Determined Florida Divorce Lawyer Advocates for You
Skilled family law firm asserts your rights in the St. Petersburg area
Divorce is an emotional and stressful event. If your marriage has come to an end, Erin M. O’Toole, Attorney, LLC. will look out for your best legal interests so you can concentrate on the well-being of your family. I help clients in the Tampa Bay area and throughout Florida to obtain fair agreements and orders for how their marital property will be divided and how their children will be cared for. My knowledge of Florida laws and practices enables me to provide advice on all aspects of divorce and to address any questions you may have.
Persistent Florida attorney fights for favorable support and property arrangements
As a divorce attorney at Erin M. O’Toole, Attorney, LLC., I am experienced at fighting for my clients’ rights in all aspects of divorce, including:
- Child custody and visitation — As of July 1, 2023, Florida adopted new legislation with regard to timesharing, there is now a rebuttable presumption that equal time sharing is in the child’s best interest. To overcome the presumption that a parent is entitled to equal (50-50%) time-sharing (182.5 overnights a year each), a party must prove that equal timesharing is not in the best interests of the minor child(ren) and is detrimental to the child(ren). Court orders determine where your child will live, how parenting time will be split and to what degree each parent gets to make decisions about their child’s life.
- Child support — The factors used to calculate child support payments, are based on each parent’s income, allowable deductibles and each child’s particular needs.
- Distribution of property — The division of your home and other assets often depends upon whether the property was owned prior to the marriage, whether the property was inherited by one spouse and how any marital property is titled. Even if the property was owned by one spouse prior to the marriage, the other spouse can be entitled to an increase in equity.
- Division of marital debts — Florida typically splits the marital debts with some exceptions dependent upon each individual case.
- Spousal support — Whether you seek spousal support, also known as alimony, the laws affecting alimony have recently changed. In June 2023, Florida passed an alimony reform bill, the legislation also determined how alimony will be awarded in Florida. It eliminated permanent alimony and replaced it with temporary alimony, bridge-the-gap alimony, rehabilitative alimony and durational alimony. The Legislature determined the length of marriage will determine the period of time that alimony may be awarded. This has become a complicated area that I will be able to guide you through.
With commitment and conviction, I present strong arguments in support of arrangements that serve your best interests and those of your children.
Accomplished family lawyer handles mediation and litigation
How your divorce plays out will depend on your unique circumstances. Most couples will first try to work things out in mediation rather than opting to let a judge decide the terms of their divorce. Mediation gives you and your spouse a structured forum to negotiate a divorce settlement, fosters cooperation between separating partners, and often lessens the stress and hostility that can come with litigation — while saving you time and money.
If going to court becomes necessary, having a strong litigator at your side is vital in protecting your rights. I zealously prepare for trial and fight for your rights at every stage. My assertive approach alleviates some of the uncertainty and stress of the arduous litigation process and can help you obtain the most favorable trial outcome.
