Family Law matters are often intensely personal, emotional, and difficult. Accordingly, the Family Law attorneys at Banks & Morris, P.A. practice more than law. We practice human relations. We understand sensitive situations, and your need to be comfortable and confident in working with us.

Mindful of both the potential financial and emotional costs of litigation, Banks & Morris, P.A. help clients avoid litigation whenever possible, and whenever it makes sense, by exploring creative solution to problems, including alternative dispute resolution. We successfully represent parties (including discreetly handling high profile individuals and families of significant means) in all aspects of family law throughout the State of Florida including divorce, custody, child support, domestic violence, modifications of alimony/custody/child support, enforcement of final judgments, contempt, visitation, settlement agreements, prenuptial agreements, postnuptial agreements, paternity actions, and dismissing corporations from dissolution of marriage actions. In all cases, we regard children’s best interest as paramount. We also emphasize preserving wealth, including utilizing premarital and post-marital estate planning.

We zealously and ethically represent the interests of clients, from the initial phone call, through settlement efforts and, if necessary, through trial and appeal. The confidential and sensitive nature of our practice precludes us from disclosing specific representative case information.

Prenuptial and Postnuptial Agreements

We prepare, review, and enforce confidential, highly workable prenuptial and postnuptial agreements under Florida law. We counsel parties on the most effective and non-confrontational ways to handle these agreements with their significant others.

Dissolution of Marriage

We litigate and mediate cost-effective, fair resolutions in dissolution of marriage cases. We work closely with top-notch forensic accountants in handling small properties, as well as complex, multi-million dollar estates. Our cases involve appraising real and personal property, valuating small to large business, and tracing marital and non-marital funds to determine equitable distribution and overall net worth. Whether representing husband or wife, our attorneys are experienced in litigating for, and defending against, all types of alimony.

Some marriage dissolutions include determinations of child custody, visitation, and support. Our Family Law attorneys understand that these matters can be highly contentious, and we are deeply concerned with every client’s emotional, as well as legal, well being. We will be there when you need us, in an emergency or just to provide a status report on your case. Moreover, we regularly work with the Guardian Ad Litem program. In fact, one of our attorneys acts in this capacity.

Although our Family Law attorneys are experienced litigators, we counsel clients on ways to avoid litigation through mediation, an avenue that can sometimes be more cost effective, financially as well as emotionally.

Enforcement/Contempt/Modifications

Our attorneys enforce all aspects of a party’s final judgment for dissolution of marriage. Sometimes, that involves holding the offending party in contempt of court.

We also have extensive experience modifying a party’s final judgment of dissolution. This usually involves modifying custody, visitation, child support, or alimony awards.

Domestic Violence

We obtain and also dissolve domestic violence injunctions. As in all areas of practice, we are readily accessible to handle these intense cases quickly and cost effectively.

Paternity Actions

Our attorneys have handled many high profile paternity matters, in utmost confidence. This may require executing confidentiality agreements with all parties, attorneys, physicians, and clinicians involved. As with any matter, we take pride in handling these cases compassionately and professionally.

Divorce Legal Terms

Alimony - Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance.

Alternative dispute resolution (ADR) - Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation.

Arrearage - The amount of money such as for child or spousal support that is past due.

Child support - Money that a non-custodial parent pays to the custodial parent on behalf of their child(ren), for their support.

Child support guidelines - Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.

Custody - Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.

Decree - The court's written order or decision finalizing the divorce, often issued in conjunction with the court's judgment.

Default - Failing to answer a petition or complaint for divorce. Failing to file an answer or appear in court as required can result in the court awarding to the spouse who filed for divorce everything requested in his or her divorce papers.

Defendant - The person against whom legal papers are filed, also sometimes referred to as the respondent.

Deposition - Part of the discovery or information-exchanging process of a legal proceeding in which the attorney for the other party asks you questions, you answer with your attorney present, and a transcript of the proceedings is prepared.

Discovery - The information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and depositions.

Dissolution - Another word for divorce, which is the legal termination of a marriage relationship.

Divorce - The legal termination of a marriage relationship.

Domestic violence - Physical abuse or threats of abuse occurring between members of the same household.

Equitable distribution - A division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.

Interrogatories - Written questions served by the opposing party that must be answered in writing as part of the discovery process.

Joint legal custody - The sharing of the right to make important decisions about a child's welfare by both parents.

Joint physical custody - The sharing of the actual physical care and custody of a child by both parents.

Legal custody - The right to make important decisions about the raising of your child, such as regarding health care, religious upbringing, education, etc.

Marital property - Generally, all property acquired during the marriage.

Mediation - A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.

Non-custodial parent - The parent who does not have physical custody of the child(ren).

Non-marital property - Generally, property owned by either spouse prior to marriage or acquired by them individually, such as by gift or inheritance, during the marriage.

Physical custody - The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing.

Petitioner - Often, the person who initiates divorce or marriage dissolution proceedings, also called the plaintiff.

Plaintiff - The person who initiates legal proceedings, often called the petitioner in family law matters.

Premarital agreement - An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement.

Prenuptial agreement - An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce. Also called a premarital agreement.

Qualified Domestic Relations Order (QDRO) - Pronounced "kwah-dro," an order issued by the court to divide retirement benefits.

Respondent - The person who answers a petition in a legal proceeding, sometimes also referred to as the defendant.

Restraining order - An order issued by the court to refrain from doing something, often issued in conjunction with domestic violence or custody disputes.

Settlement conference - A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.

Split custody - A form of custody generally not looked upon favorably in which some or one of the parties' children is/are in the custody of one parent and the remaining child(ren) is/are in the custody of the other parent.

Spousal support or maintenance - Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony.

Stipulation - An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court's final order or judgment and decree.

Visitation - The time that a non-custodial parent spends with his or her child(ren).