Marital & Family Law

DIVORCE (UNCONTESTED & CONTESTED)

 

Divorce is the legal process by which a marriage ends. In a divorce proceeding, the parties' marriage is legally dissolved and any related issues, such as child custody and visitation, child and spousal support, and property and debt division, are resolved. This resolution can occur through the parties' voluntary agreement, formal mediation, or by order of the court after a trial.

Attorney Ryan M. Albaugh was raised in a divorced family himself. He knows first hand the impact a divorce has on everyone involved. He will work tirelessly to protect your rights and shelter your children from any inappropriate behavior by your spouse.

 

An uncontested divorce is one where you and your spouse are in general agreement about the terms and no formal mediation or litigation is necessary. The benefits of an uncontested divorce are that they are much less expensive and are finalized much more quickly than a contested divorce. However, these benefits can be lost by people who try and "do-it-themselves" by purchasing forms from the clerk and submitting what they believe the Judge needs to see. All too often these people find themselves frustrated and confused about why their paperwork was returned or denied.

 

Attorney Ryan M. Albaugh can help you and your spouse get through the system as economically and efficiently as possible. Ryan can draft your documents, file them with the court, and follow-up with the judge to ensure that they are being processed. This also ensures that every aspect of your marriage is settled in the divorce and nothing is inadvertently left unaddressed.

 

A contested divorce is one where you and your spouse disagree about one or more specific aspects of the settlement or you simply are not in a position to have a reasonable conversation about what your respective positions are. Due to the importance of these issues and the potential negative results you may face, it is imperative that you hire an experienced attorney to represent you.

 

Attorney Ryan M. Albaugh recognizes the sensitive nature of issues such as child custody, support, visitation, and property division, and will develop strategies with you regarding how to apply the law to the facts of your case in order to fight for the best outcome possible. Ryan knows what factors a judge making a custody determination considers, and has a background in finance which allows him to decipher complex financial situations.

 

Call Ryan today for your free initial consultation about how he can assist you with your uncontested divorce, or fight for you should your situation be contested.

 

ALIMONY

 

Alimony is the term commonly used to refer to maintenance and spousal support provided by one spouse or former spouse to the other during a separation or after a divorce. Although traditionally awarded primarily to stay-at-home wives, alimony is now awarded to either spouse if they have a financial need, and the other is able to provide it.

Whether alimony is proper or is likely to be awarded by the court in your case is largely a factual question. Some of the factors that the judge will consider include: the length of the marriage; the age of each spouse; the health of each spouse; the ability of each spouse to be self-supporting, including a consideration of responsibilities to the parties' minor children, if any; the income of the primary wage-earner; and the standard of living the parties enjoyed during the marriage.

Attorney Ryan M. Albaugh has experience arguing for, and fighting against, an award of alimony. He also can rely on his financial background and creativity to secure the best possible financial outcome for his clients.

 

Contact Ryan today for your free initial consultation.

PATERNITY

Paternity is the legal process by which the biological father of a child or children is established. In a paternity proceeding, the reputed father can either consent to paternity or request a DNA test to scientifically establish if he is the biological father. Once established, issues such as child custody, visitation, and support are resolved.

Attorney Ryan M. Albaugh has experience helping mothers and fathers establish paternity, resolve child support disputes, and formulate child custody and visitation agreements that are in the best interests and welfare of their children, fair, and respectful of the parental rights of the mother and the father. Every parent has an obligation to support their child and, except for the rare circumstance, a right to see and have a relationship with them.

Contact Ryan today if: you need to establish custody, child support, and visitation for a child born outside of wedlock; you are unable to obtain child support because the father of your child refuses to acknowledge paternity; the mother of your child is challenging paternity and refusing to let you spend time with your child; you are unable to seek custody of your child because paternity has been called into question and never been legally established; you are being forced to pay child support for a child who you believe is not yours.

 

CUSTODY

 

Custody of a child is likely the most emotional issue in family law. If you anticipate a dispute with the other parent over custody, either in a divorce or paternity proceeding, the necessity of retaining an experienced attorney cannot be overstated. In reality, what in this world is more important that the safety and wellbeing of your child? If your answer to the preceding questions is "nothing", attorney Ryan M. Albaugh is here to help.

 

Which parent will be awarded custody by the court is largely a factual question. Some of the factors the judge will consider include: the child's age; the child's gender; the child's physical and mental health; the parents' physical and mental health; the parents' lifestyles; any history of abuse by either parent; the emotional bonds between the parent and the child; the parent's ability to give the child guidance; the parent's ability to provide the basic necessities, such as food, shelter, clothing, and medical care; the child's routines, including home, school, community, and religious; the willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; and if the child is above a certain age, the child's preference.

 

Ryan knows that most parents understand how detrimental a contentious custody battle can be and truly don't want to fight over their children. He therefore offers representation to help you negotiate child custody arrangements that save time, save money, and avoid situations in which you become focused on your emotions rather than your child's best interests and welfare. However, in the event it becomes necessary to go to trial on custody and parenting issues, Ryan is well-versed in the law and has extensive trial experience and confidence in the courtroom.

 

Contact Ryan for your free initial consultation.

 

CHILD SUPPORT

The amount of child support a parent can expect to pay or receive is a common question among people involved in family law matters. To provide guidance and uniformity in answer to that question, the State of Florida has established Child Support Guidelines. The idea being that a computation of child support pursuant to the Guidelines, which take into account the incomes of both parents and specific costs associated with the child, would provide a straightforward calculation. Unfortunately, as with many things related to money, child support calculations can require complex analysis of the other parent's income and claimed deductions.

 

Attorney Ryan M. Albaugh will use his financial background and experience in contested child support cases to ensure that the child support calculation is performed using accurate numbers. Some of the ways in which Ryan will do this include: identifying income sources besides salary or wages, such as benefit income (disability benefits, unemployment, workers' compensation, and Social Security); calculating "imputed income" based on previous income levels when the other parent is voluntarily unemployed or underemployed; ensuring you are given credit for all available income deductions, such as income taxes, self-employment taxes, health insurance premiums, alimony paid from a previous marriage, and child support paid for other children; identifying facts, such as the special needs of a child or extraordinary healthcare costs of a child, which may justify deviating from the guidelines. Once his analysis is complete, Ryan will work with you to ensure any evidence needed to support the child support calculation is available to present to the judge.

 

Call Ryan today for your free initial consultation regarding child support questions or concerns.

 

VISITATION

Many family law cases originate because one parent refuses to allow the other to see and spend time with their child.  If you are being prevented from actively participating in your child's life, it is time to seek the assistance of an experienced, aggressive attorney before your relationship with your child suffers another day.

 

Attorney Ryan M. Albaugh has a passion for cases where he is fighting for a parent's right to be a part of their child's life.  He is a firm believer that the importance of the parent-child bond that is formed during a child's early years cannot be overstated.  Ryan will take the time to learn the facts and circumstances that led to the denial of visitation. He will then aggressively implement a strategy for how to resume visitation and obtain make-up visitation for time previously withheld.

 

Call Ryan today for your free initial consultation.

 

MODIFICATION OF PRIOR ORDERS

Final Judgments of Dissolution or Paternity are simply unable to take into account the huge number of changes that will occur in the future. Florida law provides that a "substantial change in circumstances" can provide grounds for increasing, decreasing, terminating, or modifying the terms of a child support, alimony, or custody order.

 

Attorney Ryan M. Albaugh has experience helping clients bring their prior court orders up to date to accurately reflect the current situation. His approach to modification cases involves sitting down with you to learn what has changed and explaining what evidence will be needed to prove those changes exist. Modification actions are some of the most common family law matters to require litigation. In the event this happens, Ryan's legal knowledge and experience as a trial attorney will allow him to persuasively present your case to the judge.

 

Call Ryan today for your free initial consultation.

RELOCATION

One of the biggest fears of many parents is that the other parent will take their child and move to some distant place, substantially limiting their ability to be a part of their child's life. On the other side of the equation, today's mobile population often leads to a parent wanting to relocate out of the area with their child. Florida law provides a series of steps that a parent must take prior to relocating with their child.

 

Attorney Ryan M. Albaugh has experience representing clients on both sides of the relocation issue. If you are the parent wanting to move, he can help you comply with the legal requirements and argue your case to the judge if litigation is required. If, on the other hand, you are notified the other parent wants to move, he can help you register an objection and present your case to the judge. Relocation cases are typically fact driven, and Ryan understands which facts can lead to a favorable outcome in your case.

 

Call Ryan today for your free initial consultation.

ADOPTION

 

The adoption of a child can be one of the most joyous events in a person's life. However, the legal pitfalls along the way can be substantial. For this reason it is important that you seek the assistance of an experienced attorney if you are thinking about initiating an adoption.

Attorney Ryan M. Albaugh has handled step-parent and third-party adoptions. He understands the emotional nature of adoptions and will work hard to ensure that the adoption process goes smoothly.

 

Call Ryan today for your free initial consultation.

INJUNCTIONS (RESTRAINING ORDERS)

 

Injunctions for Protection, better known as restraining orders, are court orders restricting a person's behavior. The most common types of injunctions are Domestic Violence, Repeat Violence, and Dating Violence. Each require different facts to be valid, and unfortunately are often used as leverage during family law matters such as divorce. The impact of having an injunction placed against you can be devastating. An injunction can prevent you from returning to your home and family, maintaining or obtaining certain employment, and volunteering at your kids' school or activities. Having an injunction against you also leaves you vulnerable to arrest if the protected person claims you violated the terms and conditions of the injunction.

Injunction hearings are like mini-trials in front of a judge and typically come down to the credibility of the witnesses. If an injuction has been filed against you, you do not have a right to a government appointed attorney to defend you. Accusers, on the other hand, do receive free representation in most cases. As such, it is extremely ill-advised for you to try and defend yourself at an injunction hearing.

Attorney Ryan M. Albaugh has been successful in defending clients against injunctions because of his background as an experienced trial attorney. Ryan will work with you so you are comfortable while testifying and can tell your side of the story. He will also investigate the allegations against you and the accuser's background so he can aggressively cross examine them when they testify.

Contact Ryan today for your free initial consultation if you or a loved one has been served with an injunction.