supplemental Petitions
12. Enforcement and Contempt Proceedings
13. Domestic Violence Injunctions

Frequently Asked Questions

How much does this cost?

Sorry, there is no easy answer to that. An initial consultation fee with one of our family law attorney's is $200.00, which is deducted from your fee agreement upon retention. At the initial consultation, our attorneys will review your case and explain the various legal options that are available to you. If you decide that retaining Taracks Gomez & Associates is right for you, an initial retainer fee to be determined at the time of the initial consultation will secure your legal representation and initiate the proceeding.

How can I afford an attorney if I am a stay at home mom or dad?

If you are unable to afford the cost of legal representation because your spouse was the marital partner providing the income options are available, such as constructing the marital settlement agreement to direct one spouse to pay the other spouse's attorney's fees. Please speak to the Firm about the possibility of a temporary relief hearing or what the rules are regarding attorney’s fees in the State of Florida.

Do you have to have a reason to get a divorce?

Florida is a no-fault state, which means that either member of the couple may obtain a divorce, even if the other party does not consent to the divorce.

How long do I need to live in Florida before I can file for divorce?

A person must reside in Florida for six months before they are able to file for a divorce.

What can I do if my former spouse isn't paying alimony?

Failure to make alimony payments required by a court order or judgment is a civil contempt of court which can be penalized by fines and imprisonment. There are several different ways for a former spouse to enforce an alimony award. The court can order payment through central government depositories, issuing income deduction orders, or through attachment and garnishment. They may also issue other orders to secure payments such as enjoining a payor spouse from disposing of or encumbering his or her property, placing a lien on the payor's property, or requiring the payor to transfer stock, money, or property to the payee-spouse to secure the payee's alimony award. Please contact Taracks Gomez & Associates to discuss filing a Motion for Contempt or Motion for Enforcement.

Can I modify my alimony payments?

Court ordered periodic alimony is modifiable on a showing that the circumstances of either party have substantially changed and the change was unanticipated and permanent. However, in their settlement, parties may waive their right to bring an action seeking modification. Therefore, the marital settlement agreement should expressly indicate whether the parties intend that the alimony provisions may be modified.

What happens to my health insurance during the divorce?

During the divorce a judge can and usually does order one spouse to maintain health insurance for the family. Once the divorce is granted you are no longer covered as a spouse for health insurance. However, a former spouse may be eligible for coverage for a limited period of time under the former spouse policy referred to as COBRA. The coverage for minor child can continue until they reach the age of majority (18) and the court can order this coverage.

How will my home equity and property be divided?

Our attorneys have extensive experience with high asset property issues. The methods for the fair division of property between divorcing spouses are complex and still evolving. If the husband and wife can agree than their terms may be incorporated into the divorce agreement upon approval of the court. If no agreement can be reached between the marital husband and wife, the court has broad discretion to fashion an equitable dissolution of a marital partner's financial resources based on the need and ability of the partners and the role played by each during the marriage. There are various ways that marital assets can be divided and each divorce's division will depend on the individual assets of two divorcing spouses. For example, a spouse does not need to have their name on a record title in order to have an interest in the property in instances where the spouse made financial contributions or contributions of personal service related to the property that are beyond those required by the spouse's regular marital duties in order to be awarded a vested property interest.

Taracks Gomez & Associates can prepare an equitable distribution chart during your high asset case for you to review the assets and liabilities in your marital estate. This is an easier way for you to review the assets and liabilities which are to be allocated in your divorce proceeding. Most of our clients find it easier for them to review the charts to determine what distribution they wish to proceed with at mediation and later at trial.

What if my former spouse wants to relocate?

An out of state move by one former spouse usually becomes a concern if there is joint custody of children between former spouses. There is no presumption in favor of or against a request to relocate when the primary residential parent seeks to move the child from Florida and the move will materially effect the current schedule of contact and access with the secondary residential parent. In making a determination as to whether the primary residential parent may relocate a child, the court should consider whether the move would be likely to improve the quality of life for both the residential parent and the child, the extent to which visitation rights have been allowed and exercised, whether the primary residential parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements, whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent, whether the cost of transportation is financially affordable by one or both parties, and whether the move is in the best interest of the child. Please contact one of the attorneys at Taracks Gomez & Associates to further discuss this issue.

What rights do my children's grandparents have?

Currently, the Florida Supreme Court has held that grandparents do not have visitation rights based solely on the best interest of the child, because it violates parent's fundamental right to privacy in rearing their children. Grandparent visitation may not be constitutionally ordered regardless of whether parents are married or unmarried.

How long does a divorce take?

The are a number of factors that dictate how long a divorce matter will take. The parties for instance are a major factor, that is, if the parties agree on a number of issues it will take much less time rather than if the case is contested on all issues. The Court’s calendar and availability are another issue for when the Court can hear your case. Depending on the complexity of each individual's case this time frame may vary, but our attorneys work to ensure that our client's divorces are completed with efficiency.

I live out of state, can you still help me?

Absolutely! The Firm can help you with Florida cases, as the Firm only practices in Florida. Therefore if you have a Florida case then the Firm has the ability to assist you even though you may be out of state. The Attorneys use telephonic contact, email, the internet, fax communication and at times, if the Court approves, telephonic appearances in Court, for clients out-of-state.

 

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