The Right to Marry & Marriages

THE CONSTITUTIONAL STANCE

What we most often forget, is that the right to marry is a constitutionally vested right, falling under the category of a fundamental right.  A Fundamental right is subject to what we call “strict scrutiny,” so in order to pass legislation/law, it must be proven that there is a compelling governmental interest.  More recently, the Supreme Court has legalized gay marriage, as there has been a conflict of opinion between people’s religious beliefs, and what the law has enabled us as citizens to do.

THE REALITY OF FAMILY LAW PRACTICE

In 1991, the Florida Supreme Court, required each circuit to establish a family division to exercise its jurisdiction over dissolution of marriage actions, domestic violence, name change, adoption and paternity matters which may also include juvenile dependency and delinquency matters. Circuit courts that are too small administrative leave to justify family divisions were required to establish a program to coordinate the hearing a family law matters affecting one family. The Florida Supreme Court recognized that same divisions are unworkable and some circuits for example those with one or few circuit judges. To make matters worse, it was not possible to obtain a an uncontested divorce in Florida without jumping through a ton of hoops.

In 1994 after receiving input from the state line Family Court Workshop the Florida Supreme Court issue to further opinions on the Family Court. The second opinion for the refined and implemented the Family Court division of the Circuit Court. And that opinion but emphasized that the goal of a family court was to establish a comprehensive approach coordinating all judicial efforts in cases affecting the same family regardless of the sometimes necessary geographical separation of Courthouse facilities for the manner in which dockets for different types of cases are structured and managed.

The purpose of the third thing was to clarify issues regarding the implementation operation of family law division Pacific regard to domestic violence injunction. And that opinion the court stated that the implementation of family law division than the assignment of all family law matters including domestic violence are to be controlled through other local rules for administrative orders explicitly approved by this court to discourage people obtaining quick divorces in Florida.

The Guiding principles enunciated by the family court steering committee provided blueprints for systemic change in the
practice of family law and other courts in Florida exercise jurisdiction over family law cases. Largo’s finest divorce lawyer, suggests the following principles:

– Children should live in safe and permanent homes
– The needs and best interest of children should be the primary concern of any family court
– All persons or the children or adults should be treated with objectivity sensitivity dignity and respect
– Cases involving interrelated family issues should be Consolidated of coordinated to maximize you support resources to avoid conflicting decisions and to minimize inconvenience to the family

What You Should Do When Choosing Legal Help from a Family Lawyer

What is the process?

The Supreme Court in Florida created the Family Court Steering Committee with the goal of developing a model family court system for Florida.  To better accomplish this goal, a family’s interaction with the courts in all circuits shall be administratively coordinated and monitored in one unified family division, whether that interaction involves dissolution of marriage (and attendant determinations of custody, visitation, child support, alimony, and modifications thereof), cases under the Uniform Child Custody Jurisdiction Act and the Uniform Reciprocal Enforcement of Support Act, adoption and paternity, domestic and repeat violence, juvenile delinquency and dependency, termination of parental rights, or cases of children or families in need of supervision.imgres

What is the lawyer’s role?

Your quick divorce lawyer must be involved in a practice that evolves into a process that attempts to address the family’s interrelated legal and non-legal problems to produce a result that improves the family’s functioning after a dissolution of marriage.  In addition to honing strong advocacy skills, this requires the family lawyer to focus on the ultimate goal of “making a deal” using all processes to empower parties and the families through skills development, to assist them to resolve their own disputes rather than resort to the courts to make decisions for them, to provide access to appropriate services and offer a variety of dispute resolution forums where the parties and the family can resolve problems without additional emotional trauma in the process of dissolution of marriage.  Why?  Because we have not learned it works best for all involved.  It is Florida’s children whose parents are seeking a dissolution of marriage who are the real winners.  It promotes the intent of Florida family law first written in 1965:

  • To preserve the integrity of marriage and to safeguard meaningful family relationships;
  • To promote the amicable settlement of disputes that arise between parties to a marriage;
  • To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.

What is the lawyer’s role?

Your quick divorce lawyer must be involved in a practice that evolves into a process that attempts to address the family’s interrelated legal and non-legal problems to produce a result that improves the family’s functioning after a dissolution of marriage.  In addition to honing strong advocacy skills, this requires the family lawyer to focus on the ultimate goal of “making a deal” using all processes to empower parties and the families through skills development, to assist them to resolve their own disputes rather than resort to the courts to make decisions for them, to provide access to appropriate services and offer a variety of dispute resolution forums where the parties and the family can resolve problems without additional emotional trauma in the process of dissolution of marriage.  Why?  Because we have not learned it works best for all involved.  It is Florida’s children whose parents are seeking a dissolution of marriage who are the real winners.  It promotes the intent of Florida family law first written in 1965:

  • To preserve the integrity of marriage and to safeguard meaningful family relationships;
  • To promote the amicable settlement of disputes that arise between parties to a marriage;
  • To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.