Marquez-Kelly Law

Before the United States legalized same sex marriage nationwide in a U.S. Supreme Court ruling in June 2015, Florida had already recognized it since January 6th of the same year. While Florida courts had seen same sex couples lining up to get wed that very same day, judges also had to prepare for cases of same sex divorce . In Florida, a six-month residency for either of the parties is required before filing a divorce case. The filing spouse, or the spouse requesting for the divorce, must file the case in the place either he/she or his/her partner resides . The same sex couple has to prove that the marriage is irretrievable or broken beyond repair , or that one spouse is mentally incapacitated . Dissolution of marriage may be granted if the parties have no children and the other party does not challenge the divorce. If there are kids involved and the petition is challenged by the other party, another course of action will be pursued by the presiding judge as indicated b

Paternity is defined as the establishment, through legal action, of the father of a child. Determining a child’s father is important as it would work for the child’s benefit, especially in matters such as illegitimacy and divorce. In order for a male person to be legally recognized as the child’s father, either the mother or the potential father could file a suit in court and legal proceedings would be undertaken to justify the claim, in accordance with the paternity law . A paternity acknowledgement could also be performed by both parents. Both actions provide solutions to paternity issues which could, when unresolved, lead to events which may cause significant effects to the child involved. Paternity issues are complex matters as a lot of factors regarding a child’s future are taken into consideration, since the child’s interests are always top priority. One main issue which often leads to paternity disputes is child support. Child support is necessary since financial stabili

Domicile refers to the residence that one either treats as a permanent home or acquires by birth origin. It is a place where you live in surrounded by a substantial connection. Usually, the child’s domicile is regarded as to where the parents reside. In the case of parents with different domicile due to divorce for example, a child’s domicile follows the parent who takes the child’s custody. Change of domicile happens when there’s a change of parent’s domicile. Family Law Attorneys aid in the child change of domicile relocation proceedings in the event that a petition of noncustodial parent is to be filed under the mandate of Florida law . Family Law Judges decide for a child to acquire independent domicile when a parent relinquishes all the duties and gives up all the rights over the child. Further, importance of relocation is vital in the following instances: ● Minor children of divorced parents ● Domicile of an illegitimate child ● One parent wants to take custody o

Responsible parenthood is a stronghold pillar of a family. While it is of primer importance for both parents to keep parental obligations intact to a child, some marital relationships fell abridged leading to seek child support legal counsel by getting a child support lawyer .  Children in most divorced families turn out to be recipients of support payments, hence, need a Family Law Attorney to settle dispute when the couple unfortunately decide to split off or deal with a separation agreement. Separation Agreement is a must to present clearly the inclusions and exclusions of child support and establish legal guidelines in accord to the rule of law that the child may benefit. Resolution to this devastating stressful event battled by every child under a divorce family is to be aided by child support which includes providing financial assistance for the food , education , shelter , clothes and daily allowance of the child or children who either live together with both pa

Adoption is every child’s plight to belong in prospect parents and in a certain family. Adoption in Florida involves a legal transfer of parental rights between birth and foster parents yet is also inclusive of complete core services such as psychotherapy, education, guidance and support along an adoption life-changing milieu. Successful ethical discourse on adoption requires primer adoption attorney who serves as an advocate and at the same time a legal counsel for adoption with excellent knowledge over Florida adoption laws. Reputable astute assistance of an experienced  Family Law Attorney , we, at Mellany Marquez-Kelly  will help you have the finest, individualized outcome and emotionally non-taxing adoption proceedings . As per Florida Adoption Laws , a birth mother may sign consent within 48 hours after birth, or after release from the hospital. And the birth father may sign any time after birth. This law also allows  single parent adoption , if requirements are f

Marriage is a legally recognizant union of two individuals as lifetime partners and a ritually bond right and committed obligations between spouses and their biological or adopted children and consanguinity. But a stormy marital status is likely to end with a divorce in Florida. Florida divorce laws remain unconditional. Such laws state equitable distribution of all assets in a marriage-- any particular and all property acquired during the timeline of marital vows is subject to fair share with deeming factors such as adultery, abandonment or cruelty as adjudged by the Court. While there are considerable exceptions to the tenet, the court is empowered to divide property and liabilities but not limited to real property, bank accounts or investments, transport vehicles, credit card debts and retirement benefits. Dissolution of a marriage  is an emotionally taxing life encounter and a hard decision to carry on.  So get an immediate guidance, support and legal assistance not only on e

The law in Florida doesn’t acknowledge the legality of marriage separation. If the couple insists to formalize the split-up of their marriage status legally, they need to seek other state court ruling to establish their lawful needs. The Florida court may succour in justifying the arrangement of child custody , support , alimony , allocation of assets and liabilities between the couples who are living separately. They will not be physically together, but still legally married. The federal law will decide who will have the child custody, the visitation rights of the non-custodial parent as well as the financial support system. Separation has a few similarities to divorce in terms of court orders setup. This will determine the child financial support and the division of assets and liabilities. Some couples choose separation instead of divorce to observe their religious belief and also to retain some benefits obtainable only to a married couple . Mediation in a marriage

A minor guardianship is essential if the parents are incapacitated, deceased or when the minor inherits a property or money amounting greater than $15,000. Also, in some instance when the parent is not capable to provide a safe home and basic needs because of bad habits and abuse of alcohol or drugs. Minor guardianship is needed in order to save the minor from this unfortunate situation and to protect the best interest of the minor . The court plays an important role in determining what is best for the child’s well-being. Guardianship is confusing and many aspects must be met to win the claim. Seeking legal advice from a lawyer is necessary to contemplate your intention to be the guardian. It will be costly and the petitioner must be wholeheartedly ready in terms of their financial and moral state for the upcoming duties and responsibilities as the legal guardian of a minor. Comfortable surroundings, healthy lifest