Divorce/
Dissolution of Marriage
The team at Emrick Family Law Firm focuses on family law matters including
dissolution of marriage or divorce cases. The team is experienced in highly
contested cases, high net worth divorces, complex divorces, matters involving
child custody, timesharing, abuse, parental alienation, relocation, domestic
violence, and everything in between. The Emrick Family Law firm has worked
with business owners, doctors, lawyers, professionals, as well as stay at home
parents, homemakers, and people of all ages and walks of life. The team works,
with the client acting as a part of the team, to provide the best possible result for
client’s whether it be relating to your parenting plan, alimony, equitable
distribution, securing a certain asset, child support at a price that keeps the
result in mind.
Child Custody/
Timesharing
Attorney Emrick and the family at Emrick Family Law Firm have worked with
matters of child custody and/or timesharing in all manners of situations, from
the very worst with allegations of child abuse and/or sexual abuse to the very
best, where the parties are able to immediately come to an agreement. Emrick
Family Law Firm has worked with grandparents, same sex couples, biological
fathers, legal fathers, and Mothers in all manner of cases relating to time with
children, rights to children, parenting rights, and custody. Emrick Family Law
Firm works with you to anticipate any and all issues that may arise in your life or
that of your child to develop a tailored parenting plan or custody arrangement
whether that be through litigation or by agreement.
Pre-Divorce Planning
Prior to your dissolution of marriage, even months or years before things
actually breakdown or you are sure that your marriage is going to end, it can be
beneficial to meet with counsel to discuss what your rights are in the event of
divorce, how to prepare for the divorce, and, even, how to get a better outcome
than you otherwise would. The termination of a marriage can be a scary,
emotional, and financially draining experience. It is best to be prepared, to know
where you are going to go (if anywhere) that you are financially secure, have the
best ability at creating an amicable result and are also ready for the possibility of
a long and frustrating process that may take years. Meeting with a skilled,
experienced, and knowledgeable legal team can bring some calm during the
storm and make sure you are prepared to weather it.
Postnuptial Agreements
A postnuptial agreement can be used for the same purposes as a
prenuptial agreement and may, in fact, be a more enforceable instrument. At
Emrick Family Law Firm, the team has experience with postnuptial agreements
that have arisen as a result of inheritances, wild financial successes, and also,
substance abuse problems and infidelity. Postnuptial agreements can be entered
into at any time during the parties marriage, prior to a divorce taking place.
Postnuptial agreements may also be a good way to resolve issues during your
divorce in incredibly complex cases where there could be a great deal of
ramifications financially or with your children if a divorce is to take place at the
time of the agreement.
Relocation
Section 61.13001, Florida Statutes is the Relocation statute. Basically, in any case
where there are children and someone has filed a case for paternity or
dissolution of marriage, or really any other family law case, or at any time after a
final judgment in a family law case, a person has to comply with section
61.13001, Florida Statutes prior to being able to move more than fifty (50) miles
from their residence at the time of filing that action or at the time of their Final
Judgment. Often times, these moves are incredibly important to the person
moving and, of course, can create significant changes to the parenting plan as
the parties are very unlikely to be able to exercise the same timesharing
schedule they would when living within an hour of one another. Relocation cases
are often litigated as the stakes can be so high and you need an experienced trial
attorney to present your case to the court. You will find such representation at
Emrick Family Law Firm.
Paternity
At Emrick Family Law the team is experienced in handling matters of paternity,
and parentage, child custody, parental responsibility, timesharing, and working
with you to create a detailed and tailored parenting plan to do what’s best for
you and your child(ren). This might include obtaining a DNA test, working with
child related experts, working through matters with children born of a parent
who is married to someone else, scenarios where a parent is withholding
timesharing, or where a parent has substance abuse or mental health issues.
Matters of paternity can be quite complex and, as all of the matters in family
law, require and experienced, aggressive and creative team like the one at
Emrick Family Law Firm.
Contempt/
Enforcement of
Final Judgment
Sometimes obtaining an outcome at trial or by agreement does not ensure the
end of your case. Unfortunately, people do not always follow the terms of the
contracts the enter into, whether they be marital settlement agreements or
parenting plans, or follow court orders. When the other party in your divorce or
paternity action violates your agreement or Final Judgment, you may need help
collecting payment, getting property transferred to you, recovering past due
payments, or simply obtaining compliance with a parenting plan. Alternatively,
you may need protection against wrongful enforcement of contracts or someone
seeking support that you simply cannot pay. Emrick Family Law Firm has represented individuals in the simplest and the most complex situations relating
to contempt and enforcement, including incarceration, obtaining judgments,
recovering property, child support, and make-up timesharing.
Prenuptial Agreements
A prenuptial agreement can be used for a number of reasons, but the main
purpose is to resolve a dissolution of marriage without the necessity of what can
be an incredibly ugly, expensive and time-consuming process. The State of
Florida is a favorable state in which to have a premarital agreement and allows a
wide amount of flexibility in contracting. An individual can use the prenuptial
agreement to ensure that family assets, inheritances, collections, businesses,
their current and future income are protected from being divided or in any way
diminished. However, it’s a common misconception that a premarital agreement
means that one party keeps everything and the other gets nothing. The parties
to the marriage can also, simply, ensure that neither of them suffer the
misfortune of spending a great deal of their time, money, and emotional capital
on a divorce.
Modifications
After your divorce, in many, and possibly most cases, things will change. In
Florida, if you can prove that there has been a substantial change in
circumstances since your divorce you may be able to modify your Final Judgment
as it pertains to alimony, child support, and even your parenting plan. Things
change all of the time in our lives, people lose jobs, lose homes, have mental,
emotional issues that arise, substance abuse problems develop, they get sick,
and, quite the opposite, they progress and/or improve their circumstances.
When things in your life change, Emrick Family Law Firm may be able to help you
change the outcome of your family law matter through a Supplemental Petition
for Modification.
Injunctions
Domestic Violence and Stalking Injunctions, commonly known as restraining
orders, can be used in the most serious of circumstances to obtain immediate
relief from a dangerous, abusive, and/or emotionally distressing circumstance. A
domestic violence injunction can force someone out of their home, can have a
significant impact on time with children, and, at times, even come with financial
relief for married couples. Generally, these injunctions require a familial
relationship (domestic) between the parties in question, however, a stalking or
cyberstalking injunction, where there are multiple instances of harassing
behavior, causing emotional distress, with no legitimate purpose, can be used in
a multitude of circumstances. Injunctions, particularly as a result of their speed
and substantial consequences, are often misused, which can be a problem for
people both bringing injunction cases legitimately or defending against
injunctions that were improperly presented to the Court. Emrick Family Law Firm
can help you navigate either side of these situations.
Divorce/
Dissolution of Marriage
The team at Emrick Family Law Firm focuses on family law matters including
dissolution of marriage or divorce cases. The team is experienced in highly
contested cases, high net worth divorces, complex divorces, matters involving
child custody, timesharing, abuse, parental alienation, relocation, domestic
violence, and everything in between. The Emrick Family Law firm has worked
with business owners, doctors, lawyers, professionals, as well as stay at home
parents, homemakers, and people of all ages and walks of life. The team works,
with the client acting as a part of the team, to provide the best possible result for
client’s whether it be relating to your parenting plan, alimony, equitable
distribution, securing a certain asset, child support at a price that keeps the
result in mind.
Contempt/
Enforcement of
Final Judgment
Sometimes obtaining an outcome at trial or by agreement does not ensure the
end of your case. Unfortunately, people do not always follow the terms of the
contracts the enter into, whether they be marital settlement agreements or
parenting plans, or follow court orders. When the other party in your divorce or
paternity action violates your agreement or Final Judgment, you may need help
collecting payment, getting property transferred to you, recovering past due
payments, or simply obtaining compliance with a parenting plan. Alternatively,
you may need protection against wrongful enforcement of contracts or someone
seeking support that you simply cannot pay. Emrick Family Law Firm has represented individuals in the simplest and the most complex situations relating
to contempt and enforcement, including incarceration, obtaining judgments,
recovering property, child support, and make-up timesharing.
Postnuptial Agreements
A postnuptial agreement can be used for the same purposes as a
prenuptial agreement and may, in fact, be a more enforceable instrument. At
Emrick Family Law Firm, the team has experience with postnuptial agreements
that have arisen as a result of inheritances, wild financial successes, and also,
substance abuse problems and infidelity. Postnuptial agreements can be entered
into at any time during the parties marriage, prior to a divorce taking place.
Postnuptial agreements may also be a good way to resolve issues during your
divorce in incredibly complex cases where there could be a great deal of
ramifications financially or with your children if a divorce is to take place at the
time of the agreement.
Paternity
At Emrick Family Law the team is experienced in handling matters of paternity,
and parentage, child custody, parental responsibility, timesharing, and working
with you to create a detailed and tailored parenting plan to do what’s best for
you and your child(ren). This might include obtaining a DNA test, working with
child related experts, working through matters with children born of a parent
who is married to someone else, scenarios where a parent is withholding
timesharing, or where a parent has substance abuse or mental health issues.
Matters of paternity can be quite complex and, as all of the matters in family
law, require and experienced, aggressive and creative team like the one at
Emrick Family Law Firm.
Pre-Divorce Planning
Prior to your dissolution of marriage, even months or years before things
actually breakdown or you are sure that your marriage is going to end, it can be
beneficial to meet with counsel to discuss what your rights are in the event of
divorce, how to prepare for the divorce, and, even, how to get a better outcome
than you otherwise would. The termination of a marriage can be a scary,
emotional, and financially draining experience. It is best to be prepared, to know
where you are going to go (if anywhere) that you are financially secure, have the
best ability at creating an amicable result and are also ready for the possibility of
a long and frustrating process that may take years. Meeting with a skilled,
experienced, and knowledgeable legal team can bring some calm during the
storm and make sure you are prepared to weather it.
Modifications
After your divorce, in many, and possibly most cases, things will change. In
Florida, if you can prove that there has been a substantial change in
circumstances since your divorce you may be able to modify your Final Judgment
as it pertains to alimony, child support, and even your parenting plan. Things
change all of the time in our lives, people lose jobs, lose homes, have mental,
emotional issues that arise, substance abuse problems develop, they get sick,
and, quite the opposite, they progress and/or improve their circumstances.
When things in your life change, Emrick Family Law Firm may be able to help you
change the outcome of your family law matter through a Supplemental Petition
for Modification.
Injunctions
Domestic Violence and Stalking Injunctions, commonly known as restraining
orders, can be used in the most serious of circumstances to obtain immediate
relief from a dangerous, abusive, and/or emotionally distressing circumstance. A
domestic violence injunction can force someone out of their home, can have a
significant impact on time with children, and, at times, even come with financial
relief for married couples. Generally, these injunctions require a familial
relationship (domestic) between the parties in question, however, a stalking or
cyberstalking injunction, where there are multiple instances of harassing
behavior, causing emotional distress, with no legitimate purpose, can be used in
a multitude of circumstances. Injunctions, particularly as a result of their speed
and substantial consequences, are often misused, which can be a problem for
people both bringing injunction cases legitimately or defending against
injunctions that were improperly presented to the Court. Emrick Family Law Firm
can help you navigate either side of these situations.
Child Custody/
Timesharing
Attorney Emrick and the family at Emrick Family Law Firm have worked with
matters of child custody and/or timesharing in all manners of situations, from
the very worst with allegations of child abuse and/or sexual abuse to the very
best, where the parties are able to immediately come to an agreement. Emrick
Family Law Firm has worked with grandparents, same sex couples, biological
fathers, legal fathers, and Mothers in all manner of cases relating to time with
children, rights to children, parenting rights, and custody. Emrick Family Law
Firm works with you to anticipate any and all issues that may arise in your life or
that of your child to develop a tailored parenting plan or custody arrangement
whether that be through litigation or by agreement.
Prenuptial Agreements
A prenuptial agreement can be used for a number of reasons, but the main
purpose is to resolve a dissolution of marriage without the necessity of what can
be an incredibly ugly, expensive and time-consuming process. The State of
Florida is a favorable state in which to have a premarital agreement and allows a
wide amount of flexibility in contracting. An individual can use the prenuptial
agreement to ensure that family assets, inheritances, collections, businesses,
their current and future income are protected from being divided or in any way
diminished. However, it’s a common misconception that a premarital agreement
means that one party keeps everything and the other gets nothing. The parties
to the marriage can also, simply, ensure that neither of them suffer the
misfortune of spending a great deal of their time, money, and emotional capital
on a divorce.
Relocation
Section 61.13001, Florida Statutes is the Relocation statute. Basically, in any case
where there are children and someone has filed a case for paternity or
dissolution of marriage, or really any other family law case, or at any time after a
final judgment in a family law case, a person has to comply with section
61.13001, Florida Statutes prior to being able to move more than fifty (50) miles
from their residence at the time of filing that action or at the time of their Final
Judgment. Often times, these moves are incredibly important to the person
moving and, of course, can create significant changes to the parenting plan as
the parties are very unlikely to be able to exercise the same timesharing
schedule they would when living within an hour of one another. Relocation cases
are often litigated as the stakes can be so high and you need an experienced trial
attorney to present your case to the court. You will find such representation at
Emrick Family Law Firm.