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Divorce, Marital & Family

The attorneys in Henderson Franklin's Divorce, Marital & Family Law practice area provide effective, professional and supportive representation to each of our clients. We understand the extreme emotional and financial stress a divorce can have on spouses and children and assist with:

  • Divorce
  • Child support, alimony and child custody matters
  • Cooperative problem solving and collaborative divorce
  • Negotiations and settlement
  • Trial disputes
  • Modification and enforcement actions of support and parenting
  • Paternity cases
  • Prenuptial and postnuptial agreements
  • Domestic and repeat violence injunction actions
  • Adoption

While zealously representing our clients' rights, our first goal is to secure the most appropriate settlement through negotiations and mediation whenever possible to avoid the expense and stress of a trial. In the event that these settlement attempts fail to achieve the desired outcomes, our clients can be assured that their representation in the courtroom will be by experienced trial attorneys.

Family law matters are sensitive issues that touch many areas of peoples' lives. Our clients often benefit from advice and counseling beyond the legal perspective. As leaders of the Association of Divorce, Marital & Family Law Professionals, our attorneys are part of an organization comprised of family law attorneys and judges, certified public accountants, mental health specialists and certified mediators who are committed to working together to resolve problems resulting from the breakup of family relationships. Clients also benefit from the knowledge and experience of attorneys in the other practice areas of our firm, including tax and business planning, estate planning, real estate, pension and retirement benefits, and bankruptcy.

Confidential Consultations

Our Divorce, Marital & Family Law attorneys are available to assist people in understanding and dealing with problematic family situations. Our attorneys analyze clients' cases under Florida law and assist clients in determining the options available to them. Clients benefit from the availability of confidential consultations to assist them in determining their rights and responsibilities, and their best courses to proceed.

Divorce

Divorce cases frequently address parenting responsibility, child custody, child support, visitation, relocation, alimony, equitable distribution of property and attorneys fees and costs. Our Divorce, Marital & Family Law attorneys are prepared to analyze each case and work toward negotiated solutions to the unique issues facing a family in divorce. We are able to work with parties in a cooperative problem-solving approach to resolve parenting and financial issues. In the event that the parties are unable to reach an amicable resolution, our family law attorneys are prepared to represent our clients in court. We are also trained to handle collaborative divorce cases in which all parties and attorneys execute contracts stating that they are committed to reaching a settlement without proceeding to court.

Modification and Enforcement Actions of Support and Parenting

Our attorneys are available to discuss with clients potential changes to their divorce settlements due to a substantial change of circumstances. We frequently handle the filing of modification actions and represent our clients in dealing with post-divorce issues of support, visitation and relocation. Our attorneys are also available to file actions to enforce previous agreements and orders of the court.

Paternity Cases

Our attorneys are prepared to initiate paternity cases on behalf of biological mothers and fathers in order to determine the parent. We help sort through the issues of parental responsibility, child custody, visitation and child support between unmarried parents.

Prenuptial and Postnuptial Agreements

Henderson Franklin's Divorce, Marital & Family Law attorneys have developed an innovative approach to the negotiation of prenuptial and postnuptial agreements. This approach maximizes the enforceability of these often-attacked agreements. Prenuptial agreements involve people who are not married and wish to resolve all financial issues that may arise in the event of death or divorce. Postnuptial agreements are contracts drawn up after marriage so both parties can decide their financial arrangements in the event of death or divorce. We are experienced in working with parties in the negotiation and disclosure process necessary to create a legally enforceable prenuptial or postnuptial agreement.

Domestic and Repeat Violence Injunction Actions

We are prepared to assist parties in obtaining injunctions prohibiting acts of domestic violence and harassment to protect victims of domestic violence. Our attorneys are also experienced in defending those persons who have had an injunction filed against them.

Adoption

Our Divorce, Marital & Family Law attorneys are available to assist with the termination of parental rights and adoption of minor children. We will explain the rights and responsibilities of adoption under Florida law to make this emotional process fully understandable.

Articles

For further assistance in this practice area, contact Beth Vogelsang,  Department Chair, by phone at 239.344.1302 or by email, beth.vogelsang@henlaw.com.