Dissolution of Marriage/Divorce

Florida Divorce Attorneys

Protecting Your Interests with Experience, Compassion, and Discretion

Regardless of how you came to this point, many issues must be resolved in a divorce. The attorneys at Orshan & Fajardo protect your best interests while guiding you through the wrenching process. For every decision, we extend advice and support. For every dispute, we're behind you as strong legal advocates.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

We represent men and women throughout the southern Florida area. Arrange an appointment today to sit down with an experienced divorce attorney to discuss your goals and concerns.

Exploring Your Options Under Florida Divorce Law

We take the time to get to know our clients. Once we understand what is most important to you, we can devise strategies and pursue a course of action to achieve your goals and protect your interests. Perhaps decisions about custody and visitation or child support are your chief concern. If your children are adults or you did not have any children together, the focus of your divorce may be on division of assets or spousal support and alimony.

The State of Florida is a no-fault divorce state meaning that there does not have to be any particular reason that exists to enable you to obtain a divorce from your spouse.  Either party can legally file to end the marriage and the only ground required is that the marriage is "irretrievably broken." It is not required that your spouse agree to a divorce.  If one spouse wants a divorce, the court will dissolve the marriage.

Before a dissolution of marriage (divorce) is granted by the court, all issues of property division, child custody and timesharing, financial support and related matters must be resolved.  Every case and family situation is different and requires separate analysis and attention to the particular circumstances of the parties and their children. A resolution either occurs through a settlement or through a determination by the court after a trial.  Our divorce attorneys can help you work out an agreement through mediation and negotiation, or vigorously present your case in divorce court litigation.  

Divorce is nothing if not difficult. The legal complexities involved are more than enough for anyone, but even these are often overshadowed by the personal emotional impact of ending a marriage. The outcome of a divorce has a far-reaching impact on the lives of everyone involved: husband, wife, children, relatives, and even family friends. Divorce attorneys cannot make divorce easy, but good lawyers will help conclude a divorce as painlessly as possible. Metro Miami & all Southern Florida residents can rely on Orshan & Fajardo to provide the legal expertise necessary through all phases of the divorce process.

Taking the First Steps

In many ways, initiating a divorce is the most difficult part of the process. When filing for divorce, many people feel vulnerable, depressed, and overwhelmed. The prospect of a legal dispute with one's own spouse can be difficult to face. The goal of the divorce attorneys at the Orshan & Fajardo Law Firm is to help make every stage of the legal process as comprehensible and approachable as possible. In the early stages of a divorce, the lawyers will require copies of financial paperwork detailing the household's shared assets and debts, as well as its members tax histories, investments, and retirement plans. It may also helpful for the divorce lawyers to have copies of receipts detailing each spouse's individual expenditures that may have impacted the family's financial status. The more information that is available to your divorce lawyers, the better the outcome of the divorce is likely to be.

Staying on Course

One of the most important things to remember is that divorce is commonly a lengthy process. Allthough a divorce can be finalized shortly after a settlement is reached, it generally takes a number of months for the parties to reach a resolution. Attorneys must negotiate, and, before they can negotiate, all relevant financial and other information must be compiled and catalogued. If a settlement cannot be achieved, the court must determine the issues at trial.   If the case goes to court, it will likely take longer still. It is also during this process that child support and custody issues will be settled. During this phase, each party's behavior, assets, and personal history will be closely examined. Because the law allows room for interpretation, custody, asset distribution and financial support issues are often subjective judgments. It is in this phase that the advice of divorce attorneys proves most valuable. Throughout the discovery process and negotiations, the guidance of the experienced divorce attorneys at The Carroll Law Firm in the Dallas / Fort Worth area will be an important part of protecting individual interests and ensuring an equitable settlement.

Making the Transition

Once the divorce is finalized by entering into a settlement agreement or by a determination by the court, we will present you with a certified Final Judgment of Dissolution of Marriage which is the legal document establishing your divorce. At this point, the divorce will be legally recognized, and all terms of the agreement or court order will take effect. Finalizing the divorce means that assets will be distributed as outlined in either a judge's ruling or in the agreement reached out of court between the divorce lawyers and their clients. If the settlement or judgment requires it, houses, properties, and other assets may be sold to make distribution possible. In addition, custody and child support guidelines will become active.

Compassionate and Discreet

We understand that you may not want your spouse or family members to know you have consulted an attorney. Your discussion is kept in strictest confidence. We take the time to listen to your needs and goals, and explain the process step-by-step. We explore alternatives to litigation (mediation or collaborative divorce), but our dedicated divorce lawyers will aggressively protect your interests if your case goes to court. We have the knowledge to handle all related issues, including premarital agreements, paternity, and domestic violence.

Alimony & Spousal Support

Will There Be Spousal Support In My Divorce?

The law authorizes the court to award permanent, lump sum, bridge-the gap or rehabilitative alimony to either party in a marital dissolution proceeding.  In awarding alimony, the court must primarily consider the need for support of one spouse and the ability of the other to pay. The criteria used in determining whether an award of alimony is appropriate, the type of alimony that might be awarded and the amount of that alimony also include the parties’ earning abilities, ages, health, and education; the duration of the marriage and the standard of living enjoyed during its course; the parties’ assets and liabilities (both marital and non-marital); and any other factor necessary do do justice.  Although there are guidelines for determining the amount of child support,  there are no comparable statutory tables for determining alimony. As such, it is vitally important to explore all legal avenues available to determine a party's rights and responsibilities with regard to alimony. The experienced divorce lawyers of Orshan & Fajardo can answer all of your questions and provide you with an educated opinion on whether alimony will be granted in your situation.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

Types of Alimony and Spousal Support in Florida Divorces

Permanent Periodic Alimony: As a general rule, permanent periodic alimony is an amount of money required to be paid regularly until the judgment is modified or until either party dies or the receiving spouse remarries. Permanent alimony is an allowance for the support and maintenance of a spouse during his or her lifetime. Its purpose is to provide nourishment, sustenance and the necessities of life to a former spouse who has neither the resources nor ability to be self-sustaining.  Some of the factors that may be considered in assessing whether there should be an award of permanent periodic alimony in a particular case include:

• Age of the parties 
• Emotional and physical health of the parties
• Duration of marriage 
• Present custody of minor children
• Age and health of children 
• Education of both spouses 
• Work experience 
• Income history of the parties
• Current income of each party
• Reasons why spouse does not wish to work 
• Standard of living established by parties 
• Expenses of each party
• Assets of each party
• Liabilities of each party
• Homemaking and child care services during marriage 
• Contribution to education and career of spouse 
• Other services and finances contributed to marriage 
• Marital misconduct affecting finances 
• Tax consequences 
• Disparity of relative incomes following dissolution 
• Retirement or pension benefits 
• Potential income payor could be receiving

An assessment of all of the factors pertinent to your case must be made by a capable, experienced attorney.  At Orshan & Fajardo, P.A. we will explore all relevant factors to either determine your rights to receive permanent periodic alimony or to establish your defenses to a claim for alimony. Rehabilitative Alimony:  If a party is capable of becoming self-supporting, rehabilitative rather than permanent alimony is appropriate. Rehabilitative alimony presupposes a potential for self-support that was not developed or was lost completely during the marriage. The recipient spouse is given time to develop new skills or employment potential. Rehabilitative alimony serves as an incentive for self-sufficiency.  If after the rehabilitation period the receiving spouse will still be unable to earn sufficient income to maintain the marital standard of living, permanent alimony may then be awarded. Some of the factors that may be considered in assessing whether there should be an award of rehabilitative alimony in a particular case include the same factors used to assess an award of permanent periodic alimony as well as some additional factors including the following:

• Ability of party to become self-supporting
• Previous education, skills, or training 
• Previous employment 
• Disability of party 
• Time required to obtain education or training 
• Contributions to marriage affecting present employability          

Bridge-the Gap Alimony:  Alimony sometimes serves a “bridge-the-gap” purpose. Generally, bridge-the-gap alimony is awarded in dissolutions of short-term marriages to allow for a transition from the standard of living during the marriage to either the standard before the marriage or the standard that the spouse would have attained if the marriage had not occurred. This type of alimony is generally awarded for a limited period of time. Lump Sum Alimony:  Lump sum alimony is a payment of a fixed and definite sum and is in the nature of a final settlement between the parties. Essentially, support alimony in a lump sum.  Traditionally, the basis of lump sum alimony was the same as that for permanent alimony — the need of the recipient spouse and the ability of the payor spouse to pay. However, the law regarding lump sum alimony enables a court to ensure equity and justice between the parties by ordering one spouse to convey property to the other or choose the existing vehicle of lump sum alimony to achieve an equitable distribution. The criteria for this award requires findings of fact regarding the justification for the lump sum payment and an examination of the financial ability of the party making the payment. Lump sum alimony may be awarded not only as a monetary sum but also in the form of real or personal property, the marital home being the most common example. Our Florida family law attorneys often negotiate spousal support for a receiving spouse and defend alimony claims for a paying spouse as part of a divorce settlement. If a settlement cannot be reached, the attorneys at Orshan & Fajardo, P.A. will vigorously present your case for an award of alimony or your defense to an award of alimony to the court.

Alimony Modification

If there has been a substantial change of circumstances that has occurred from the time of the original award of either permanent periodic alimony or rehabilitative alimony to the time that a claim for modification of that alimony is made, the court generally has jurisdiction to modify the alimony award by either increasing, reducing or extending the time for payment of that award.  For example, if your ex-spouse who is receiving alimony has had his or her income increase, you can petition the court to decrease or terminate your alimony payments. Alternatively, if you are receiving alimony and your ex-spouse is making more money, you can seek to increase the amount you receive. When crafting settlement Agreements, we may consider attempting to establish alimony that is non-modifiable if this is a solution that meets your needs. Our lawyers can help you determine whether or not you are entitled to a modification in the level of spousal support you are receiving or paying and we will also craft a resolution to your case that considers the benefits and detriments of whether you should establish the alimony as modifiable or non-modifiable. 

We Will Fight for You

Orshan & Fajardo will vigorously promote your interests. Email us at our Coral Gables, Florida office or call 305.858.0220 for experienced, compassionate, and discreet representation.  We will explain the process, discuss your options, and estimate your costs. Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Equitable Distribution of Property & Assets

Protecting Your Fair Share of the Assets

Equitably Distributing Marital Property in Your Florida Divorce

Property division is often a contentious subject in divorce. When emotions or the need to "get even" drive the proceedings, it is easy to get drawn into a legal battle that only drains resources and drags out the process. At the Law Offices of Orshan & Fajardo, in Coral Gables, Florida, Florida, we are committed to resolving conflicts over the distribution of your marital estate without sacrificing your rightful share.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

Marital Property vs. Non-marital Property

Before equitably distributing the marital estate, the court must first determine whether assets or liabilities are either marital or non-marital.   Non-marital property is property that belongs to one spouse and is not subject to division in divorce. This includes property that a spouse brought to the marriage (such as a house, a business, pension funds) or assets or debts acquired in the name of one spouse during the marriage but unconnected to the marriage (such as an inheritance or personal injury award). Typically, each party is awarded their separate non-marital property upon a dissolution of the marriage. Marital property describes all assets (and debts) that were acquired or incurred during marriage as a result of marital labor or funds and all property or liabilities that are not otherwise determined to be non-marital. Typically, marital property is equitably divided upon a dissolution of the marriage.  The starting point for equitable distribution is an equal division of the marital estate although there are numerous factors that are considered by the court in deciding whether there should be an unequal division of the estate.  Some of those factors include:

• The contrubution to the marriage including care and education of children and homemaking services.
• The economic circumstances of the parties.
• The duration on the marriage.
• The contribution of one spouse to the personal career or educational opportunities of the other spouse.
• The desirability of retaining any asset, including an interest in a business, corpoeration, or professional practice, intact and free from any claim or interference by the other party.
• The contribution of eaach spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities  to, both the marital and nonmarital assets of the parties.
• The desirability of retaining the marital home as a residence for a dependent child.
• The intentional dissipation, waste, depletion, or destruction of marital assets before or after the filing of the petition for dissolution of marriage.
• Any other factors necessary to do equity and justice beetween the parties. 

Sometimes particular assets contain both marital and non-marital components and the division of those assets becomes more complicated. If a non-marital asset increases in value during the marriage, there must be a determination as to whether that increase in value was "passive" or the result of market forces having nothing to do with the efforts of either party or "active" based on one of the spouses contributions of labor or funds to the growth of the asset.  Marital assets include the enhancement in value and appreciation of non-mairital assets resulting from the efforts of either party durnig the marriage or from the expenditure of marital funds.  For example, if one spouse owned a business at the time the parties were married and that business increased in value during the marriage as a result of one or both spouses working at the business, the increased value of the business will likely be deemed a marital asset subject to equitable distribution.  Or, if one spouse provided a down payment for a house before marriage but both parties contributed to the monthly mortgage and paid for improvements to the property during the marriage, the enhanced value of the property may be deemed to be a marital asset. Each different type of asset requires a separate analysis to determine whetehr that asset will be considered to be marital or non-marital by the court. 

Experienced Property Division Attorneys

Our divorce lawyers have extensive experience in these complex marital property division issues, and we will fight to ensure you receive your share.We are also skilled at analyzing all asset issues (such as those involving closely held businesses, professional practices, corporations, investments, savings and financial accounts, pension and retirement funds, deferred compensation accounts, marital homes, real property, automobiles, boats, art work, jewelry, other personal property, and all other assets) and negotiating creative agreements, such as tradeoffs allowing one spouse to keep a particular asset when that is warranted. 

Protect Your Property Division Rights

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while seeking to avoid expensive litigation.   Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Child Custody & Parenting Matters

Nothing Is More Important

Florida Child Custody Lawyers Who Will Fight For You

At Orshan & Fajardo, we understand that the best interests of your children is the uppermost concern. Our child custody attorneys offer aggressive representation in pursuit of your goals, striving for the best outcome with the least impact on your kids.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

About Child Custody

Florida law addresses two types of child custody:

• Physical custody: The right of a parent to have the child live with him or her
• Legal custody: The right to make decisions about a child's upbringing

There is a presumption that some form of joint custody is in the best interests of the child, lacking evidence that shared custody would be dangerous to the child, such as in cases of abuse. However, shared custody does not necessarily mean a 50/50 split in parenting time and decision-making. One parent could get 90 percent of the physical custody, and the other parent visitation for the remainder.

Aggressive Protection of Your Interests

As your attorneys, we will fight to make the case that you are better suited to be the primary parent, or if this is not possible, we will advocate to maximize your visitation time. In all child custody cases, we build a compelling argument on your behalf based on research of each party's financial positions, home life and family structures, the child's report cards, and other relevant factors.If custody is disputed, an Order to Show Cause (OSC) hearing is held to determine temporary custody, child support, and spousal support. Our child custody attorneys will prepare you for the court-mandated mediation that precedes the OSC hearing. We believe it is in everyone's best interests to come to an agreement without resorting to custody litigation. However, if you are adamant or the other party unyielding, we will vigorously defend your interests in a custody trial, where a judge will make a final determination.

Child Visitation Rights

The parent who is not awarded physical custody is entitled to visitation, subject to terms set by the court. Our attorneys will work diligently to earn you the greatest amount of visitation time with the least restrictions as possible. There are three types of visitation:

1. Reasonable Visitation: Times and places are negotiated by the parents

2. Fixed Visitation: The court orders times and places for child visitation

3. Supervised Visitation: An adult supervisor must be present during visitation

Grandparent visitation rights can be difficult to secure under Florida law. The court will consider several factors, including whether you had on-going relationship with the child and if it is in the child's best interests to maintain regular contact. Contact our family law attorney to discuss your options for grandparent visitation rights.

Modifying Child Custody

After divorce, circumstances and the needs of the child may change. We will vigorously press your case in a modification hearing:

1. You desire more equal parenting time 2. An older child expresses a wish to live with you

3. You want sole custody because the other parent's behavior is a danger to your child's well-being (e.g., drug use, abusive boyfriend or girlfriend, dropping school grades)

4. You wish to relocate out of Florida with your child

5. You are challenging the custodial parent's relocation petition

Child Support & Matters Involving Children's Expenses

Determination - Modification - Enforcement

At Orshan & Fajardo, our role is to make sure your children are provided for and that you are treated fairly in the child support process. Based in Coral Gables, Florida, Florida, we represent both custodial parents and non-custodial parents involved in child support disputes. We invite you to contact our office today to schedule an appointment for a consultation.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

Initial Determination of Child Support

Child support is a regular payment from one parent to the other after a divorce or separation. It provides for the daily expenses of raising a child, and may include child care, educational expenses, health insurance, medical and medically related expenses that are not covered by insurance, tutoring, extra-curricular activity expenses and other child related expenses that may be unique to a particular family or child. Child support is determined as part of a divorce settlement, or in cases involving children out of wedlock, paternity must be established before child support can be imposed.  The court awards support on a case-by-case basis, in accordance with Florida child support guidelines and considering several factors:

1. Incomes of the parents.
2. The financial resources of the parents if there is insufficient recurring income.
3. Needs of the children (including, for example, special medical or educational needs).
4. The amount of time that a child or children resides with each parent. 
5. The traditional and customary expenditures on behalf of the child during the intact marriage.

Our child support attorneys can initially provide an approximation of expected payments, and bring any reasons for deviating from the state guidelines to the court's attention.  After specific financial information is obtained from both you and the child's other parent, we will more precisely calculate the amount of child support and related payments in your case.

Modification of Child Support

If, after child support has been established, that support can be modified (either increased or decreased) if there has been a substantial change of circumstances from the date of the initial child support award to the date that the request for modification is filed.  A substantial change of circumstances has been defined as one that is significant, material, involuntary and permanent.  Each word of the definition has been interpreted by case law and requires analysis to determine whether modification is available in each particular case.  Some substantial changes in circumstances occur when a parent experiences a raise or promotion, or a decrease in earnings or unemployment and may include the payor parent earning greater or lesser income than at the time the child support was first established; the recepiant parent earning greater or lesser income than at the time the child support was first established; and the changing financial, medical, educational, psychological or other needs of the children. Our lawyers will assist you in determining whether modification of child support is appropriate in your case and help you make your case before the family court judge.

Child Support Enforcement

If the other parent is not meeting child support obligations by failing to timely pay child support or any court ordered child related expenses, contact the Law Offices of Orshan & Fajardo for help in compelling the noncompliant parent to fulfill their court-ordered duties. Florida child support laws provide several remedies, including contempt of court proceedings that may include punishment for noncompliance, incarceration, sanctions, interest on outstanding funds owed, attorney's fees and costs, wage garnishment, income deduction orders, payment by direct deposit and other remedies to collect unpaid child support.

Protect Your Child Support Rights

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while seeking to avoid expensive litigation.  Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Post-Judgment Modification Matters

Modification and Enforcement of Judgments anvbnd Orders

Child custody, child support, visitation and spousal support arrangements are usually agreed upon at the time of divorce. At that time, many people are able to fight successfully to maximize their rights. Others, lacking time, resources or assistance, may agree to arrangements that do not serve their interests or the interests of their child very effectively Regardless of the circumstances of your original agreements, you have the right to request a modification of your arrangements if they no longer serve you or the best interests of your child. There are many situations that can lead to the need for the modification of support and time arrangements. Several common reasons are:

• A change in the income or financial circumstances of either the payer or receiver of support payments.
• A change in the financial needs of the child.
• Deceit. Perhaps the payer failed to disclose assets, misrepresented their value, or perhaps the receiver underreported real or anticipated income.
• Drug or alcohol abuse, which can lead to the withdrawal of custody and visitation rights, or supervised visitation.
• Ineffective legal representation at the time of your divorce.
• Relocation, employment changes, remarriage, parental illness or a child's special needs.

If your level of rights is low due to child endangerment, criminal activity or substance abuse, we can help you follow family court procedures to regain your rights. If you feel like the amount of support you pay or receive should be changed, we can gather information and present your case in hearings and in court. We can also file a motion to set a judgment aside if, for instance, an error was made or mental incompetence was a factor during previous proceedings. The state of Florida is generous in setting judgments aside if good cause is demonstrated. In addition, we can:

• Enforce property division judgments, including the forced refinancing or sale of a house
• Handle cases involving wage garnishment, wage assignment and payment seizures
• Handle cases involving non-cooperating spouses
• Pursue the payment of child and spousal support payments that are in arrears. Unpaid arrears increase at an interest rate of 10 percent annually and have no statute of limitations/deadlines. Also, the law requires the person in arrears to pay attorney's fees. We help people both in pursuing arrears payments and defending against unfair arrears allegations.

Protect Your Rights !

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while keeping the process going and avoiding expensive litigation.

Preparing & Analyzing Pre-Nuptial Agreements

Coral Gables, Florida Premarital Agreement Lawyers

Protecting Your Rights in Marital Property Agreements

If you are considering signing a prenuptial agreement, it is critical you know your rights and understand the ramifications of what you are signing. It is also important to act quickly if the marriage date is approaching. The experienced divorce and family law attorneys of Orshan & Fajardo can help you protect your financial interests before you get married.

Free 30 minute in office consultation by appointment   305.858.0220

Contact our Coral Gables, Florida office today for a Free 30 minute in office consultation by appointment consultation. We represent men and women in the Dade, Broward, Palm Beach, and St. Lucie counties. Some attorneys charge by the hour for a "prenup." We draft or review yours for a flat, one-time fee.

Prenuptial Agreements - What You Need to Know

A prenuptial agreement, also called a premarital agreement, makes sense in many situations. Under the right circumstances, it sets clear expectations for the two people as they enter marriage and protects both in the event of a divorce. However, a lop-sided or hastily drafted agreement can work against you or lead to litigation down the road.

Properly crafted, the prenuptial agreement declares which assets belong to the individuals (separate property) and which assets will be considered community property after you wed. If you bring your own home, business, or inheritance to the marriage, these assets are protected in the event the marriage doesn't work out. Many people entering a second marriage sign premarital agreements to protect their own assets as well as the inheritance rights of children from a first marriage.

Our attorneys can negotiate and draft your agreement or review and revise your current agreement. If we draft the agreement for you, the first thing we will do is compile a list of your assets. Next, we will discuss your goals for the agreement. Lastly, we will draft a prenuptial agreement that expresses your goals and present it to your future spouse for review. Florida statute requires a 7-day waiting period before you and your future spouse can sign the agreement. We strongly encourage you to have your signature notarized to prevent a fraudulent suitor from "pulling a fast one."

Don't Wait Too Long! Because of the mandatory waiting period and bureaucratic tangles, you should start the process at least three weeks before the wedding date. This gives you and your attorney the opportunity to properly safeguard your interests.

Paternity

Seeking to Establish Parental Rights?

Our family law attorneys represent mothers and fathers who wish to determine parentage of a child. We are committed to protecting your rights and privacy in a sometimes frustrating process.

Need a DNA test? Trying to collect child support? Call 305.858.0220

The Law Offices of Orshan & Fajardo represents clients in Coral Gables, Florida-Dade Broward, Palm Beach, and Martin Counties, and throughout Florida. Contact our office today for a free 30 minute in office consultation by appointment consultation regarding your rights and options.

Mothers Seeking Child Support or Fighting Visitation

In most cases, it is not necessary to hire a lawyer to establish child support. Child Support Services (CSS) can order support, compel DNA tests, and pursue action against a father who refuses to pay. If you are concerned that the father would be an abusive or negative influence in your child's life, our family law attorneys can represent you in family court custody proceedings to argue against visitation, or in the alternative, for supervised visits only.

Fathers Establishing Paternity and Challenging Paternity Actions

Our lawyers can help men establish paternity of a child and assert their rights and responsibilities as a father. Our representation includes:

1. Arranging DNA paternity testing to prove you are the biological father;

2. Petitioning for an Order to Show Cause hearing in family court to request shared custody or visitation rights;

3. Negotiating the amount of child support.

We also represent fathers who have been served with a child support order from CSS. If you dispute whether you are the father, we can arrange a genetic test (or a second test). If testing comes back positive, we can negotiate with CSS on your behalf to decrease any child support arrears. Our paternity lawyers have successfully reduced obligations by many thousands of dollars for clients.

Your case is kept in strictest confidence.

Domestic Violence Restraining Orders

Temporary Restraining Order (TRO) and Permanent Restraining Order Hearings

If you have been the victim of domestic assault, or fear for the safety of yourself or children, Orshan & Fajardo provides compassionate support and the urgent legal representation you need.

Free 30 minute in office consultation by appointment 305.858.0220

Temporary Restraining Orders

If you or your child has been physically abused or threatened with domestic violence, our attorneys can help file for a temporary restraining order (TRO). The order is granted by a judge, often ex parte (without a formal hearing), within 24 hours of the request. Typically, the order requires the alleged abuser to move out of the home, and to have no contact with the spouse or partner. It can place additional restrictions on joint bank accounts and other assets. The TRO is usually valid for 21 days.

Permanent Restraining Orders

About two weeks after a TRO is granted, a hearing is held to determine whether to continue the restraining order. A permanent domestic violence protection order may be granted for several months to several years. The order may bar all communication and contact, or it may provide for supervised visitation with children.

While TROs are granted almost automatically, judges are more cautious in granting a permanent restraining order. Such an order has enormous ramifications for custody, visitation, and divorce proceedings, and the court will require proof that abuse has occurred or that threats were real.

Do not go into one of these hearings without experienced counsel to represent you. In support of your request for a permanent restraining order, our skilled attorneys will prepare and submit briefs and other documents to the court on your behalf. You are not required to confront the abuser in person at the hearing. The judge may grant the order as requested, modify it, or deny it.

Contact our Coral Gables, Florida office at 305.858.0220 for experienced, compassionate, and discreet representation. We offer a free 30 minute in office consultation by appointment. We will explain the process, discuss your options, and estimate your costs.

Partner/Same-Sex Family Issues

Experienced Domestic Partnership Attorneys

At Orshan & Fajardo, we provide legal representation to same sex couples throughout Florida.  Unlike traditional married couples, same sex couples are required to take legal action to enjoy the full rights and protections of Florida law.  Florida does not recognize common law marriage, so if you live with your same sex partner you must take legal action to receive full protection under the law. Taking these steps may also benefit your relationship with your same sex partner by clearly spelling out your commitment to each other.

An experienced lawyer from our firm can help you and your partner with a number of legal issues, including:

• Registration of Domestic Partnership
• Termination of Domestic Partnership
• Dissolution of Domestic Partnership
• Nullity of Domestic Partnership
• Legal Separation of Domestic Partners
• Estate Planning for Domestic Partners
• Cohabitation Agreements
• Domestic Partner Adoption
• Custody & Visitation
• Marvin Actions
• Same Sex Domestic Violence

Representing Gay and Lesbian Couples throughout Florida

Our family lawyers have experience handling a variety of legal issues faced specifically by gay and lesbian couples, including domestic partnership, and will work hard to get you and your partner the results you seek.  Domestic partner registration is a fairly recent development which allows for same sex couples to enjoy many of the same benefits as married couples.  Due to the fact that same sex marriages are not recognized by most states within the U.S., including Florida, there is no method by which to measure the relationship between gay and lesbian couples or the families they create.  Domestic partnership is a way for a same sex couple to declare their relationship with the purpose of obtaining certain benefits that heterosexual couples enjoy.

Same sex advocacy is something our attorneys feel very strongly about, and a lawyer from our firm will handle your case in a sensitive and effective manner to achieve optimal results for your specific situation.  With a skilled domestic partnership attorney representing you, you will have exceptional legal guidance and support until the matter is resolved.

Fathers Rights

Florida Family Lawyers Protecting the Rights of Fathers

The courts have come a long way in recognizing that when both parents are committed to the best interests and welfare of their children, the law will treat mothers and fathers equally when deciding matters of family law. The law provides that in most circumstances, both parents deserve to see their children, retain a fair portion of assets, and enjoy reasonable and fair custody and visitation rights.

Additionally, the courts now recognize that children are best served by having both parents provide regular, hands-on parenting, and by having both parents involved in making key decisions regarding children's medical care, education and other important matters.

Nonetheless, the issue of fathers' rights remains at the forefront of family law, and fathers remain concerned that they will be at a disadvantage when courts make crucial decisions regarding their post marriage rights. If you have questions regarding fathers' rights or seek legal representation to protect your rights as a father, we can help.

Experienced Coral Gables, Florida Fathers' Rights Lawyer.

Fathers and men going through the divorce process are often concerned about their rights regarding:

• The establishment of child custody and visitation rights that are fair and reasonable and reflect the father's wishes;
• The arrangement of reasonable, non-excessive child support and spousal support payments; and,
• The protection of assets.
 

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220.

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while seeking to avoid expensive litigation.   Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Collaborative Law

What is Collaborative Law?

Collaborative law is a less adversarial prelitigation process that involves the two spouses and their attorneys working together to try to negotiate and resolve divorce issues in an environment that seeks to encourage civility and respect from all participants.  The Collaborative Law process is an alternative to litigation and mediation that employs less adversarial techniques to achieve a resolution of issues.

Four Way Negotiations (4way)

You and your spouse each hire your own collaborative lawyer (and interdisciplinary teams) and execute an agreement that memorializes the participants' agreement to stay out of court, act in good faith throughout the process, and voluntarily disclose all financial and other relevant information. You conduct settlement negotiations with your attorneys and other experts by your sides -- usually during four-way meetings in which the lawyers act as advisors to the clients instead of taking charge of the process. If you can't reach a resolution of your case, then your attorneys must both withdraw, and neither your lawyers nor any member of their firms may represent you in divorce litigation. The attorneys will then assist their respective clients in transitioning to litigation counsel.  This approach is meant to encourage all participants to commit to reaching a reasonable settlement.

 

Interdisciplinary Teams

In addition to the atttorneys who represent their respective clients, the collaborative approach may use interdisciplinary teams working together to help the family through the divorce process.  Team members may include coaches for each spouse; financial specialists such as forensic accountants, valuation experts and real estate appraisers; and child specialists such as child psychologists and other mental health professionals.

Advantages of Collaborative Law

The advantages of collaborative law may include:

1. It may limit emotional damage to client's and their children that can occur through an adversarial litigation process. The process seeks to avoid hostilities and anger that occurs when litigants are locked in combat over child related and financial issues;
2. You might shorten a process that could otherwise last a longer period of time, depending on the parties' desires to expeditiously resolve their issues; 
3. There may be financial savings; in collaborative law, if a settlement is reached, the cost to complete the process is usually less expensive than the cost to engage in traditional adversarial litigation.

Ultimately, the collaborative method works if both you and your spouse can work together to achieve a resolution of your case.  Instead of creating bitterness, it aims to create a renewed respect for -- or a better understanding of -- your ex-spouse and a general feeling that the agreement was a job well done. The collaborative approach seeks to achieve a fair, prompt, efficient and positive settlement that works for both parties.

Most negotiations end in agreement because of the determination of all participants -- including the lawyers -- to reach that goal. If you fail to achieve an agreement, the more traditional litigation process will then be pursued. 

Family Law Resources

Coral Gables, Florida Family Law Attorneys

Serving Dade, Broward, Palm Beach, and St. Lucie counties and all of Florida

1. State of Florida
2. Miami-Dade County Circuit Courts
3. Miami-Dade County
4. Broward County
5. Fourth District Court of Appeals
6. FL Attorney General
7. Florida Bar

Welcome

Orshan & Fajardo is committed to protecting the financial interests and legal rights of clients who are experiencing family law issues in Florida. We understand just how devastating, difficult and stressful this time can be for anyone, and as professional Florida family law attorneys, we hope that by providing each one of our clients with personal attention and dedication, we can resolve any issue in a fair and timely manner.

Please contact a knowledgeable Florida divorce attorney at Orshan & Fajardo today if you are facing any type of family law issue, including:

• Dissolution of Marriage/Divorce
• Alimony and Spousal Support
• Equitable Distribution of Property and Assets
• Child Custody and Parenting Matters
• Child Support and Matters Involving Children's Expenses
• Preparing and Analyzing Pre-Nuptial Agreements
• Post-Judgment Modification Matters
• Paternity
• Domestic Violence
• Partner/Same-Sex Family Issues

Serious Lawyer Protecting Your Family’s Future

At Orshan & Fajardo we will aggressively fight on a client’s behalf in an effort to obtain a positive outcome. Whether we need to negotiate with opposing parties or provide litigation in a family court of law, we are determined to achieve the best possible outcome.  Please contact a professional Florida divorce lawyer at our firm immediately to schedule a free initial consultation to begin the steps towards protecting your family’s future. During the consultation, we can review the facts and issues that surround your family’s case to let you know what the next legal step should be to pursue a favorable outcome. We are an outstanding Florida Divorce and Child Custody Lawyer experienced with family law issues throughout Florida, including the cities of Miami and Coral Gables.

 

 

Firm Overview

Florida Family Law Attorneys

The Law Office of Orshan & Fajardo provides a wide range of family law services to the residents of Florida. Our firm has helped has helped hundreds of clients achieve their divorce and family law goals. Our practice areas include:

Divorce. We work with Florida residents, out-of-state clients with children or a spouse in Florida.

Child Support. We can work to calculate accurate income figures and other factors that determine child support amounts, to ensure you pay a fair child support amount or receive support payments that enable you to fully provide for your child.

Spousal Support. We work both with people who are concerned about paying too much support and people fighting to receive the full payment award they need and deserve.

Child Custody and Visitation. We can prepare you for state-mandated mediation, and help you pursue your custody and visitation goals.

Paternity Suits. We work with married couples, domestic partners and people who share a minimal history.

Division of Marital Property, including disputes involving retirement accounts, royalties, military pensions, homes, family businesses, premarital property, inheritances, and hidden and undisclosed assets

Modifications and Enforcements, including modifications resulting from a change in income, a change in the financial needs of the child, undisclosed assets, drug or alcohol abuse, and ineffective legal representation at the time of the initial judgment

Domestic Violence and Abuse, including both stopping violence and defending against unfair and inaccurate allegations of violence

Fathers' Rights, including issues relating to visitation, child custody, child support, spousal support and the protection of assets  

Prenuptial Agreements, protect your assets from the beginning, and save the possibly of a lengthy expensive process afterwards.

Annulment,

Domestic Partnerships,

Relocation and Move-Aways,

The Florida Family Law attorneys at Orshan & Fajardo are committed to working aggressively to achieve your family law goals at every step of the legal process. We have helped hundreds of clients identify, pursue and win their full range of family law rights.

Attorney Profiles

Hire a proven Florida Family Law Firm who will compassionately and aggressively pursue your legal rights

With almost fifty years of combined experience, the attorneys at Orshan & Fajardo have represented clients dealing with high net worth and complex asset and financial matters, significant and disputed child custody determinations, as well as lesser complicated marital and family law disputes. Although the firm's experience includes representation of high net worth individuals, prominent professionals, businessmen, doctors, lawyers, accountants and professional athletes, we also represent salaried employees, homemakers and all individuals who require attentive and knowledgable legal services. The firm’s approach to the practice of family law is based upon a goal-oriented process, which includes the following:

        
• Meeting with you to develop an understanding of your legal goals;
        
• Analyzing the available alternatives and development of a strategy to help you achieve your goals; 
        
• Assisting you through the legal process by avoiding unnecessary litigation and seeking to mediate your issues as promptly as possible;
        
• Securing for you the best resolution available whether it be through settlement or litigation.
        
• Engaging in ongoing problem solving and searching for practical, logical solutions to your issues.

The law office of Orshan & Fajardo is comprised of dedicated lawyers and staff who will treat you with courtesy and respect. Orshan & Fajardo is a well known, well respected team practicing with integrity. We take pride in being more than just a business; we are in this profession because it allows us to help people, children and families. We are passionate about the field of family law. We strive to provide respectful representation at all times whether the firm's attorneys and staff are dealing with your spouse, opposing counsel or a judge. We know that impressions and presentation count.

The firm values and appreciates its clients' trust and confidence.  We endeavor to work expeditiously and efficiently to resolve your legal matters to your full satisfaction.  At Orshan & Fajardo, we strive to resolve cases in a non-adversarial, prompt and honorable manner; however, the attorneys are always prepared to advocate effectively and aggressively throughout the legal process and at trial for the protection of your financial and parental rights.  We understand that our clients are experiencing a time in their lives that requires sensitivity and caring and that requires us to be available and communicate with you throughout the process.  Our firm is dedicated to providing these services with the goal of easing the burden imposed by the sometimes necessary litigation of personal and financial matters.

The attorneys at Orshan & Fajardo are also sensitive, discreet and non-judgmental when it comes to the numerous issues or causes surrounding a divorce. We have office procedures and polices in place to help protect client confidentiality. Where children are involved, Orshan & Fajardo also pledges to address your child-related with the utmost importance, regardless of which parent brings the case to court, and to practice with your children's best interests in mind at all times. Your divorce is more than simply a matter of dividing assets-it is a critical decision with a tremendous impact on your life, as well as those around you.

We understand that Family law courts, like other courts, do not "automatically" award the fairest and most optimal decisions to parties going through the family law legal process. Instead, family law courts offer the opportunity for fairness and maximum rights by responding to the information and persuasion provided by the participants.

If you face a pending divorce or face family law issues such as timesharing rights, child custody, division of property, or child or spousal support, an experienced family law attorney can work as your advocate in the family law courts, and fight for your maximum family law rights. For example:

• Courts enjoy much discretion when using and interpreting state guidelines to determine fair child support and in determining alimony and spousal support payments. Should seasonal income be included in your spouse's total income? Do you or your spouse receive stock options as part of income? Should a retirement account be included as income?
• The division of marital property can rapidly become complex. Are you or your spouse entitled to remain in the marital home after a divorce? Who owns the retirement accounts? Is your spouse hiding assets?
• The family law courts rely on you to provide information on which to base a fair child custody decision. Who has acted as the child's primary caretaker? Are both parents' psychological profiles sound? Who has made important education and medical decisions for the child in the past?

The Florida Family Law attorneys at Orshan & Fajardo< are committed to answering these questions and the particular questions that are applicable to your case.  We will work aggressively to achieve your family law goals at every step of the legal process. We have helped thousands of clients identify, pursue and win their full range of family law rights.

The family law attorneys of Orshan & Fajardo have been an active part of the Southern Florida legal community for many years. This firm has and can compete head to head with the nation's best legal advocates. The firm has drawn upon its years of business longevity and experience. It has kept pace with contemporary work force technology. Orshan & Fajardo's state-of-the art computer network, on-line legal research databases, voice over internet protocol phone system, high speed internet access, and voice activated transcription systems all translate into efficiency and cost savings for you. The attorneys are connected to the office through internet networks, so they are able to respond to clients needs outside of office hours and on weekends when necessary. Orshan & Fajardo also works with an extensive network of experts through out Florida in the fields of forensic divorce accounting, financial sector planning, fund management, investment banking, corporate law, divorce tax planning, real estate and business valuation appraisers, retirement-pension plan specialists, psychologists and child custody evaluators.

Orshan & Fajardo understands that when you are faced with the need to seek legal advice from a family law attorney, your goal is to achieve a prompt and reasonable conclusion of all of the issues surrounding a dissolution of marriage or other family law issue.  Our firm is committed to providing the highest and most impeccable service to its clients so that their goals will be achieved.

| Family Lawyer Orshan | Family Lawyer Fajardo | Family Lawyer Davis | Family Lawyer Samek |
 

| Family Lawyer Orshan | Family Lawyer Fajardo | Family Lawyer Davis | Family Lawyer Samek |
 

| Family Lawyer Orshan | Family Lawyer Fajardo | Family Lawyer Davis | Family Lawyer Samek |
 

| Family Lawyer Orshan | Family Lawyer Fajardo | Family Lawyer Davis | Family Lawyer Samek |
 

Client Testimonials

Coments from Just a Few of Our Clients

En Espanol

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Disclosure

The information on this Florida Family Law Attorneys website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Disolución de la Unión/del Divorcio

espanol - Florida Divorce Attorneys

Protecting Your Interests with Experience, Compassion, and Discretion

Regardless of how you came to this point, many issues must be resolved in a divorce. The attorneys at Orshan & Fajardo protect your best interests while guiding you through the wrenching process. For every decision, we extend advice and support. For every dispute, we're behind you as strong legal advocates.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

We represent men and women throughout the southern Florida area. Arrange an appointment today to sit down with an experienced divorce attorney to discuss your goals and concerns.

Exploring Your Options Under Florida Divorce Law

We take the time to get to know our clients. Once we understand what is most important to you, we can devise strategies and pursue a course of action to achieve your goals and protect your interests. Perhaps decisions about custody and visitation or child support are your chief concern. If your children are adults or you did not have any children together, the focus of your divorce may be on division of assets or spousal support and alimony.

The State of Florida is a no-fault divorce state meaning that there does not have to be any particular reason that exists to enable you to obtain a divorce from your spouse.  Either party can legally file to end the marriage and the only ground required is that the marriage is "irretrievably broken." It is not required that your spouse agree to a divorce.  If one spouse wants a divorce, the court will dissolve the marriage.

Before a dissolution of marriage (divorce) is granted by the court, all issues of property division, child custody and timesharing, financial support and related matters must be resolved.  Every case and family situation is different and requires separate analysis and attention to the particular circumstances of the parties and their children. A resolution either occurs through a settlement or through a determination by the court after a trial.  Our divorce attorneys can help you work out an agreement through mediation and negotiation, or vigorously present your case in divorce court litigation.  

Divorce is nothing if not difficult. The legal complexities involved are more than enough for anyone, but even these are often overshadowed by the personal emotional impact of ending a marriage. The outcome of a divorce has a far-reaching impact on the lives of everyone involved: husband, wife, children, relatives, and even family friends. Divorce attorneys cannot make divorce easy, but good lawyers will help conclude a divorce as painlessly as possible. Metro Miami & all Southern Florida residents can rely on Orshan & Fajardo to provide the legal expertise necessary through all phases of the divorce process.

Taking the First Steps

In many ways, initiating a divorce is the most difficult part of the process. When filing for divorce, many people feel vulnerable, depressed, and overwhelmed. The prospect of a legal dispute with one's own spouse can be difficult to face. The goal of the divorce attorneys at the Orshan & Fajardo Law Firm is to help make every stage of the legal process as comprehensible and approachable as possible. In the early stages of a divorce, the lawyers will require copies of financial paperwork detailing the household's shared assets and debts, as well as its members tax histories, investments, and retirement plans. It may also helpful for the divorce lawyers to have copies of receipts detailing each spouse's individual expenditures that may have impacted the family's financial status. The more information that is available to your divorce lawyers, the better the outcome of the divorce is likely to be.

Staying on Course

One of the most important things to remember is that divorce is commonly a lengthy process. Allthough a divorce can be finalized shortly after a settlement is reached, it generally takes a number of months for the parties to reach a resolution. Attorneys must negotiate, and, before they can negotiate, all relevant financial and other information must be compiled and catalogued. If a settlement cannot be achieved, the court must determine the issues at trial.   If the case goes to court, it will likely take longer still. It is also during this process that child support and custody issues will be settled. During this phase, each party's behavior, assets, and personal history will be closely examined. Because the law allows room for interpretation, custody, asset distribution and financial support issues are often subjective judgments. It is in this phase that the advice of divorce attorneys proves most valuable. Throughout the discovery process and negotiations, the guidance of the experienced divorce attorneys at The Carroll Law Firm in the Dallas / Fort Worth area will be an important part of protecting individual interests and ensuring an equitable settlement.

Making the Transition

Once the divorce is finalized by entering into a settlement agreement or by a determination by the court, we will present you with a certified Final Judgment of Dissolution of Marriage which is the legal document establishing your divorce. At this point, the divorce will be legally recognized, and all terms of the agreement or court order will take effect. Finalizing the divorce means that assets will be distributed as outlined in either a judge's ruling or in the agreement reached out of court between the divorce lawyers and their clients. If the settlement or judgment requires it, houses, properties, and other assets may be sold to make distribution possible. In addition, custody and child support guidelines will become active.

Compassionate and Discreet

We understand that you may not want your spouse or family members to know you have consulted an attorney. Your discussion is kept in strictest confidence. We take the time to listen to your needs and goals, and explain the process step-by-step. We explore alternatives to litigation (mediation or collaborative divorce), but our dedicated divorce lawyers will aggressively protect your interests if your case goes to court. We have the knowledge to handle all related issues, including premarital agreements, paternity, and domestic violence.

Alimentos & ayuda nupcial

espanol - Will There Be Spousal Support In My Divorce?

The law authorizes the court to award permanent, lump sum, bridge-the gap or rehabilitative alimony to either party in a marital dissolution proceeding.  In awarding alimony, the court must primarily consider the need for support of one spouse and the ability of the other to pay. The criteria used in determining whether an award of alimony is appropriate, the type of alimony that might be awarded and the amount of that alimony also include the parties’ earning abilities, ages, health, and education; the duration of the marriage and the standard of living enjoyed during its course; the parties’ assets and liabilities (both marital and non-marital); and any other factor necessary do do justice.  Although there are guidelines for determining the amount of child support,  there are no comparable statutory tables for determining alimony. As such, it is vitally important to explore all legal avenues available to determine a party's rights and responsibilities with regard to alimony. The experienced divorce lawyers of Orshan & Fajardo can answer all of your questions and provide you with an educated opinion on whether alimony will be granted in your situation.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

Types of Alimony and Spousal Support in Florida Divorces

Permanent Periodic Alimony: As a general rule, permanent periodic alimony is an amount of money required to be paid regularly until the judgment is modified or until either party dies or the receiving spouse remarries. Permanent alimony is an allowance for the support and maintenance of a spouse during his or her lifetime. Its purpose is to provide nourishment, sustenance and the necessities of life to a former spouse who has neither the resources nor ability to be self-sustaining.  Some of the factors that may be considered in assessing whether there should be an award of permanent periodic alimony in a particular case include:

• Age of the parties 
• Emotional and physical health of the parties
• Duration of marriage 
• Present custody of minor children
• Age and health of children 
• Education of both spouses 
• Work experience 
• Income history of the parties
• Current income of each party
• Reasons why spouse does not wish to work 
• Standard of living established by parties 
• Expenses of each party
• Assets of each party
• Liabilities of each party
• Homemaking and child care services during marriage 
• Contribution to education and career of spouse 
• Other services and finances contributed to marriage 
• Marital misconduct affecting finances 
• Tax consequences 
• Disparity of relative incomes following dissolution 
• Retirement or pension benefits 
• Potential income payor could be receiving

An assessment of all of the factors pertinent to your case must be made by a capable, experienced attorney.  At Orshan & Fajardo, P.A. we will explore all relevant factors to either determine your rights to receive permanent periodic alimony or to establish your defenses to a claim for alimony. Rehabilitative Alimony:  If a party is capable of becoming self-supporting, rehabilitative rather than permanent alimony is appropriate. Rehabilitative alimony presupposes a potential for self-support that was not developed or was lost completely during the marriage. The recipient spouse is given time to develop new skills or employment potential. Rehabilitative alimony serves as an incentive for self-sufficiency.  If after the rehabilitation period the receiving spouse will still be unable to earn sufficient income to maintain the marital standard of living, permanent alimony may then be awarded. Some of the factors that may be considered in assessing whether there should be an award of rehabilitative alimony in a particular case include the same factors used to assess an award of permanent periodic alimony as well as some additional factors including the following:

• Ability of party to become self-supporting
• Previous education, skills, or training 
• Previous employment 
• Disability of party 
• Time required to obtain education or training 
• Contributions to marriage affecting present employability          

Bridge-the Gap Alimony:  Alimony sometimes serves a “bridge-the-gap” purpose. Generally, bridge-the-gap alimony is awarded in dissolutions of short-term marriages to allow for a transition from the standard of living during the marriage to either the standard before the marriage or the standard that the spouse would have attained if the marriage had not occurred. This type of alimony is generally awarded for a limited period of time. Lump Sum Alimony:  Lump sum alimony is a payment of a fixed and definite sum and is in the nature of a final settlement between the parties. Essentially, support alimony in a lump sum.  Traditionally, the basis of lump sum alimony was the same as that for permanent alimony — the need of the recipient spouse and the ability of the payor spouse to pay. However, the law regarding lump sum alimony enables a court to ensure equity and justice between the parties by ordering one spouse to convey property to the other or choose the existing vehicle of lump sum alimony to achieve an equitable distribution. The criteria for this award requires findings of fact regarding the justification for the lump sum payment and an examination of the financial ability of the party making the payment. Lump sum alimony may be awarded not only as a monetary sum but also in the form of real or personal property, the marital home being the most common example. Our Florida family law attorneys often negotiate spousal support for a receiving spouse and defend alimony claims for a paying spouse as part of a divorce settlement. If a settlement cannot be reached, the attorneys at Orshan & Fajardo, P.A. will vigorously present your case for an award of alimony or your defense to an award of alimony to the court.

Alimony Modification

If there has been a substantial change of circumstances that has occurred from the time of the original award of either permanent periodic alimony or rehabilitative alimony to the time that a claim for modification of that alimony is made, the court generally has jurisdiction to modify the alimony award by either increasing, reducing or extending the time for payment of that award.  For example, if your ex-spouse who is receiving alimony has had his or her income increase, you can petition the court to decrease or terminate your alimony payments. Alternatively, if you are receiving alimony and your ex-spouse is making more money, you can seek to increase the amount you receive. When crafting settlement Agreements, we may consider attempting to establish alimony that is non-modifiable if this is a solution that meets your needs. Our lawyers can help you determine whether or not you are entitled to a modification in the level of spousal support you are receiving or paying and we will also craft a resolution to your case that considers the benefits and detriments of whether you should establish the alimony as modifiable or non-modifiable. 

We Will Fight for You

Orshan & Fajardo will vigorously promote your interests. Email us at our Coral Gables, Florida office or call 305.858.0220 for experienced, compassionate, and discreet representation.  We will explain the process, discuss your options, and estimate your costs. Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Distribución de la Característica Equitativa & Assets

espanol - Protecting Your Fair Share of the Assets

Equitably Distributing Marital Property in Your Florida Divorce

Property division is often a contentious subject in divorce. When emotions or the need to "get even" drive the proceedings, it is easy to get drawn into a legal battle that only drains resources and drags out the process. At the Law Offices of Orshan & Fajardo, in Coral Gables, Florida, Florida, we are committed to resolving conflicts over the distribution of your marital estate without sacrificing your rightful share.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

Marital Property vs. Non-marital Property

Before equitably distributing the marital estate, the court must first determine whether assets or liabilities are either marital or non-marital.   Non-marital property is property that belongs to one spouse and is not subject to division in divorce. This includes property that a spouse brought to the marriage (such as a house, a business, pension funds) or assets or debts acquired in the name of one spouse during the marriage but unconnected to the marriage (such as an inheritance or personal injury award). Typically, each party is awarded their separate non-marital property upon a dissolution of the marriage. Marital property describes all assets (and debts) that were acquired or incurred during marriage as a result of marital labor or funds and all property or liabilities that are not otherwise determined to be non-marital. Typically, marital property is equitably divided upon a dissolution of the marriage.  The starting point for equitable distribution is an equal division of the marital estate although there are numerous factors that are considered by the court in deciding whether there should be an unequal division of the estate.  Some of those factors include:

• The contrubution to the marriage including care and education of children and homemaking services.
• The economic circumstances of the parties.
• The duration on the marriage.
• The contribution of one spouse to the personal career or educational opportunities of the other spouse.
• The desirability of retaining any asset, including an interest in a business, corpoeration, or professional practice, intact and free from any claim or interference by the other party.
• The contribution of eaach spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities  to, both the marital and nonmarital assets of the parties.
• The desirability of retaining the marital home as a residence for a dependent child.
• The intentional dissipation, waste, depletion, or destruction of marital assets before or after the filing of the petition for dissolution of marriage.
• Any other factors necessary to do equity and justice beetween the parties. 

Sometimes particular assets contain both marital and non-marital components and the division of those assets becomes more complicated. If a non-marital asset increases in value during the marriage, there must be a determination as to whether that increase in value was "passive" or the result of market forces having nothing to do with the efforts of either party or "active" based on one of the spouses contributions of labor or funds to the growth of the asset.  Marital assets include the enhancement in value and appreciation of non-mairital assets resulting from the efforts of either party durnig the marriage or from the expenditure of marital funds.  For example, if one spouse owned a business at the time the parties were married and that business increased in value during the marriage as a result of one or both spouses working at the business, the increased value of the business will likely be deemed a marital asset subject to equitable distribution.  Or, if one spouse provided a down payment for a house before marriage but both parties contributed to the monthly mortgage and paid for improvements to the property during the marriage, the enhanced value of the property may be deemed to be a marital asset. Each different type of asset requires a separate analysis to determine whetehr that asset will be considered to be marital or non-marital by the court. 

Experienced Property Division Attorneys

Our divorce lawyers have extensive experience in these complex marital property division issues, and we will fight to ensure you receive your share.We are also skilled at analyzing all asset issues (such as those involving closely held businesses, professional practices, corporations, investments, savings and financial accounts, pension and retirement funds, deferred compensation accounts, marital homes, real property, automobiles, boats, art work, jewelry, other personal property, and all other assets) and negotiating creative agreements, such as tradeoffs allowing one spouse to keep a particular asset when that is warranted. 

Protect Your Property Division Rights

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while seeking to avoid expensive litigation.   Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Custodia de Niño & Materias Parenting

espanol - Nothing Is More Important

Florida Child Custody Lawyers Who Will Fight For You

At Orshan & Fajardo, we understand that the best interests of your children is the uppermost concern. Our child custody attorneys offer aggressive representation in pursuit of your goals, striving for the best outcome with the least impact on your kids.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

About Child Custody

Florida law addresses two types of child custody:

• Physical custody: The right of a parent to have the child live with him or her
• Legal custody: The right to make decisions about a child's upbringing

There is a presumption that some form of joint custody is in the best interests of the child, lacking evidence that shared custody would be dangerous to the child, such as in cases of abuse. However, shared custody does not necessarily mean a 50/50 split in parenting time and decision-making. One parent could get 90 percent of the physical custody, and the other parent visitation for the remainder.

Aggressive Protection of Your Interests

As your attorneys, we will fight to make the case that you are better suited to be the primary parent, or if this is not possible, we will advocate to maximize your visitation time. In all child custody cases, we build a compelling argument on your behalf based on research of each party's financial positions, home life and family structures, the child's report cards, and other relevant factors. If custody is disputed, an Order to Show Cause (OSC) hearing is held to determine temporary custody, child support, and spousal support. Our child custody attorneys will prepare you for the court-mandated mediation that precedes the OSC hearing. We believe it is in everyone's best interests to come to an agreement without resorting to custody litigation. However, if you are adamant or the other party unyielding, we will vigorously defend your interests in a custody trial, where a judge will make a final determination.

Child Visitation Rights

The parent who is not awarded physical custody is entitled to visitation, subject to terms set by the court. Our attorneys will work diligently to earn you the greatest amount of visitation time with the least restrictions as possible. There are three types of visitation:

1. Reasonable Visitation: Times and places are negotiated by the parents

2. Fixed Visitation: The court orders times and places for child visitation

3. Supervised Visitation: An adult supervisor must be present during visitation

Grandparent visitation rights can be difficult to secure under Florida law. The court will consider several factors, including whether you had on-going relationship with the child and if it is in the child's best interests to maintain regular contact. Contact our family law attorney to discuss your options for grandparent visitation rights.

Modifying Child Custody

After divorce, circumstances and the needs of the child may change. We will vigorously press your case in a modification hearing:

1. You desire more equal parenting time 2. An older child expresses a wish to live with you

3. You want sole custody because the other parent's behavior is a danger to your child's well-being (e.g., drug use, abusive boyfriend or girlfriend, dropping school grades)

4. You wish to relocate out of Florida with your child

5. You are challenging the custodial parent's relocation petition

Manutención del Menor & Materias que Implican Costos de niños

espanol - Determination - Modification - Enforcement

At Orshan & Fajardo, our role is to make sure your children are provided for and that you are treated fairly in the child support process. Based in Coral Gables, Florida, Florida, we represent both custodial parents and non-custodial parents involved in child support disputes. We invite you to contact our office today to schedule an appointment for a consultation.

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220

Initial Determination of Child Support

Child support is a regular payment from one parent to the other after a divorce or separation. It provides for the daily expenses of raising a child, and may include child care, educational expenses, health insurance, medical and medically related expenses that are not covered by insurance, tutoring, extra-curricular activity expenses and other child related expenses that may be unique to a particular family or child. Child support is determined as part of a divorce settlement, or in cases involving children out of wedlock, paternity must be established before child support can be imposed.  The court awards support on a case-by-case basis, in accordance with Florida child support guidelines and considering several factors:

1. Incomes of the parents.
2. The financial resources of the parents if there is insufficient recurring income.
3. Needs of the children (including, for example, special medical or educational needs).
4. The amount of time that a child or children resides with each parent. 
5. The traditional and customary expenditures on behalf of the child during the intact marriage.

Our child support attorneys can initially provide an approximation of expected payments, and bring any reasons for deviating from the state guidelines to the court's attention.  After specific financial information is obtained from both you and the child's other parent, we will more precisely calculate the amount of child support and related payments in your case.

Modification of Child Support

If, after child support has been established, that support can be modified (either increased or decreased) if there has been a substantial change of circumstances from the date of the initial child support award to the date that the request for modification is filed.  A substantial change of circumstances has been defined as one that is significant, material, involuntary and permanent.  Each word of the definition has been interpreted by case law and requires analysis to determine whether modification is available in each particular case.  Some substantial changes in circumstances occur when a parent experiences a raise or promotion, or a decrease in earnings or unemployment and may include the payor parent earning greater or lesser income than at the time the child support was first established; the recepiant parent earning greater or lesser income than at the time the child support was first established; and the changing financial, medical, educational, psychological or other needs of the children. Our lawyers will assist you in determining whether modification of child support is appropriate in your case and help you make your case before the family court judge.

Child Support Enforcement

If the other parent is not meeting child support obligations by failing to timely pay child support or any court ordered child related expenses, contact the Law Offices of Orshan & Fajardo for help in compelling the noncompliant parent to fulfill their court-ordered duties. Florida child support laws provide several remedies, including contempt of court proceedings that may include punishment for noncompliance, incarceration, sanctions, interest on outstanding funds owed, attorney's fees and costs, wage garnishment, income deduction orders, payment by direct deposit and other remedies to collect unpaid child support.

Protect Your Child Support Rights

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while seeking to avoid expensive litigation.  Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Materias de la Modificación del Poste-Juicio

espanol - Modification and Enforcement of Judgments anvbnd Orders

Child custody, child support, visitation and spousal support arrangements are usually agreed upon at the time of divorce. At that time, many people are able to fight successfully to maximize their rights. Others, lacking time, resources or assistance, may agree to arrangements that do not serve their interests or the interests of their child very effectively Regardless of the circumstances of your original agreements, you have the right to request a modification of your arrangements if they no longer serve you or the best interests of your child. There are many situations that can lead to the need for the modification of support and time arrangements. Several common reasons are:

• A change in the income or financial circumstances of either the payer or receiver of support payments.
• A change in the financial needs of the child.
• Deceit. Perhaps the payer failed to disclose assets, misrepresented their value, or perhaps the receiver underreported real or anticipated income.
• Drug or alcohol abuse, which can lead to the withdrawal of custody and visitation rights, or supervised visitation.
• Ineffective legal representation at the time of your divorce.
• Relocation, employment changes, remarriage, parental illness or a child's special needs.

If your level of rights is low due to child endangerment, criminal activity or substance abuse, we can help you follow family court procedures to regain your rights. If you feel like the amount of support you pay or receive should be changed, we can gather information and present your case in hearings and in court. We can also file a motion to set a judgment aside if, for instance, an error was made or mental incompetence was a factor during previous proceedings. The state of Florida is generous in setting judgments aside if good cause is demonstrated. In addition, we can:

• Enforce property division judgments, including the forced refinancing or sale of a house
• Handle cases involving wage garnishment, wage assignment and payment seizures
• Handle cases involving non-cooperating spouses
• Pursue the payment of child and spousal support payments that are in arrears. Unpaid arrears increase at an interest rate of 10 percent annually and have no statute of limitations/deadlines. Also, the law requires the person in arrears to pay attorney's fees. We help people both in pursuing arrears payments and defending against unfair arrears allegations.

Protect Your Rights !

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while keeping the process going and avoiding expensive litigation.

Preparando & Analizando Acuerdos Pre-Nuptial

espanol - Coral Gables, Florida Premarital Agreement Lawyers

Protecting Your Rights in Marital Property Agreements

If you are considering signing a prenuptial agreement, it is critical you know your rights and understand the ramifications of what you are signing. It is also important to act quickly if the marriage date is approaching. The experienced divorce and family law attorneys of Orshan & Fajardo can help you protect your financial interests before you get married.

Free 30 minute in office consultation by appointment   305.858.0220

Contact our Coral Gables, Florida office today for a Free 30 minute in office consultation by appointment consultation. We represent men and women in the Dade, Broward, Palm Beach, and St. Lucie counties. Some attorneys charge by the hour for a "prenup." We draft or review yours for a flat, one-time fee.

Prenuptial Agreements - What You Need to Know

A prenuptial agreement, also called a premarital agreement, makes sense in many situations. Under the right circumstances, it sets clear expectations for the two people as they enter marriage and protects both in the event of a divorce. However, a lop-sided or hastily drafted agreement can work against you or lead to litigation down the road.

Properly crafted, the prenuptial agreement declares which assets belong to the individuals (separate property) and which assets will be considered community property after you wed. If you bring your own home, business, or inheritance to the marriage, these assets are protected in the event the marriage doesn't work out. Many people entering a second marriage sign premarital agreements to protect their own assets as well as the inheritance rights of children from a first marriage.

Our attorneys can negotiate and draft your agreement or review and revise your current agreement. If we draft the agreement for you, the first thing we will do is compile a list of your assets. Next, we will discuss your goals for the agreement. Lastly, we will draft a prenuptial agreement that expresses your goals and present it to your future spouse for review. Florida statute requires a 7-day waiting period before you and your future spouse can sign the agreement. We strongly encourage you to have your signature notarized to prevent a fraudulent suitor from "pulling a fast one."

Don't Wait Too Long! Because of the mandatory waiting period and bureaucratic tangles, you should start the process at least three weeks before the wedding date. This gives you and your attorney the opportunity to properly safeguard your interests.

Paternidad

espanol - Seeking to Establish Parental Rights?

Our family law attorneys represent mothers and fathers who wish to determine parentage of a child. We are committed to protecting your rights and privacy in a sometimes frustrating process.

Need a DNA test? Trying to collect child support? Call 305.858.0220

The Law Offices of Orshan & Fajardo represents clients in Coral Gables, Florida-Dade Broward, Palm Beach, and Martin Counties, and throughout Florida. Contact our office today for a free 30 minute in office consultation by appointment consultation regarding your rights and options.

Mothers Seeking Child Support or Fighting Visitation

In most cases, it is not necessary to hire a lawyer to establish child support. Child Support Services (CSS) can order support, compel DNA tests, and pursue action against a father who refuses to pay. If you are concerned that the father would be an abusive or negative influence in your child's life, our family law attorneys can represent you in family court custody proceedings to argue against visitation, or in the alternative, for supervised visits only.

Fathers Establishing Paternity and Challenging Paternity Actions

Our lawyers can help men establish paternity of a child and assert their rights and responsibilities as a father. Our representation includes:

1. Arranging DNA paternity testing to prove you are the biological father;

2. Petitioning for an Order to Show Cause hearing in family court to request shared custody or visitation rights;

3. Negotiating the amount of child support.

We also represent fathers who have been served with a child support order from CSS. If you dispute whether you are the father, we can arrange a genetic test (or a second test). If testing comes back positive, we can negotiate with CSS on your behalf to decrease any child support arrears. Our paternity lawyers have successfully reduced obligations by many thousands of dollars for clients.

Your case is kept in strictest confidence.

Órdenes de Detención de la Violencia en el Hogar

espanol - Temporary Restraining Order (TRO) and Permanent Restraining Order Hearings

If you have been the victim of domestic assault, or fear for the safety of yourself or children, Orshan & Fajardo provides compassionate support and the urgent legal representation you need.

Free 30 minute in office consultation by appointment 305.858.0220

Temporary Restraining Orders

If you or your child has been physically abused or threatened with domestic violence, our attorneys can help file for a temporary restraining order (TRO). The order is granted by a judge, often ex parte (without a formal hearing), within 24 hours of the request. Typically, the order requires the alleged abuser to move out of the home, and to have no contact with the spouse or partner. It can place additional restrictions on joint bank accounts and other assets. The TRO is usually valid for 21 days.

Permanent Restraining Orders

About two weeks after a TRO is granted, a hearing is held to determine whether to continue the restraining order. A permanent domestic violence protection order may be granted for several months to several years. The order may bar all communication and contact, or it may provide for supervised visitation with children.

While TROs are granted almost automatically, judges are more cautious in granting a permanent restraining order. Such an order has enormous ramifications for custody, visitation, and divorce proceedings, and the court will require proof that abuse has occurred or that threats were real.

Do not go into one of these hearings without experienced counsel to represent you. In support of your request for a permanent restraining order, our skilled attorneys will prepare and submit briefs and other documents to the court on your behalf. You are not required to confront the abuser in person at the hearing. The judge may grant the order as requested, modify it, or deny it.

Contact our Coral Gables, Florida office at 305.858.0220 for experienced, compassionate, and discreet representation. We offer a free 30 minute in office consultation by appointment. We will explain the process, discuss your options, and estimate your costs.

Socio/ediciones de familia del mismo sexo

espanol - Experienced Domestic Partnership Attorneys

At Orshan & Fajardo, we provide legal representation to same sex couples throughout Florida.  Unlike traditional married couples, same sex couples are required to take legal action to enjoy the full rights and protections of Florida law.  Florida does not recognize common law marriage, so if you live with your same sex partner you must take legal action to receive full protection under the law. Taking these steps may also benefit your relationship with your same sex partner by clearly spelling out your commitment to each other.

An experienced lawyer from our firm can help you and your partner with a number of legal issues, including:

• Registration of Domestic Partnership
• Termination of Domestic Partnership
• Dissolution of Domestic Partnership
• Nullity of Domestic Partnership
• Legal Separation of Domestic Partners
• Estate Planning for Domestic Partners
• Cohabitation Agreements
• Domestic Partner Adoption
• Custody & Visitation
• Marvin Actions
• Same Sex Domestic Violence

Representing Gay and Lesbian Couples throughout Florida

Our family lawyers have experience handling a variety of legal issues faced specifically by gay and lesbian couples, including domestic partnership, and will work hard to get you and your partner the results you seek.  Domestic partner registration is a fairly recent development which allows for same sex couples to enjoy many of the same benefits as married couples.  Due to the fact that same sex marriages are not recognized by most states within the U.S., including Florida, there is no method by which to measure the relationship between gay and lesbian couples or the families they create.  Domestic partnership is a way for a same sex couple to declare their relationship with the purpose of obtaining certain benefits that heterosexual couples enjoy.

Same sex advocacy is something our attorneys feel very strongly about, and a lawyer from our firm will handle your case in a sensitive and effective manner to achieve optimal results for your specific situation.  With a skilled domestic partnership attorney representing you, you will have exceptional legal guidance and support until the matter is resolved.

La Derecha del Padre

espanol - Florida Family Lawyers Protecting the Rights of Fathers

The courts have come a long way in recognizing that when both parents are committed to the best interests and welfare of their children, the law will treat mothers and fathers equally when deciding matters of family law. The law provides that in most circumstances, both parents deserve to see their children, retain a fair portion of assets, and enjoy reasonable and fair custody and visitation rights.

Additionally, the courts now recognize that children are best served by having both parents provide regular, hands-on parenting, and by having both parents involved in making key decisions regarding children's medical care, education and other important matters.

Nonetheless, the issue of fathers' rights remains at the forefront of family law, and fathers remain concerned that they will be at a disadvantage when courts make crucial decisions regarding their post marriage rights. If you have questions regarding fathers' rights or seek legal representation to protect your rights as a father, we can help.

Experienced Coral Gables, Florida Fathers' Rights Lawyer.

Fathers and men going through the divorce process are often concerned about their rights regarding:

• The establishment of child custody and visitation rights that are fair and reasonable and reflect the father's wishes;
• The arrangement of reasonable, non-excessive child support and spousal support payments; and,
• The protection of assets.
 

Call us today to schedule an appointment to discuss your legal rights. 305.858.0220.

Make sure you receive what you are entitled to under the law. Consult an experienced divorce attorney who can safeguard your interests while seeking to avoid expensive litigation.   Note About The Law:  The information about legal terms and concepts that is provided throughout this website is only meant to provide the reader with a general and cursory explanation of those terms and concepts.  The information is not exhaustive as there are innumerable additional legal issues and approaches that would likely be applicable to a particular case or fact situation.  Every case is different and should be analyzed by an attorney knowledgable and experienced in Family Law matters. Call us to schedule an appointment to review your situation and to place you in a position to achieve the best possible results if you are faced with the unfortunate prospect of a divorce or other marital or family law concern.

Ley de Colaboración

espanol - What is Collaborative Law?

Collaborative law is a less adversarial prelitigation process that involves the two spouses and their attorneys working together to try to negotiate and resolve divorce issues in an environment that seeks to encourage civility and respect from all participants.  The Collaborative Law process is an alternative to litigation and mediation that employs less adversarial techniques to achieve a resolution of issues.

Four Way Negotiations (4way)

You and your spouse each hire your own collaborative lawyer (and interdisciplinary teams) and execute an agreement that memorializes the participants' agreement to stay out of court, act in good faith throughout the process, and voluntarily disclose all financial and other relevant information. You conduct settlement negotiations with your attorneys and other experts by your sides -- usually during four-way meetings in which the lawyers act as advisors to the clients instead of taking charge of the process. If you can't reach a resolution of your case, then your attorneys must both withdraw, and neither your lawyers nor any member of their firms may represent you in divorce litigation. The attorneys will then assist their respective clients in transitioning to litigation counsel.  This approach is meant to encourage all participants to commit to reaching a reasonable settlement.

 

Interdisciplinary Teams

In addition to the atttorneys who represent their respective clients, the collaborative approach may use interdisciplinary teams working together to help the family through the divorce process.  Team members may include coaches for each spouse; financial specialists such as forensic accountants, valuation experts and real estate appraisers; and child specialists such as child psychologists and other mental health professionals.

Advantages of Collaborative Law

The advantages of collaborative law may include:

1. It may limit emotional damage to client's and their children that can occur through an adversarial litigation process. The process seeks to avoid hostilities and anger that occurs when litigants are locked in combat over child related and financial issues;
2. You might shorten a process that could otherwise last a longer period of time, depending on the parties' desires to expeditiously resolve their issues; 
3. There may be financial savings; in collaborative law, if a settlement is reached, the cost to complete the process is usually less expensive than the cost to engage in traditional adversarial litigation.

Ultimately, the collaborative method works if both you and your spouse can work together to achieve a resolution of your case.  Instead of creating bitterness, it aims to create a renewed respect for -- or a better understanding of -- your ex-spouse and a general feeling that the agreement was a job well done. The collaborative approach seeks to achieve a fair, prompt, efficient and positive settlement that works for both parties.

Most negotiations end in agreement because of the determination of all participants -- including the lawyers -- to reach that goal. If you fail to achieve an agreement, the more traditional litigation process will then be pursued. 

Recursos del Derecho de Familia

espanol - Coral Gables, Florida Family Law Attorneys

Serving Dade, Broward, Palm Beach, and St. Lucie counties and all of Florida

1. State of Florida
2. Miami-Dade County Circuit Courts
3. Miami-Dade County
4. Broward County
5. Fourth District Court of Appeals
6. FL Attorney General
7. Florida Bar

Recepción

Orshan & Fajardo is committed to protecting the financial interests and legal rights of clients who are experiencing family law issues in Florida. We understand just how devastating, difficult and stressful this time can be for anyone, and as professional Florida family law attorneys, we hope that by providing each one of our clients with personal attention and dedication, we can resolve any issue in a fair and timely manner.

Please contact a knowledgeable Florida divorce attorney at Orshan & Fajardo today if you are facing any type of family law issue, including:

• Dissolution of Marriage/Divorce
• Alimony and Spousal Support
• Equitable Distribution of Property and Assets
• Child Custody and Parenting Matters
• Child Support and Matters Involving Children's Expenses
• Preparing and Analyzing Pre-Nuptial Agreements
• Post-Judgment Modification Matters
• Paternity
• Domestic Violence
• Partner/Same-Sex Family Issues

Serious Lawyer Protecting Your Family’s Future

At Orshan & Fajardo we will aggressively fight on a client’s behalf in an effort to obtain a positive outcome. Whether we need to negotiate with opposing parties or provide litigation in a family court of law, we are determined to achieve the best possible outcome.  Please contact a professional Florida divorce lawyer at our firm immediately to schedule a free initial consultation to begin the steps towards protecting your family’s future. During the consultation, we can review the facts and issues that surround your family’s case to let you know what the next legal step should be to pursue a favorable outcome. We are an outstanding Florida Divorce and Child Custody Lawyer experienced with family law issues throughout Florida, including the cities of Miami and Coral Gables.

Descripción Firme

espanol - Florida Family Law Attorneys

The Law Office of Orshan & Fajardo provides a wide range of family law services to the residents of Florida. Our firm has helped has helped hundreds of clients achieve their divorce and family law goals. Our practice areas include:

Divorce. We work with Florida residents, out-of-state clients with children or a spouse in Florida.

Child Support. We can work to calculate accurate income figures and other factors that determine child support amounts, to ensure you pay a fair child support amount or receive support payments that enable you to fully provide for your child.

Spousal Support. We work both with people who are concerned about paying too much support and people fighting to receive the full payment award they need and deserve.

Child Custody and Visitation. We can prepare you for state-mandated mediation, and help you pursue your custody and visitation goals.

Paternity Suits. We work with married couples, domestic partners and people who share a minimal history.

Division of Marital Property, including disputes involving retirement accounts, royalties, military pensions, homes, family businesses, premarital property, inheritances, and hidden and undisclosed assets

Modifications and Enforcements, including modifications resulting from a change in income, a change in the financial needs of the child, undisclosed assets, drug or alcohol abuse, and ineffective legal representation at the time of the initial judgment

Domestic Violence and Abuse, including both stopping violence and defending against unfair and inaccurate allegations of violence

Fathers' Rights, including issues relating to visitation, child custody, child support, spousal support and the protection of assets  

Prenuptial Agreements, protect your assets from the beginning, and save the possibly of a lengthy expensive process afterwards.

Annulment,

Domestic Partnerships,

Relocation and Move-Aways,

The Florida Family Law attorneys at Orshan & Fajardo are committed to working aggressively to achieve your family law goals at every step of the legal process. We have helped hundreds of clients identify, pursue and win their full range of family law rights.

Perfiles del Abogado

espanol - Hire a proven Florida Family Law Firm who will compassionately and aggressively pursue your legal rights

With almost fifty years of combined experience, the attorneys at Orshan & Fajardo have represented clients dealing with high net worth and complex asset and financial matters, significant and disputed child custody determinations, as well as lesser complicated marital and family law disputes. Although the firm's experience includes representation of high net worth individuals, prominent professionals, businessmen, doctors, lawyers, accountants and professional athletes, we also represent salaried employees, homemakers and all individuals who require attentive and knowledgable legal services. The firm’s approach to the practice of family law is based upon a goal-oriented process, which includes the following:

        
• Meeting with you to develop an understanding of your legal goals;
        
• Analyzing the available alternatives and development of a strategy to help you achieve your goals; 
        
• Assisting you through the legal process by avoiding unnecessary litigation and seeking to mediate your issues as promptly as possible;
        
• Securing for you the best resolution available whether it be through settlement or litigation.
        
• Engaging in ongoing problem solving and searching for practical, logical solutions to your issues.

The law office of Orshan & Fajardo is comprised of dedicated lawyers and staff who will treat you with courtesy and respect. Orshan & Fajardo is a well known, well respected team practicing with integrity. We take pride in being more than just a business; we are in this profession because it allows us to help people, children and families. We are passionate about the field of family law. We strive to provide respectful representation at all times whether the firm's attorneys and staff are dealing with your spouse, opposing counsel or a judge. We know that impressions and presentation count.

The firm values and appreciates its clients' trust and confidence.  We endeavor to work expeditiously and efficiently to resolve your legal matters to your full satisfaction.  At Orshan & Fajardo, we strive to resolve cases in a non-adversarial, prompt and honorable manner; however, the attorneys are always prepared to advocate effectively and aggressively throughout the legal process and at trial for the protection of your financial and parental rights.  We understand that our clients are experiencing a time in their lives that requires sensitivity and caring and that requires us to be available and communicate with you throughout the process.  Our firm is dedicated to providing these services with the goal of easing the burden imposed by the sometimes necessary litigation of personal and financial matters.

The attorneys at Orshan & Fajardo are also sensitive, discreet and non-judgmental when it comes to the numerous issues or causes surrounding a divorce. We have office procedures and polices in place to help protect client confidentiality. Where children are involved, Orshan & Fajardo also pledges to address your child-related with the utmost importance, regardless of which parent brings the case to court, and to practice with your children's best interests in mind at all times. Your divorce is more than simply a matter of dividing assets-it is a critical decision with a tremendous impact on your life, as well as those around you.

We understand that Family law courts, like other courts, do not "automatically" award the fairest and most optimal decisions to parties going through the family law legal process. Instead, family law courts offer the opportunity for fairness and maximum rights by responding to the information and persuasion provided by the participants.

If you face a pending divorce or face family law issues such as timesharing rights, child custody, division of property, or child or spousal support, an experienced family law attorney can work as your advocate in the family law courts, and fight for your maximum family law rights. For example:

• Courts enjoy much discretion when using and interpreting state guidelines to determine fair child support and in determining alimony and spousal support payments. Should seasonal income be included in your spouse's total income? Do you or your spouse receive stock options as part of income? Should a retirement account be included as income?
• The division of marital property can rapidly become complex. Are you or your spouse entitled to remain in the marital home after a divorce? Who owns the retirement accounts? Is your spouse hiding assets?
• The family law courts rely on you to provide information on which to base a fair child custody decision. Who has acted as the child's primary caretaker? Are both parents' psychological profiles sound? Who has made important education and medical decisions for the child in the past?

The Florida Family Law attorneys at Orshan & Fajardo< are committed to answering these questions and the particular questions that are applicable to your case.  We will work aggressively to achieve your family law goals at every step of the legal process. We have helped thousands of clients identify, pursue and win their full range of family law rights.

The family law attorneys of Orshan & Fajardo have been an active part of the Southern Florida legal community for many years. This firm has and can compete head to head with the nation's best legal advocates. The firm has drawn upon its years of business longevity and experience. It has kept pace with contemporary work force technology. Orshan & Fajardo's state-of-the art computer network, on-line legal research databases, voice over internet protocol phone system, high speed internet access, and voice activated transcription systems all translate into efficiency and cost savings for you. The attorneys are connected to the office through internet networks, so they are able to respond to clients needs outside of office hours and on weekends when necessary. Orshan & Fajardo also works with an extensive network of experts through out Florida in the fields of forensic divorce accounting, financial sector planning, fund management, investment banking, corporate law, divorce tax planning, real estate and business valuation appraisers, retirement-pension plan specialists, psychologists and child custody evaluators.

Orshan & Fajardo understands that when you are faced with the need to seek legal advice from a family law attorney, your goal is to achieve a prompt and reasonable conclusion of all of the issues surrounding a dissolution of marriage or other family law issue.  Our firm is committed to providing the highest and most impeccable service to its clients so that their goals will be achieved.

Abogado Familia Orshan

Abogado Familia Fajardo

Abogado Familia Davis

Abogado Familia Samek

Testimonios de Clientes

Comentarios del Solo Algunos de Nuestros Clientes

In English

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Acceso

La información sobre este Web site de los abogados del derecho de familia de la Florida está para los propósitos de la información de carácter general solamente. Nada en este o las páginas asociadas, documentos, comenta, las respuestas, email, u otras comunicaciones se deben tomar como asesoramiento jurídico para cualquier caso o situación individual. Esta información sobre este Web site no se piensa para crear, y pone el recibo o la visión de esta información no constituye, una relación del abogado-cliente.