The Law Office of Mayra Talarico, P.A. Practice Areas
Marital and Family Law
The Law Office of Mayra Talarico can help you with your marital and family law matters. These areas include: Dissolution of Marriage, Alimony, Child Support and Custody/Timesharing, Paternity, and other related issues. Let us make things easier for you and your family as we guide you through each step of the way.
Generally, there are four main parts to a Dissolution of Marriage in Florida: Equitable Distribution of the Marital Assets and Liabilities, Alimony, Timesharing with the minor child(ren), and Child Support — if applicable. Chapter 61 of the Florida Statutes governs these areas.
It is important that parties consult with a lawyer regarding all the requirements and time limitations associated with the Dissolution of Marriage Proceeding. A Florida Family Law Attorney can guide you through this process.
Commencing a Dissolution of Marriage action in Florida:
If the parties are in agreement on all of the issues involved in the dissolution, a Simplified or Uncontested Dissolution may be possible.
If there are contested issues, the Dissolution process begins with a Petition for Dissolution of Marriage, along with other documents being filed with the Clerk of the Court. These documents are then served to the other party. Once served, the other party must file an Answer and if necessary, a Counter-Petition, within 20 days. It is important to note that the Court may be limited in what it can do if the petition is not pled with specificity. Also, the Court will be unable to address the sale of real estate, such as a marital residence, without a partition count being properly pled according to Florida law.
Florida Dissolution of Marriage Residence Requirements:
To obtain a Dissolution of Marriage, one of the parties must have been a resident of Florida for at least six months before filing the petition (some military exceptions apply). However, simply being a resident of Florida for six months does not necessarily mean that a Florida Court will be able to address all of the issues in your Dissolution. If one of the parties does not live in Florida or if they reside in another country, the Florida Court may be limited in its jurisdiction. You should consult with an attorney about where to file for divorce.
In a Dissolution of Marriage Proceeding, the court will divide the parties’ assets and liabilities. The court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the Court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors as listed in Florida Statute 61.075.
In some cases, the Court may grant alimony. Florida has various forms of alimony, such as: Bridge-the-Gap, Rehabilitative, Durational, Permanent in Nature, or any combination of these forms of alimony to one of the parties.
The two main considerations in alimony cases are the need for alimony and the ability to provide alimony. When discussing the issue of alimony, the length of the marriage is also an important factor. In a short-term marriage (less than seven years of marriage), there is a presumption against permanent alimony. In a long-term marriage (17 years or longer), there is a presumption in favor of permanent alimony.
Parenting Course Requirement for Divorces:
The Court requires the parents in all dissolution cases involving minor children to complete a four-hour parenting course. It is in the best interest of the parties to attend the course as early as possible during the divorce process.
Timesharing and Child Custody in a Divorce:
If the parties cannot agree on a timesharing schedule, the Court will determine one in accordance with the best interests of the child. The factors that the Court can consider are defined in Florida Statute 61.13.
It is the public policy of this State to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved. It also encourages the parents to share the rights, responsibilities, and joys of childrearing. There is also no presumption for or against the father or mother of the child when creating or altering a parenting plan for the child(ren).
Child Support in a Dissolution of Marriage with Children:
All parents have a responsibility to support their child(ren) according to their needs and the parties’ financial abilities. This obligation usually ceases once the child(ren) turn 18 years of age and have graduated from high school. In certain cases involving children with special needs, child support may extend beyond this date.
During the initial determination of child support in a divorce case, the court has the discretion to award child support retroactive to the date when the parties did not reside together in the same household with the child(ren). This should not exceed a period of 24 months preceding the filing of the petition.
Florida Dissolution of Marriage Statutes:
You may review the following Florida Statutes if you would like more information on divorce law in Florida:
Florida Statute 61.021 – Residence requirements.
Florida Statute 61.043 – Commencement of a proceeding for dissolution of marriage or for alimony and child support; dissolution questionnaire.
Florida Statute 61.052 – Dissolution of marriage.
Florida Statute 61.061– Proceedings against nonresidents.
Florida Statute 61.075 – Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 – Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 – Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 – Premarital agreements.
Florida Statute 61.08 – Alimony.
Florida Statute 61.13 – Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 – Parental relocation with a child.
Florida Statute 61.16 – Attorney’s fees, suit money, and costs.
Florida Statute 61.19 – Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.21 – Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 – Child support guidelines; principles.
Florida Statute 61.30 – Child support guidelines; retroactive child support.
Generally, there are three main areas which are subject to modification. It is important to consult with a Florida Family Law Attorney regarding the following:
Child Support Modification
Child support is based primarily on the parties’ incomes and the overnight stays that each parent has with the children. If either party experiences a loss or gain in income that would change their child support obligation by at least 15% or $50.00 or more, a modification is substantial enough to merit filing a supplemental petition to modify.
Additionally, a substantial change in healthcare or childcare cost may change your child support obligation, which will also require modification of child support. Lastly, a change in the timesharing may also be a basis for a change in child support.
Parenting Plan Modification
As circumstances change, the parenting plans need to change as well.
The child’s best interest is always the court’s primary concern.
If a parenting plan is no longer in a child’s best interest, then it may meet the standard for a modification. If there is a substantial, material, and unanticipated change in circumstance that affects the best interest of the child, then filing a supplemental petition to modify may be justified in order to change the parenting plan.
In order to modify the alimony, you must show a substantial and material change in circumstances. Depending on the type of alimony obligation, alimony may be modified for various statutory reasons.
The alimony obligation may be modified if either the need or the ability to pay by either spouse has significantly diminished or if the spouse receiving alimony is in a supportive relationship.
In Florida, when an unmarried mother gives birth to a child, paternity must be established voluntarily or through a court order. It is important to note that unmarried fathers do not have the same rights as married fathers in regard to their children.
Without a court order or voluntary acknowledgment of paternity, Florida fathers will find it difficult to exercise their constitutional right to parent, to be involved in major decisions affecting the minor child, to exercise timesharing, and to overall be involved in the minor’s child’s life.
If there is no voluntary acknowledgment, either the mother or the man who believes he is the father may proceed to court to establish paternity. Under Florida law, any of the following persons or agencies can start the court process:
- The child’s mother
- The man who believes he is the father or who has been identified as the father
- The child through a Legal Representative, Or
- The Florida Department of Child Support Services
In commencing a properly filed Paternity action, the Court has jurisdiction to determine Paternity and order child support, health insurance for the child, timesharing, decision-making authority over the child, and payment of either party’s attorney’s fees and court costs.
If the judge does not make orders for parenting time or decision-making for the child, Florida law assumes that the mother has all of the parenting time and sole decision-making authority. A Florida Family Lawyer can help guide you through this process so that the best interests of the child are determined.
More information on Florida’s paternity law can be found under Florida Statute 742.
Domestic Violence Injunctions
Victims of Domestic Violence have the right to file a petition asking the Court to issue an injunction. This court order prevents aggressors from approaching the victim’s home, vehicle, place of business, and other areas that the court may find significant. As a Victim’s Attorney, Mayra Talarico can help represent you throughout this process.
Our practice can also defend you from a Domestic Violence allegation. With Attorney Mayra Talarico’s experience as a former prosecutor, you will benefit from zealous advocacy and a thorough evaluation of the evidence against you.
Domestic Violence Injunctions/Restraining orders
Domestic Violence is a serious problem. If your spouse or domestic partner has engaged in violence or you have a reasonable fear of domestic violence, that fact must be brought to your lawyer’s attention. According to Florida Statute Section 741.28(2), “domestic violence” means "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."
Pursuant to Florida Statute Section 741.30, a party has the ability to file a sworn petition for an injunction for protection against domestic violence if he or she is a victim of domestic violence as described herein or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence. This means that if you have been a victim of domestic violence, or if you have the reasonable fear that you are in imminent danger of becoming a victim at the hands of a family or household member, you may file a petition for an injunction for protection.
What is an injunction?
As a victim of Domestic Violence, you have the right to file a petition to ask the court to issue an injunction to protect you against violence. The injunction process is civil in nature but should not be underestimated. An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The injunction will require that the offending party avoid your home, your vehicle, your place of business, and different areas the court discovers significant. In addition to physical protection the individual may not contact you by telephone, email, text messages, face to face or even through a third party. The court may also incorporate additional conditions on the individual that the court feels is appropriate, such as 28 week batterer’s intervention program, substance abuse evaluations and treatment, among other programs as the court deems appropriate.
Injunctions for Protection can be issued by the Court for: Domestic Violence, Sexual Violence, Dating Violence, Repeat Violence and Stalking.
There are very specific elements that must be proven to the Court during the final injunction hearing. This hearing requires evidence and often petitioners who attend these hearings without a lawyer under estimate the rules of evidence. An experienced Domestic Violence Attorney will know how to present your case to the court within the rules of evidence and pursuant to the Florida Statutes. Call Attorney Mayra Talarico today to schedule your Free and Confidential Domestic Violence consultation.
Hiring a Criminal Defense attorney is a very important decision. The stress and anxiety that comes with being arrested and charged with a crime is sometimes overwhelming. An experienced Criminal Defense attorney can take quick action to minimize your stress and answer all the questions that run through your mind after this very difficult and often confusing event.
As a former prosecutor, Attorney Mayra Talarico has a deep understanding of how criminal cases are charged and tried. She will take the time to explain the process, your rights, and any defenses that are available to you.
The Law Office of Mayra Talarico, P.A. can defend you against a DUI offense. As a former prosecutor, Mayra has prosecuted hundreds of DUI cases. You will benefit from her experience as she knows how to
evaluate the evidence against you.
Attorney Talarico knows that a thorough understanding of the State’s evidence against you is key when DUI charges are brought. She knows your rights and will ensure they are protected from arrest throughout the disposition of the charges.
Driving under the influence in Florida has significant penalties even for a first-time offender. If the case involves a repeat offender, property damage, an injury or death, the penalties for DUI increase dramatically.
If you have been arrested for DUI, call Attorney Talarico. She will take the time to explain the process, your rights, and any defenses that are available to you.
Some people believe Boating Under the Influence is taken lightly in Florida. Contrary to popular belief, BUIs have significant penalties even for first-time offenders.
Law enforcement officers must follow strict statutory guidelines when conducting a BUI investigation. If you have been arrested for this offense, contact our office. Attorney Mayra Talarico will be able to explain the evidence against you and any defenses that may be available to you.
Our firm can defend you against a domestic violence allegation. With Attorney Talarico’s experience as a former prosecutor, you will benefit from zealous advocacy and a thorough evaluation of the evidence against you.
Domestic violence is defined as: any Assault, Aggravated Assault, Battery, Aggravated Battery, Sexual Assault, Sexual Battery, Stalking, Aggravated Stalking, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.
Family or Household Member:
This includes spouses, ex-spouses, persons related by blood or marriage, persons who are presently residing as if a family or have resided together in the past as if part of a family, and persons who have children in common (does not require marriage or shared residence).
This refers to the person most likely to inflict injury and least likely to be afraid. The history of the combatants is helpful in determining who the primary aggressor is. Due consideration should be given to whether a person was simply defending himself or herself.
Any person who willfully, maliciously, and repeatedly follows or harasses another person commits misdemeanor stalking. If the stalking includes a credible threat with intent to place that person in reasonable fear of death or bodily injury, the crime becomes aggravated stalking, which is a felony. It is also considered aggravated stalking to stalk someone in violation of a domestic violence injunction, repeat violence injunction, or court-imposed prohibition of conduct against the person or the person’s property.
Below is a list of various acts that can be considered domestic violence.
- Pushing or Shoving
- Hair Pulling
- Pursuing Unwanted Sexual Activity
- And More
If you need help with a domestic violence case, do not hesitate to schedule an appointment with Attorney Talarico by calling (239) 734-3831. Our firm will maintain communication with you at every step.
Our law firm can defend you against a Battery offense. With our principal partner’s experience as a former prosecutor, you will benefit from a fierce defense. Attorney Talarico will defend your rights in a trial if necessary.
Battery refers to the intentional touching of another person against his or her will or an intentional act that results in the bodily harm of another person. This is a first-degree misdemeanor. However, the second charge of battery results in a third-degree felony.
An accidental touching or a threat to do an act that would result in bodily harm does not constitute battery. If you are charged with Battery, you should seek legal counsel to determine if you have any valid defenses against this allegation. A crime of Battery can be between people who never met or people who have a relationship with one another (domestic violence battery).
The offense of Battery can be upgraded depending on aggravating factors, such as the use of a weapon and the alleged victim’s age (whether he or she is a child or over the age of 65). Commonly, a criminal domestic Battery case will be coupled with a petition for a Domestic Violence Injunction. A Domestic Violence Injunction is a civil matter, but if that person violates this, it may result in a criminal charge.
In Florida, an act of domestic violence is a serious offense and can have severe consequences in both the
criminal and civil courts.
Attorney Talarico can defend you against a Violation of Probation. As a former State Probation Officer and ex-prosecutor, she has extensive knowledge of the law, your conditions of probation, and the charges against you. She will take the time to evaluate your case, explain your rights as a Probationer, and defend those rights in a hearing if necessary.
Article 948.06 of the Florida Statutes states that "whenever there are reasonable grounds to believe that a probationer has violated his or her probation or community control within the allotted period, that probationer may be arrested without a warrant and brought before the Court. The Court has the power to revoke, modify, or simply reinstate the probation order."
If you are charged with a Violation of Probation, the proceeding is much different than being charged with a new crime. Because you have already been sentenced to probation, you have less protection than if you were charged with a new crime. The various conditions of probation make it common for a person to violate the terms of their probation without even realizing they did so.
There are various types of probation violations. These are:
- Technical Violation
- Failure to Pay Court Costs or Fines
- Missing Scheduled Probation Meetings
- Not Completing Court-Ordered Classes
- Being Late to a Probation Meeting
- Changing Your Address Without Permission
- Charged With a New Crime
According to 893.13 of the Florida Statutes, "it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance." Drug possession charges and penalties will differ depending on the type of drug involved and the specific type of drug crime committed.
Drug crimes in Florida involve controlled substances defined in Florida Statute 893.02 as being any listed substance in Schedules I-V of Florida Statute 893.03. Regardless of the controlled substance’s schedule, if one illegally possesses, sells, manufactures, distributes, or traffics a controlled substance, they can be charged with a drug-related crime.
Allegations of these kinds of crimes are very serious and every effort should be made to defend against them.
According to 784.011 of the Florida Statutes, an assault is "an intentional, unlawful threat by word or act to do violence to another’s person coupled with an apparent ability to do so. Performing an act that creates a well-founded fear of imminent violence is also considered assault. Depending on the incident, an assault can be defined as a simple assault (misdemeanor) or an aggravated assault (felony)."
Simple assault is when you threaten — either by word or by an act — to do violence to someone. At the time of the threat, you must have the ability to carry out the threat. Additionally, your threat must create a well-founded fear that violence is about to take place.
Aggravated Assault is just like a Simple Assault, but the State must additionally prove that you committed the assault with a deadly weapon or with the intent to commit a crime, as per 784.021 of the Florida Statutes.
At The Law Office of Mayra Talarico, P.A., we understand the severity of assault allegations. That is why we strive to thoroughly evaluate your case and defend your rights throughout the process.
Pursuant to Florida Statute 812.014, a person commits theft if "he or she knowingly obtains, uses, or endeavors to obtain or to use the property of another with intent to either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property."
Much like DUIs and battery, a charge of Theft may be enhanced. This means the more times you are convicted of it, the greater the consequences. A Theft conviction has many negative consequences, including jail, revocation of your driver’s licenses, restitution, and fines. It is important to hire a knowledgeable attorney who will know how to evaluate the evidence against you and defend your Constitutional rights.
Florida Statute 322.34 (2) states that "any person whose driving privilege has been canceled, suspended, or revoked as provided by law yet drives along the state’s highways despite knowledge of this suspension or revocation may be found guilty of a misdemeanor for the first and second conviction."
A third or subsequent conviction is guilty of a felony of the third degree. Driving While Driver License is Suspended or Revoked charges can have significant consequences on your driver’s license. They also come with high monetary fines and, in some instances, may include jail or prison time.
Knowing the area of the law is vital in protecting your rights during a new arrest and minimizing future consequences. Let us help you with that.
In Florida, Juvenile Delinquency cases are treated differently from criminal cases in adult court. The focus is mainly rehabilitation and the process can move quickly and seem complicated.
At The Law Office of Mayra Talarico, P.A., we understand the process for juvenile delinquency cases. We will stand by your family and walk you through the entire proceeding. Our focus is on the minor child and their best interest going forward.
Reach Out to Us
We are eager to represent you. Get in touch with us today to schedule a confidential consultation.