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Top Palm Beach Gardens Divorce Attorney
At Elaine M. Simon, Marital and Family Law Attorneys, we are dedicated to your needs to help you strategically build your case. We help our clients complete the divorce process in a way that saves them as much time and money as possible. A divorce is one of the most challenging times an individual can experience. While some couples prefer or are unable to resolve their matter amicably and have to have prolonged litigation, some may be able to have an expeditious and amicable divorce that addresses their short and long-term goals. Regardless of the path, you will have very specific concerns. Each family deserves a level of attention that is as unique as their family dynamic. This can vary depending on the length of marriage, were children involved and the complexities with the valuation and distribution of the assets and liability and what the parties seek to gain in the divorce process. In all cases, Elaine M. Simon, Marital and Family Law Attorneys tailor our services to our clients’ specific needs, your future and for those you love if children are involved.
Divorce Laws in Florida
Florida is a no-fault state, meaning there is no need to allege or prove that your spouse engaged in improper behavior in order to secure a divorce. Many aspects of the marriage are examined before the equitable distribution is determined and both spouses are awarded the amounts that the court deems fair.
The factors that influence the court’s equitable distribution decision are:
- Duration of marriage
- Marital misconduct
- Intentional dissipation of marital assets
- Each spouse’s contribution to the marriage
- Both spouse’s job and income
Importance of a Palm Beach Gardens Divorce Attorney
The decisions made during divorce proceedings are likely to have long-lasting effects on. This can range from determining how your property will be divided to creating a timesharing schedule and child support, or alimony awards. Elaine M. Simon, Marital & Family Law Attorneys has a comprehensive understanding of the relevant laws and statutes.
Positively impact your own future and call (561) 472-0087.
Elaine M. Simon, Marital and Family Law Attorneys have extensive experience handling cases involving complex property division issues. Division issues can be complex when the value of the assets is high or when the case involves the ownership of businesses. When necessary, we can call upon forensic accountants, forensic psychologist, financial analysts, business valuation specialists and others who can provide testimony in support of our client’s case. Our firm will work to protect your assets and your rights at all stages of the process. Our goal will be to put you in the strongest financial position possible at the time of your divorce.
Complex financial cases include but are not limited to:
· Business assets, including closely held businesses, corporations, partnerships, and proprietorship
· Executive compensations plans
· Boats, exotic cars, recreational vehicles
· Hidden assets and homes
· Valuable collections
· Dissipation of assets and protection of assets
· Retirement accounts, including pensions, 401(k)s and IRAs
· Second homes and investment properties
· Investment accounts and mutual funds
· Stock, stock options and bonds
· Bonuses and deferred compensation
· Trust funds, offshore accounts and other diverted income
To protect your assets and your rights, representation by an attorney knowledgeable in property division matters is essential. Elaine M. Simon, Marital and Family Law Attorneys have successfully represented clients throughout Palm Beach County in all types of property division disputes, including cases involving complex assets and large marital estates. Although we may make efforts to resolve your case amicably we prepare from the start to fully litigate your case. We will work to protect your rights and assets and to achieve the best possible settlement for you.
At Elaine M. Simon, Marital and Family Law Attorneys we are focused on family law matters. We are highly knowledgeable and unapologetically tenacious, we are well versed in dealing with complex financial and emotional issues and work collaboratively with accountants, psychologist, therapists, private investigators and other experts to provide the best possible outcome in each individual case. Our experienced attorneys use skill, strategy, technology and compassion to work closely with each client and most effective route to achieving our clients goals.
To schedule a confidential consultation with the Palm Beach County attorney, call Elaine M. Simon, Marital and Family Law Attorneys at (561) 472-0087.
Same-Sex Marriage and Divorce
Is Same-Sex Marriage Legal in Florida?
The issues in family cases, whether same-sex or heterosexual, are the same. The legal and social history of same-sex marriages has been tumultuous and hotly debated. In June 2015, the U.S. Supreme Court in Obergefell v. Hodges, ruled that same sex couples had the right to marry pursuant to the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, and requires all states to issue marriage licenses to same sex-couples and recognize same-sex marriages of other jurisdictions. Thus, same-sex marriage became legal in the State of Florida and across the United States.
Is Same-Sex Divorce Legal in Florida?
Chapter 61 of Florida Statues(Dissolution of Marriage) and others related thereto, apply to same-sex marriages as well. In being granted the right to marry, same-sex couples are also granted the right to divorce. As same-sex marriage become legal in Florida recently.
There are, however, two notable Florida cases which discuss same-sex divorce prior to the Supreme Court’s decision. In the first case, Judge Dale Cohen of Broward County granted the state’s first same-sex divorce in December 2014. The petitioner in the matter entered a civil union in Vermont and was granted a divorce in Florida.
Also, in April 2015, the Second District Court of Appeal overturned a Lee County judge’s dismissal, and the Attorney General’s argument to uphold such dismissal of a petition for dissolution of marriage filed by a partner of a same-sex couple married in Massachusetts. Florida Statutes § 741.212, or the Florida Defense of Marriage Act, previously prevented recognition of out-of-state same-sex marriages and thereby served as a ban on same-sex divorces in Florida. The Second District Court of Appeal did not strike down this statute expressly, but rather precluded its application to out of state legal same-sex marriages. The Second District Court of Appeal found that Florida Statutes § 741.212, in refusing the divorce proceedings, would not further any legitimate public policy presented so as to preclude divorce proceeding in Florida.
If you are seeking a same-sex divorce, we can certainly assist. To schedule a confidential consultation with the Palm Beach County attorney, call Elaine M. Simon, Marital and Family Law Attorney at (561) 472-0087.
Collaborative Divorce Law
In 2017, the Supreme Court of Florida amended the Rules Regulating the Florida Bar and the Florida Family Law Rules of Procedure to include provisions pertaining to the collaborative divorce process as the new standard. When people think of divorce, they may become overwhelmed with stress, upset and dread the lawyers who will drag things out and create hostility between you as a couple. The fact is that there are many lawyers out there who make these fears and stereotypes a reality, but there are also lawyers who pride themselves in making the process of a divorce as painless and work with care for their clients.
At Elaine M. Simon, Marital and Family Law Attorneys, are trained in “Collaborative Divorce.” We help couples work together to come to a resolution in a positive and results oriented way. Individuals can agree to all details, come to a resolution, and never step foot in a courtroom prior to any filings with the court. Some courts even make it mandatory that divorcing parties seek mediation or collaborative divorce before litigating in court.
When each party meets with their respective attorneys, the parties should indicate whether they wish to resolve their issues through a collaborative divorce. Because collaborative divorce is a voluntary process, a collaborative divorce can work only if both parties are agreeable and desirous of entering a collaborative divorce.
If you are seeking a collaborative divorce, we can certainly assist. To schedule a confidential consultation with the Palm Beach County attorney, call Elaine M. Simon, Marital and Family Law Attorney at (561) 472-0087.