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Compassionate Guidance For Family-Related Legal Matters

The first word in “family law” is family. That is why our attorneys at Rotella & Hernandez, LLC, believe that they must first focus on understanding your family dynamics. Then, they will analyze your legal options and develop a strategy that works best for you and your family, safeguarding your most highly valued personal, business and financial interests. Our experienced family and divorce attorneys will help you prevent unnecessary conflict, identify solutions and find the best path forward. They will offer smart, progressive and strategic legal counsel and support to help you fully resolve your legal matters and move forward toward empowering solutions.

Our team will help you take steps toward a new beginning while maintaining meaningful relationships with your children.

Dissolution Of Marriage (Divorce)

A divorce is one of the most difficult upheavals that can occur in a person’s life. When your marriage comes to an end, you are forced to struggle with not only severe emotional trauma but also an oftentimes confusing and frustrating legal process. Every divorce is different, and it is vital that you enlist the counsel of a knowledgeable family law attorney who will take the time to understand your unique circumstances, give you the personal attention you deserve, and compassionately guide you through the legal twists and turns of the dissolution process. Divorce is never easy, but our experienced lawyers will tirelessly protect your interests and work to make the process as smooth and equitable as it can be.

Complex Matrimonial Matters

Numerous factors can severely complicate matrimonial legal matters, such as sophisticated and high-income financial situations or cases involving substance abuse. Marital disputes and other legal issues involving your family are difficult enough without aggravating factors, but when things get complicated, it is especially important that you turn to an attorney who is prepared to handle the legal nuances and intricacies of your case.

Prenuptial Agreements

Prenuptial agreements are contracts signed by engaged couples prior to their marriages. Commonly called “prenups,” these agreements can vary greatly in content, but generally, they establish the financial and property rights of each party to the marriage should a divorce ever occur. All prenups must fulfill strict criteria to be enforceable. For instance, the couple must enter into it voluntarily and provide full disclosure of all assets.

There are a lot of misconceptions about prenuptial agreements, but they can be tremendously beneficial for many couples, especially those with significant assets who own businesses or who have children from previous marriages. Our skilled lawyers will ensure that your prenuptial agreement is fully enforceable, that all parties completely understand its provisions, and that the document fairly fulfills your goals and needs.

Postnuptial Agreements

Postnuptial agreements fulfill the same purpose as prenuptial agreements (detailed above), but they are entered into after the couple is already married. Sometimes, a couple simply did not get around to creating a prenup before they got married, and at other times, there could be a significant change in their life circumstances for which they want to make legal arrangements. Postnuptial agreements become complex and even unenforceable when they contradict statutes regarding spousal property rights, so it is important that you have a knowledgeable attorney to assist you in drafting the document to ensure that it is legally compliant and will fulfill its intended purpose.

Property And Marital Settlement Agreements

In a dissolution of marriage, numerous decisions must be made regarding the terms of the divorce, such as division of assets, divisions of debts and support obligations. Many people find that, even when terms are disputed, they would rather try to reach an equitable resolution to these terms themselves rather than leave such substantial decisions to a judge. Divorcing couples may choose to draft and submit a property settlement agreement or a marital settlement agreement.

These are documents that detail the agreed-upon terms, details and conditions of the divorce. While property settlement agreements generally only detail terms of property division, marital settlement agreements tend to be more comprehensive, covering a wider range of issues such as support obligations. These agreements – depending on how comprehensive they are – can serve to greatly streamline the divorce process, and judges will usually stick to the guidelines laid out in the agreement in their final judgments. Property and marital settlement agreements can be incredibly complex, and they can have a substantial impact on your life following your divorce.

Spousal Support (Alimony)

Spousal support, better known as alimony, tends to be one of the most contentious aspects of any divorce. It is a court-ordered obligation that one spouse pay financial support to the other for some period of time, usually to ensure that the lifestyle that was established during the marriage can be maintained by both parties after the dissolution. You can rest assured that our attorneys will aggressively pursue a fair and reasonable order of spousal support or fight to defend you against an unreasonable claim to alimony.

Post-Judgment Enforcement And Modifications

Following a divorce or another family-related court order, if your ex fails or refuses to fulfill their legally mandated obligations – such as alimony or child support payments – then you may require legal assistance to help enforce the court’s original decision. There are several remedies available in such situations, including wage garnishments, property liens and even criminal penalties. Our lawyers at Rotella & Hernandez, LLC, will leverage every tactic and remedy necessary to help ensure that your court order is fulfilled and that you receive the support you are entitled to.

Additionally, there may come a time when the terms of your divorce are no longer reasonable or applicable. A change in circumstances, such as a relocation, a significant change in income or a severe illness, may dictate a need to modify the terms of your divorce.

Child Custody (Time-Sharing)

Florida does not adhere to the traditional concept of “custody.” Instead, your divorce will result in some degree of “time-sharing” between parents. There may be equal time-sharing, similar to joint custody, or majority time-sharing, which is similar to sole custody. In all cases, Florida courts will consider the best interests of the child(ren) involved when making time-sharing judgments. Additionally, the parenting plan will be one of the most pivotal aspects of your divorce’s time-sharing arrangement. This document will detail all aspects of your parenting schedule following your dissolution, including a holiday schedule, travel and education. An effective and consistent parenting plan is key to helping your children cope and adjust to the massive changes that are occurring in their lives.

Child Support

In determining child support obligations in a divorce, Florida courts will consider a wide variety of factors, including but not limited to the gross incomes of the custodial and noncustodial parents, the costs of child care, the costs of health care for the child, and the normal living needs of the child. In any divorce, the well-being of the children involved should be the No. 1 priority. Our attorneys will fight to try to ensure an equitable child support agreement that will effectively provide for the needs of your children.

Interstate Custody And Relocations

The state of Florida has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which details how states should handle jurisdictional issues regarding the enforcement of child custody orders. The UCCJEA was passed to help prevent parental kidnapping or violations of custody orders that involve parents traveling to other states to avoid enforcement. Nonetheless, despite this uniform code, interstate custody issues can be incredibly convoluted, and you will need the assistance of a skilled family law attorney who understands the intricacies of how custody laws work between states. Even in a situation in which one parent wants to make a legal and reasonable relocation that would impact a previously established custody or visitation arrangement, you will need a skilled lawyer to help you effectively work out the legal details and arrangements.

Parental Alienation

Parental alienation is a form of emotional child abuse, whereby one parent aggressively attempts to manipulate the child and turn them against the other parent. This tactic is often seen in divorces with contentious child custody battles, and it can lead to a severe psychological condition in children known as parental alienation syndrome (PAS). If you believe that parental alienation tactics are victimizing your children, there are legal remedies available to help.

Temporary Relief

Your divorce, child custody or paternity case may be working its way through the court system, but that doesn’t mean that your life or your bills are put on hold in the meantime. In some cases, you may be eligible for court-ordered temporary relief, which can involve a change in custody or living arrangements or temporary support paid by the opposing party in your family law case. The unique circumstances of your case will dictate the need for temporary relief.


Paternity cases involve the legal recognition of the father of a child. In Florida, there are five ways to establish paternity:

  • Parents are married when the child is born, creating a presumption of paternity.
  • An unmarried couple signs an official Acknowledgement of Paternity form.
  • There is an administrative order based on genetic tests.
  • There is a court order.
  • Birth parents get married after the child’s birth and legitimize the paternity of the child through the Florida Bureau of Vital Statistics.

At Rotella & Hernandez, LLC, our lawyers know how sensitive and difficult paternity cases can be, and they also understand how important they are to our clients and their children. With so much at stake, our attorneys hope that you will allow them to advocate for your best interests and those of your children in all aspects of your paternity case.

Domestic Violence Injunctions (Restraining Orders)

There is widespread domestic violence in the U.S., and our lawyers are committed to helping provide legal protection to those in danger of being harmed by spouses or loved ones. If you have been the victim of abuse or you are in fear for your safety or the safety of your children, then you may be able to obtain a court-ordered domestic violence injunction against the perpetrator of this abuse. Better known as a “restraining order,” this injunction will require the abuser – under threat of criminal penalties – to cease all harmful actions, leave your residence and stay away from you at all times, amongst other potential remedies. If you have been or fear you will be a victim of domestic violence, please contact Rotella & Hernandez Immigration and Family Law immediately and let our team put the law to work to keep you and your children safe.

Additionally, our attorneys provide defense against domestic violence injunctions in cases where an order is being misused or unreasonably applied. A false allegation of domestic violence can ruin your reputation, and it is important that you take swift action to defend yourself when an injunction based on false accusations is used against you.


Every child is precious, and every child deserves to grow up in a loving and secure home. Adoption can be a fantastic alternative for couples who are unable to conceive or people who simply wish to provide loving homes to children in need. However, the adoption process can be overwhelming, costly and time-consuming. It is essential that you enlist the services of a skilled adoption attorney, like one of ours at Rotella & Hernandez, LLC, to help guide you through the complex legal process. Adoption should be a joyous occasion, and our lawyers will work with you every step of the way to ensure that you consider and plan for all aspects of the adoption and that the process goes as smoothly as possible.

Second-Parent Adoptions And Litigation

Our attorneys also represent same-sex couples in adoption matters. Known as “second-parent adoptions,” this legal procedure ensures that both partners – no matter the legal status of their relationship – have legally recognized parental rights over their child, rather than just the biological parent. Unlike stepparent adoptions, there is no requirement that the couple be legally married to adopt a same-sex partner’s biological child through a second-parent adoption. Additionally, our lawyers will aggressively defend the rightful parents and the best interests of the children in litigated second-parent adoption cases if the adoption is contested in any way. Give us a call today to learn more, and let our team help you protect your parental rights.

More Than A Decade Of Experience

Attorneys Nora Rotella and Patricia Hernandez have over a decade of experience handling all types of family law matters. Contact Rotella & Hernandez Immigration and Family Law at 305-596-3618 or use our Contact page to schedule a meeting with them. Se habla español.