Daytona Beach Family Law Attorneys
Experienced Family Lawyers Serving Volusia County, FL
The road before you when you begin a divorce or family law dispute may seem uncertain. Smooth out the path and explore the possibilities by teaming up with Buckmaster & Ellzey and our family lawyers in Daytona Beach. With over 40 years of collective legal experience, our attorneys utilize comprehensive knowledge to confidently advance your case while upholding your best interests every step of the way. We recognize the emotional strain involved in family law matters and aim to provide clarity and peace of mind during this challenging time.
Family Law Solution for Your Needs
On the surface, every family law situation may look difficult and volatile, especially if you are not familiar with Florida’s legal statutes surrounding it. Thanks to our extensive experience and legal understanding, our team at Buckmaster & Ellzey can address any complication and concern that arises. We offer personalized consultations tailored to suit the unique circumstances of each client, ensuring our family lawyers in Daytona Beach provide strategic guidance. Let our skills be your guide and advantage, offering clear insights and informed options that empower you to make the best decisions for your family’s future.
We can handle a wide variety of family law matters, such as:
- Adoption: Growing your family through adoption is a noble cause, but it is not without legal complications. Let us be your guides throughout the adoption process, offering compassionate support and detailed knowledge to handle both domestic and international adoption cases.
- Alimony: We can help you determine a fair amount of alimony, either as the spouse paying the monthly amount or receiving it. Our family attorneys in Daytona Beach understand the intricacies of alimony calculations and work to ensure financial stability tailored to individual needs.
- Child Custody: Protecting your child’s best interests usually begins with establishing a child custody agreement that works best for everyone. Our Daytona Beach child custody attorneys prioritize your child’s well-being and your own, focusing on creating a nurturing environment across co-parenting arrangements.
- Domestic Violence: You can depend on our legal team for steadfast and compassionate representation in a domestic violence situation. We represent both people who have been abused by a family member and people who have been falsely accused of domestic violence, approaching each situation with sensitivity and diligence.
- Mediation: Many family law disputes, including divorces, can be concluded without relying on a courtroom. Talk to us about mediation and how a cooperative approach can save everyone time and stress, facilitating amicable agreements and fostering effective communication between parties.
- Modifications: Not all court orders are final. When you need an order changed to alleviate undue hardship in your life, a modification may be possible if managed correctly. Our attorneys guide you through the request process, ensuring your needs are effectively communicated and represented.
- Prenuptial Agreements: Aspects of your divorce can be decided before you are even married thanks to prenuptial agreements. Identical precautions can be taken after marriage with the use of a postnuptial agreement too. We help you craft comprehensive agreements that protect your interests while respecting your relationship.
- Property Division: Who gets what in a divorce is a major question for most separating spouses. Our Daytona Beach family law attorneys are well-versed in property, asset, and debt division according to Florida’s equitable distribution rules, ensuring fair outcomes aligned with your future plans.
Understanding Florida's Family Law Statutes
Florida's family law statutes are intricate and can be confusing for those unfamiliar with their provisions. At Buckmaster & Ellzey, we help clients navigate these statutes, which govern areas such as child custody, parenting plans, and financial responsibilities. Our family law attorneys in Daytona Beach offer insights into how local laws might impact your situation and what steps can be taken to achieve favorable outcomes. Understanding the intricacies of these laws is crucial, particularly in the negotiation and planning stages of family law proceedings.
The nuances in Florida laws are significant; for example, the state’s focus on equitable distribution means that assets and liabilities are divided fairly, but not necessarily equally, during a divorce. Our family attorneys ensure that you understand your rights and obligations under these laws, which is crucial for making informed decisions. Through tailored legal strategies and thorough preparation, we help you address challenges effectively within the framework of Florida’s legal system.
Family Law FAQ
What Are the First Steps in Filing for Divorce in Florida?
The first step in filing for divorce in Daytona Beach or anywhere in Florida is to ensure that you or your spouse meet the residency requirement, which mandates living in the state for at least six months before filing. You will then file a petition for dissolution of marriage in the circuit court in your county. It's important to establish grounds for divorce, although Florida is a no-fault state, meaning that proving fault is unnecessary. Our attorneys can help guide you through these initial steps, preparing all necessary documentation and ensuring your filing complies with local legal standards.
How Is Child Support Calculated in Volusia County?
Child support in Volusia County, as in the rest of Florida, is calculated based on statutory guidelines that consider both parents' incomes, the number of overnight stays each parent has with the child, and additional factors such as healthcare and childcare costs. The goal is to ensure that the child's financial needs are met fairly by both parents. By assessing your financial situation alongside these guidelines, our family law lawyers provide clarity and assistance to help you understand potential child support outcomes.
Can Custody Orders Be Modified If Circumstances Change?
Yes, custody orders can be modified if there is a substantial change in circumstances that affects the welfare of the child. Such changes can include job relocation, significant changes in income, or concerns about a child's safety in their current environment. Our team assists in filing the appropriate petitions for modifications, supporting them with necessary evidence to highlight how the changes impact the child's best interests. Modifying custody arrangements requires demonstrating that the changes are aligned with the child’s needs, and we provide comprehensive assistance to navigate this process.
How Our Daytona Beach Family Lawyers Can Help
At Buckmaster & Ellzey, our team of skilled lawyers handles a wide range of family law matters with compassion and dedication. Whether you are facing a divorce, child custody dispute, adoption, or any other family-related legal issue, we are here to provide you with the comprehensive guidance and support you need.
Our Daytona Beach family law attorneys have years of experience representing clients in complex family law situations. We appreciate the emotional and financial challenges these matters often present and strive to provide personalized attention and crafted solutions to meet your unique needs. Understanding the intricacies of the law allows us to navigate these matters smoothly, always aiming to protect what matters most to you.
From negotiating settlements to representing you in court, we are dedicated to advocating for your best interests every step of the way. Contact us today to schedule a consultation and learn how we can help you navigate the legal complexities of family law, providing guidance every step of the way to ensure clarity and confidence in your decisions.
Are you ready to learn more about how our family lawyers in Daytona Beach can assist you through your divorce or related dispute? Call (888) 785-6548 or use an online contact form to connect with Buckmaster & Ellzey today.
Frequently Asked Questions
-
What Is the “Child’s Best Interests” Standard in a Child Custody Case?Child custody cases in Florida are determined by the best interests of the child. As a general rule, the courts hold that ongoing and frequent contact with each parent is a child’s best interest. However, this is not necessarily the case if a judge has reason to believe that contact with one or both of the parents could be to the child’s detriment. To determine the best interest of a child, the court considers several factors, including the health and safety of the child, the child’s emotional and developmental needs, the moral fitness of the parents, as well as the ability of the parents to communicate and co-parent. Having examined these factors, the court will make a decision about the type of custody arrangement and parenting plan that is best for the child.
-
What Are the Benefits of Divorce Mediation?Mediation is the process in which a neutral third-party helps couples negotiate the terms of their divorce. Settling divorce disputes through mediation offers several benefits, including: • Reduced costs • Faster results • Greater control • Less stress • Increased convenience • Confidentiality • Preservation of relationships To learn more about the mediation process and whether it is right for you, reach out to our mediators in Daytona Beach today.
-
What Can Enforcements and Injunctions Be Used For?In general, enforcements and injunctions are court orders that demand one party perform or refrain from a particular action. Within family law, injunctions, or restraining orders, are usually issued to protect spouses and children from an abusive spouse or parent. When one party fails to keep the obligations of a family court order, the other party may request an enforcement to ensure that the order is upheld. Enforcement proceedings are commonly used when one party fails to keep the terms of their: • Alimony agreements • Child support payments • Child custody arrangements • Property division settlements • Modification orders • Visitation agreements
-
What Is Domestic Violence?Domestic violence in Florida refers to a variety of abusive behaviors that result in the harm of another individual who is a family or household member. That includes current or former spouses, individuals related by marriage or by blood, those who have previously or are currently residing together, and parents who had a child together. Typical forms of domestic violence in Daytona Beach include: • Stalking • Kidnapping • Sexual assault • Assault • Battery
-
How Are Child Support and Alimony Calculated in Florida?If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
-
What Is the Difference Between Contested and Uncontested Divorce?There are two types of divorce in Daytona Beach: contested and uncontested divorce. An uncontested divorce is typically preferred because they can usually be completed with far less hassle and in far less time. However, to go through the uncontested divorce process, the couple must reach an agreement on all significant divorce-related issues. These issues include: • Property division • Debt allocation • Alimony • Child support • Child custody • Visitation When there is disagreement over one or more of these issues, the couple will need to go through the contested divorce process. In such cases, the couple will either need to hire a divorce mediator to help them through the negotiation process or have the family court decide for them.
Why Choose Buckmaster & Ellzey?
-
Client-Focused Representation
-
A Team of Compassionate Advocates on Your Side
-
Former State Prosecutor
-
40+ Years of Collective Experience
-
Dedicated Attorneys