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Mediation is a beneficial informal process where individuals discuss their concerns and issues with a neutral mediator present. The mediator's role is to help facilitate an agreement. A Mediator can present solutions but does not make any decisions. Mediation allows individuals to control their outcome, whereas rulings from a judge may be unpredictable, and a more costly and time consuming process. While the mediation session itself is a voluntary process, courts often require that parties in a disputed family case attempt to resolve their case via mediation before seeking legal relief from the court.

All family mediations conducted by Certified Family Mediator, Kieran Kaur, Esquire are being held virtually. Weekend availability by special appointment only.  Visit the contact page to request more information and booking details. 

A prenuptial agreement is a contract between two prospective spouses that must be in writing and signed by both parties. It is common for most agreements to primarily address matters such as: protecting assets owned prior to a marriage; property management during a marriage; and how property division is handled in the event of a divorce. 

Prenuptial agreements can be simple or complex, but must meet certain formalities and requirements to be enforceable. Therefore, it is highly recommended that you have an attorney either draft or review an agreement well before the date of marriage.  

A dissolution of a valid marriage in Florida is based on "no fault" - either spouse can request a divorce on the ground that the marriage is irretrievably broken (marriage cannot be saved, even if only one spouse is under this belief). At least one spouse must reside in Florida for a minimum of six (6) months before filing for a divorce. In Florida, there is no formal legal separation, but the same needs as a result of the breakdown of the relationship can be addressed, whether that be through a formal divorce or a post nuptial agreement.  

Every situation is unique, and the procedure and issues to address in a divorce case may differ. Because of these factors (on top of an often emotional and stressful time) - an attorney can help navigate these varying paths. 

Paternity (being declared legal father of a child) can be established a few different ways, such as through marriage of parents; voluntary acknowledgement; or by court order. Being declared legal father equates to rights and responsibilities for a child. Being the biological  father to a child does not in itself automatically grant these rights and responsibilities where they can be enforced. Paternity actions are often initiated to obtain a court order outlining a defined parenting plan and related child matters, like child support. 

Even if two unmarried parents co-parent effectively, it is recommended that an agreement/order be in place in to address matters that are unique to your family and in the event any parental disputes arise in the future. An attorney may help identify scenarios that could lead to future disputes that should be considered. 

The Florida Department of Revenue (DOR), can establish and enforce child support orders. This may be initiated when one parent who has a child the majority of the time applies with DOR to open a case. It may also be initiated when the DOR receives information that a parent either applied for or received public assistance. The other parent will then receive notice of the DOR proceeding and instructions on how to participate and provide financial information. A paternity action is often initiated after the DOR initiates a child support proceeding, so that a party can request a circuit court to address child support and timesharing matters in the same case.  It is important not to ignore or fail to timely respond as requested - the DOR may still move forward and enter a child support order even if one parent is unresponsive. 

Common agreements in family matters may include the following:

• Postnuptial Agreements (are like prenuptial agreements, but entered into after marriage). These agreements can address matters like a prenuptial agreement would and does not have to be in contemplation of a divorce. It can also address obligations each party has during the marriage. It must also be with full financial disclosure and meet formality requirements.

• Marital Settlement Agreements are contracts between divorcing spouses that settle matters in the divorce. Common matters to address are: division of assets and/or debts; support obligations; certain parenting matters if children are involved; and other rights and obligations particular to your situation. 

• Parenting Plans are documents that are created by agreement or court order to govern the relationship between parents and child(ren). They include decisions that must be made regarding the minor child(ren) and must contain a time-sharing schedule for the parents and child(ren). Examples of decisions include decisions regarding a child’s education, health care, and physical, social, and emotional well-being. All circumstances between the parents, including their historic relationship, domestic violence, and several other factors must be taken into consideration. The primary consideration is to determine what is in the best interest of the child(ren). Florida's public policy is that each minor child has frequent and continuing contact with both parents and that parents should share the rights and responsibilities and joys of childrearing. Additionally, it is presumed that equal time-sharing of a minor child is in their best interests  unless proven otherwise.

It is important to seek the advice of an attorney before entering into any type of agreement, as there may be limited circumstances where agreements can be set aside or modified.

After a final judgment (court order) is entered to finalize your family matter, issues and/or changes in circumstances may arise where a case is re-opened. This may include:

• Contempt and/or Enforcement which occurs when someone has failed to comply with an agreement / court order such as failing to pay ordered financial support or refusing to comply with a parenting plan.

• Modification (alimony; child support; timesharing; relocation). When seeking a modification, there must be a substantial and material change in circumstances. When modifying parental responsibility or timesharing,  the requested modification must also show that it is in the best interests of the child(ren). For existing child support orders, a substantial change in circumstances can be when the difference between the existing monthly obligation and the amount provided for under the State guidelines is least 15 percent or $50, whichever amount is greater.

Kaur Legal can help you assess your situation and options available in these types of matters.

An adult (at least 18 years of age) seeking a change of their name may do so if certain requirements are met by filing a Petition in a Florida Court outlining your request and detailed information such as: current and any former names; occupational history; family history; educational history; and criminal history.

Fingerprints must be taken in a manner approved by the Department of Law Enforcement and submitted for a state and national criminal history records check if a former name is not being restored.

A basic estate plan in Florida includes: 

• Last Will and Testament ("Will"): a written (not hand-written) document that outlines your decisions on what happens to your assets upon your death to avoid State default laws on how this should be distributed if you die without a will. 

•  Healthcare Directives: are written declarations that can include directions on whether life should be artificially prolonged during specified conditions; designating a surrogate to receive medical information and/or make medical decisions; and anatomical donations.

• Durable Powers of Attorney: A power of attorney is a legal document delegating authority from one person to another. The person who makes the power of attorney is referred to as the “principal.” The principal grants someone, referred to as an "agent," the right to act on the principal's behalf. The authority to act as an agent on the principal's behalf depends on the specific language of the power of attorney - these acts can be very broad or limited to specific acts. A power of attorney generally terminates upon death; incapacitation; subsequent revocation; or when the purpose has been accomplished. A durable power of attorney will not be terminated by subsequent incapacity except as provided by Florida law.

• Declaration of Pre-Need Guardian: a document declaring a named individual to act as guardian over you in the event you are determined to be incapacitated as defined by Florida guardianship law. The guardian can be over your property (to manage your financial affairs) and/or over your person (medical and physical care). A pre-need guardian can also be named for your minor children, where you can recommend who should take over as legal guardian of your children if you become disabled or die.

Certain requirements and formalities must be met for these documents to be considered valid.