Skilled Divorce Lawyer & Family Law Attorney

At the Lane Law Firm, P.A., we possess the sound judgment and depth of experience required to protect our clients’ rights and the best interests of their children. Our law firm represents clients in complex financial matters and contentious child custody issues. All matters are handled in a thoughtful, analytical, strategic and cost-effective manner. Our firm is known for our in-depth knowledge, financial acumen and meticulous attention to detail. We deeply care about our clients and provide them with sound legal advice and exceptional client service.

We are fierce and compassionate advocates for the best interests of our clients’ children. Our law firm is keenly aware that every minute that parents spend with their children is precious. We use our knowledge, skill and decades of experience to preserve our clients’ relationship with their children. As a result of our caring and compassionate representation, we build personal relationships with our clients that endure long after our representation ends. Learn more about the law governing child custody and visitation in Florida

What are the Florida child custody laws?

In Florida, custody and visitation are legally referred to as “time-sharing”.  The best interest of the child is the primary consideration in awarding time-sharing and allocating parental decision-making authority.  In Florida, courts consider the following 20 factors in formulating a custody and visitation schedule:

i. Is the parent willing to encourage a close relationship between the child and the other parent?
ii. Do the parents adhere to the current time-sharing schedule, and are they flexible when changes to the time-sharing schedule are requested?
iii. Are parental responsibilities delegated to third parties?
iv. Do the parents have a history of putting the child’s needs before their own?
v. Has the child resided in a satisfactory, stable environment, and is it desirable to maintain continuity?
vi. Is the proposed parenting plan geographically viable?
vii. Do the parents have physical and mental health issues that affect the child?
viii. How is the moral fitness of the parents?
ix. How is the child’s school record?
x. What is the child’s preference (if the court finds that the child has sufficient intellect, understanding and experience to articulate a preference)?
xi. Are the parents knowledgeable about the circumstances surrounding the child’s lives, including the child’s healthcare providers, teachers, friends and daily activities?
xii. What is the extent of the parents’ involvement in their child’s life, including the child’s school and extracurricular activities?
xiii. Do the parents provide a consistent routine for their child?
xiv. Do the parents keep each other informed about issues that the child is facing and important events in the child’s life?
xv. Is there evidence of domestic violence?
xvi. Is there is evidence of substance abuse?
xvii. What parental responsibilities have each of the parents customarily performed?
xviii. Do the parents protect their child from the divorce proceedings by not discussing things that are happening in the divorce proceedings?
xix. Do the parents protect their child by not disparaging each other in front of the child?
xx. Are there any other factors that the court feels that it should consider in reaching a determination?

Are Florida Child Custody laws 50/50?

In Florida, there is a rebuttable presumption that equal custody and visitation (“time-sharing”) in the best interests of the child.  To rebut this presumption, a parent must prove that equal time-sharing is not in the child’s best interest.   Florida courts consider 20 statutory factors in formulating an appropriate custody and visitation (“time-sharing”) schedule.

What are the parental decision-making laws in Florida?

Parental decision making in Florida is called “parental responsibility”. Florida courts will order “shared parental responsibility” unless the court finds that it is detrimental to the best interests of the child. When “shared parental responsibility” is detrimental to the best interests of the child, Florida courts will order that one of the parents has “sole parental responsibility” for making decisions on behalf of the child. Florida courts may also award “ultimate parental responsibility” to one of the parents.  A parent who has “ultimate parental responsibility” will be permitted to make decisions over certain aspects of the child’s wellbeing.

To learn more about custody and visitation, call our office to schedule a consultation with a family law attorney.  We have offices in West Palm Beach, Palm Beach Gardens and Wellington, Florida.

Equitable distribution of assets in Florida includes the identification, classification, valuation and distribution of assets. We utilize our business background and our depth of experience to provide thoughtful, innovative solutions to complex financial matters. We provide the highest level of service to entrepreneurs, business owners, executives, doctors, dentists, lawyers, professional athletes, public figures and their spouses. Learn more about what is marital property and what is separate property in a divorce in Florida

Division of Property and Assets in Florida

Is there a cut-off-date to determine what is marital property and what is separate property in a Florida divorce?

In Florida, the cut-off date to determine whether an asset is considered to be marital property or nonmarital property is the earliest of the following: (i) the date on which a divorce is filed, (ii) the date on which the parties enter into a separation agreement, or (iii) a date that is agreed upon in a separation agreement.

How do you value assets in a divorce in Florida?

Florida courts use the fair market value standard to assess the value of assets in a Florida divorce.  The fair market value of an asset is the amount that a buyer is willing to pay and a seller is willing to accept if both parties have knowledge of the relevant facts and neither party is under compulsion to enter into the transaction.  Fair market value is not the replacement cost of an asset.  Additionally, it is not the price that a particular buyer would pay for the asset.

Reach out to us at (561) 363-3400 to discuss the division of assets in a divorce case in Florida.  Our offices are located in West Palm Beach, Wellington and Palm Beach Gardens, Florida.

Our law firm is well aware of the serious consequences that an award of spousal support has on our clients’ lives, and we work zealously to protect our client’s financial future. We utilize our in-depth knowledge of the law and our extensive experience to protect our clients and to advocate on their behalf. Learn more about the alimony law in Florida

Florida Alimony Law

Who gets alimony in Florida?

In deciding whether or not to award alimony, the first step that Florida trial courts are required to take is to determine if one party has an actual need for alimony and the other party has the ability to pay.  This determination is based on the parties’ net incomes after deducting reasonable expenses.

After this initial assessment is made, trial courts are required to consider the following eight (8) factors in determining the appropriate amount and type amount of alimony.

How long does alimony last in Florida, and how much alimony does someone receive in Florida?

Once a Florida court determines that a recipient has a need for alimony and that the payor has the ability to make alimony payments, the court is required to assess ten (10) additional statutory factors to determine how long alimony will last and how much alimony someone will receive.  They are:

i. What is the cost to maintain the standard of living (the lifestyle) that the parties established during the course of the marriage?
ii. How long have the parties been married?
iii. What are the ages and the physical and emotional condition of the parties?
iv. What income do each of the parties have from all sources?
v. What educational levels do each of the parties possess? What are their earning capacities? Is there a need for the recipient spouse to receive further education or training in order to obtain gainful employment?
vi. What contribution has each of the parties made to the marriage?
vii. What responsibility do each of the parties have for raising their minor children?
viii. Are there any other factors that the court feels that it should consider in reaching a fair and equitable alimony award?

Call us to schedule a consultation to discuss alimony with a divorce attorney.  We have offices in West Palm Beach, Palm Beach Gardens and Wellington, Florida.

At the Lane Law Firm, P.A., we provide skilled and experienced representation and unparalleled personal service to high asset/high net worth individuals and their spouses. We utilize our business acumen and decades of experience to craft thoughtful and creative solutions to difficult family law problems. We are tenacious litigators and skilled negotiators who employ alternative dispute resolution methods to resolve cases in an efficient and cost-effective manner. Learn more about property division in a Florida divorce.

High Asset / High Net Worth Divorce in Florida

How are assets divided in a Florida divorce?

There are 2 types of assets in Florida.  They are marital assets and nonmarital assets.  Marital assets are distributed between the parties.  Each party retains their own nonmarital assets.  There are 6 types of marital assets and liabilities in Florida.  They are:

i. assets that parties acquired and the liabilities that parties incurred during the course of the marriage;
ii. the enhancement in value of nonmarital assets as a result of marital labor or the contribution of marital funds during the course of the marriage;
iii. payment of the principal of the mortgage on nonmarital assets with marital funds and the passive appreciation on that property;
iv. gifts that parties gave to each other during the course of the marriage;
v. pensions, retirement payments, profit-sharing payments, deferred compensation, insurance, and annuities accumulated during the marriage;
vi. property held by the parties as “tenants by the entireties” is presumed to be a marital asset. This is a rebuttable presumption.

What is separate property in a Florida divorce?

There are 5 types of separate property in a divorce in Florida.  Separate property (nonmarital assets and liabilities) are the following:

i. all assets that the parties acquired and all liabilities that the parties incurred prior to the date of the marriage, and all liabilities that the parties incurred and assets that the parties acquired in exchange for those assets and liabilities;
ii. all gifts that are specifically given to a party from someone other than a spouse;
iii. income that was earned from nonmarital property during the marriage, unless it was utilized by the parties as a marital asset;
iv. assets and liabilities designated as nonmarital assets and liabilities in a prenuptial or postnuptial agreement, and any assets acquired and liabilities incurred in exchanged for those assets and liabilities;
v. any liabilities that were incurred by forgery or unauthorized signature of a spouse

Contact us to schedule a consultation with a high asset/high net-worth divorce attorney.  Our offices are located in West Palm Beach, Wellington and Palm Beach Gardens.

Having a prenuptial or postnuptial agreement can provide peace of mind for both spouses. We give legal advice on drafting, enforcing, and disputing these agreements. No matter if you need one before marriage or after, our team is here to guide you through the process.

In child relocation cases (“move away cases”), we tenaciously advocate on behalf of our clients’ rights and the best interests of their children. We provide skilled and thoughtful representation in these crucial matters that will have lasting impacts on our clients’ lives and their children’s wellbeing. Learn more about the child relocation laws in Florida.

Florida Child Relocation Laws

When can a parent move out-of-state with a child in Florida?

A parent is required to obtain court permission to move if the proposed relocation is 50 miles from: (i) the parent’s primary residence at the time of the issuance of the last time-sharing order, or (ii) after an action involving time-sharing has been filed.  In order for a move to constitute a relocation, it must last 60 consecutive days.  Time away from the home to obtain education or to obtain healthcare for a child does not constitute a relocation. Neither does time away from home to take a vacation.

How do you measure the 50-mile distance in a Florida child custody relocation case?

In a Florida child custody relocation case, the proper method to measure the distance between two points is a straight-line or “as the crow flies”.  It is not the distance to drive from point-to-point.

How do I get permission to move out-of-state with a child in Florida?

In deciding whether or not to grant a Petition to Relocate in Florida, courts are required to consider the following relocation factors:

i. What are the reasons for the proposed relocation?
ii. What are the reasons that the nonrelocating parent is objecting to the proposed relocation?
iii. Will the requested relocation improve the child’s quality of life?
iv. Will the requested relocation improve the petitioning parent’s quality of life?
v. What effect will the relocation have on the relocating parent’s financial condition?
vi. Will the relocation improve the child’s educational opportunities?
vii. Does the relocation have any emotional benefits for the child?
viii. Does the relocation have any emotional benefits for the relocating parent?
ix. What is the nature of the relationship between each of the parents and their child?
x. What is the nature of the relationship between the child and other significant people in the child’s life?
xi. How involved are each of the parents in the child’s life?
xii. How involved in the child’s life are the child’s close relatives?
xiii. In the event that the court grants the Petition to Relocate, how will the relationship between the child and the nonrelocating parent be maintained?
xiv. How old is the child?
xv. What will the emotional impact of the relocation be on the child?
xvi. Does the child have special needs? How will the relocation affect the child’s special needs?
xvii. If the requesting party is granted permission to relocate, how likely is it that the petitioning parent will comply with the court ordered time-sharing schedule?
xviii. Does the child have a preference concerning the proposed relocation?
xix. What are the parents’ current employment circumstances?
xx. Is the relocation necessary to improve the economic circumstances of the relocating parent?
xxi. Is a parent seeking the relocation in good faith?
xxii. Has the parent that is objecting to the relocation complied with his or her financial obligations to the child?
xxiii. Are there career opportunities for the objecting parent in the new location?
xxiv. Have either of the parents engaged in domestic violence?
xxv. Have either of the parents engaged in substance abuse?
xxvi. Do the twenty Florida statutory time-sharing factors militate in favor of or against the proposed relocation?

Contact us to arrange for a consultation to discuss child custody relocation with a family law attorney.  We have offices in Palm Beach Gardens, Wellington and West Palm Beach, Florida.

In Florida, courts will grant a custody modification where there has been a substantial, material and unanticipated change of circumstances, and the modification is in the best interests of the children. Our law firm is here to protect your relationship with your children and your children’s well-being.

Unmarried parents need legal help establishing their rights to custody, visitation, and decision-making for their children. We work with unmarried parents to ensure that both parents have a clear understanding of their legal rights and responsibilities.

At the Lane Law Firm, P.A. we represent the LGBTQ community in all aspects of matrimonial law, including the division of property and assets, alimony, parental time-sharing, modifications of alimony, and modifications of time-sharing.

We take the time to listen to our clients, and provide them with thorough, thoughtful representation and exceptional personal service. Divorce can be a very difficult time. Call us to schedule a consultation with a divorce lawyer who is here to help you.

Professional athletes face unique challenges in divorce, especially when it comes to protecting financial assets and relationships with children. Our attorneys work with athletes, agents, and financial experts to handle all aspects of divorce, from asset division to custody arrangements.