Family Law

The professionals at Holden & Darby dedicate their practice to aiding individuals and families with legal documentation and representation. We handle a variety of Family Law cases ranging from divorce to domestic violence/injunctions.

Family Law

The professionals at Holden & Darby dedicate their practice to aiding individuals and families with legal documentation and representation. We handle a variety of Family Law cases ranging from divorce to domestic violence/injunctions.

DIVORCE

Why You Don’t Want To Do It Yourself

Going through a divorce can be stressful and take a toll on your emotions– it is not a time that you want to be alone. At Holden & Darby, we will help you with every step along the way and give you the personal attention that you deserve. With an experienced divorce attorney, you will also have a better chance at receiving the assets you are entitled to, and will most likely experience a positive end result.

Types of Divorce Cases We Handle

  • Uncontested Divorce
  • Contested Divorce
  • Paternity
  • Custody/Parenting Plans
  • Prenuptials

ALIMONY

As Holden & Darby attorneys walk you through your divorce, they will also help you determine if you are eligible for alimony, and how much alimony you require. The length of the marriage is a large factor when it comes to calculating alimony. The length of marriage is classified as short (fewer than 7 years), moderate (between 7 and 17 years), and long-term (more than 17 years).

The different types of alimony you could be awarded include:

  • Temporary alimony
  • Bridge-the-gap alimony
  • Rehabilitative alimony
  • Durational alimony
  • Permanent alimony

MODIFICATIONS

If there has been an unforeseen, significant change of circumstances since the previous court order in a family law case, it may be necessary to seek the modification of a court order. A modification can be sought after a divorce, establishment of paternity, or other final family court order.

Matters that may be modified include:

  • Alimony
  • Child Support
  • A timesharing arrangement
  • A relocation request by a parent with a minor child
  • A parental responsibility order

DOMESTIC VIOLENCE

Unfortunately, spouses (and former spouses) are the primary targets of domestic violence. In Florida, domestic violence has two elements: there must be an overt act or threat, and that act must be committed against with whom the aggressor has a familial relationship. Even if an act isn’t inherently violent in nature, it can still be considered an act of domestic violence.

In Florida, the following could be considered acts of domestic violence:

  • Stalking
  • Kidnapping
  • False imprisonment
  • Aggravated stalking
  • Battery
  • Aggravated battery
  • Assault
  • Aggravated assault
  • Sexual battery
  • Sexual assault
  • Any other criminal offense resulting in physical injury or death

If you or someone you love is a victim of domestic violence, you should contact an attorney immediately, as these cases are very sensitive. Do not hesitate, the attorneys at Holden & Darby can help.

RESTRAINING ORDERS

If you have been a victim of domestic violence or have reason to believe you and your family may not be safe in the presence of an individual, you may petition the court for a restraining order. A restraining order is a legally binding document that requires one party to stay a certain distance away from the individual or party filing for the restraining order. The party filing for the order must convince a judge in family court that domestic violence has occurred or that it is likely to occur. However, temporary restraining orders are easier to obtain, and may be granted based solely on an individual’s sworn statements and without a hearing. Unfortunately, temporary restraining orders only last 15 days before they must be extended. If you or a loved one are in need of a restraining order, contact the knowledgeable family law attorneys at Holden & Darby.

MOVING OUT OF STATE

If a custodial parent wishes to move out-of-state with a child with opposition from the non-custodial spouse, the custodial spouse may have to go to court to receive a judge’s permission to move the child. These are considered “move-away cases,” and are some of the most difficult custody disputes. If the custodial parent moves the child out of the state without the permission of the court or the non-custodial spouse, the court may sanction the custodial parent with orders of contempt, which can include fines or jail time.