Divorce, Family Law, & Collections Attorney in Fort Lauderdale, FL

Carmen G. Soto, P.A.

600 South Andrews Avenue
Suite 403
Fort Lauderdale, Florida 33301
USA

(954) 523-0703

(954) 688-2994

www.csotolaw.com

Contact Carmen G. Soto, P.A.

Law Firm Overview FREE CONSULTATION

Carmen G. Soto, P.A. focuses in the areas of Divorce, Timesharing, Child Support, Spousal Support, Visitation Orders, Domestic Violence, and Restraining Orders, Bankruptcy, and Civil Litigation.

We serve the entire tri-county area, covering Miami-Dade County to Palm Beach County, and including Fort Lauderdale.

Attorney Carmen G. Soto, an experienced divorce attorney for over 10 years, was recently chosen for inclusion in 2012 Florida Rising Stars list, in Florida Super Lawyers magazine. An honor reserved for those lawyers who have chosen excellence in practice.

At Carmen G. Soto, P.A., we understand that, when choosing an attorney, you are looking for someone who will fight for your interests while acting as a guide through the legal process. Carmen G. Soto, P.A. strives to achieve the best results as quickly and efficiently as possible.

Languages: Spanish; English.

Areas of Law

Additional Areas of Law: Timesharing; Equitable Distribution; Collections; Garnishments; Chapter 7 Bankruptcy.

Areas of Law Description

Carmen G. Soto, P.A. provides legal representation and services in the following areas of practice:

- Family Law

• Divorce

Florida is considered a "no-fault" divorce state. This basically means that one spouse cannot prevent a divorce from occurring if the other spouse indicates that she or he wants the divorce. There are only two requirements to obtain a divorce (1) one of the parties needs to have lived in Florida for a minimum of six months immediately preceding the filing for divorce; and (2) the marriage must be irretrievably broken.

• Timesharing

Shared parental responsibility means both parents retain full parental rights and responsibilities with respect to their children. Both parents must confer and cooperate with each other so major decisions affecting the welfare of the child are determined together. All major decisions are still to be made by both parents. Access to all school activities, medical records, and all information regarding the children should be shared.

• Alimony

There are several kinds of alimony that the court can award a party in a divorce action: (1) Periodic Alimony, (2) Lump Sum Alimony (3) Rehabilitative Alimony, (4) Bridge the Gap Alimony and (5) Permanent Alimony.

• Child Support

Florida utilizes Uniform Child Support Guidelines, governed by Florida Statute 61.30. This guideline is basically a worksheet for determining the amount of child support that each party is liable for. Each parent has the moral and moreover the legal responsibility to financially support their children. The court will calculate what each party will contribute according to the proportionate share of each party's income.

• Equitable Distribution

For the most part, all assets and debts that were acquired during the marriage are subject to equitable distribution. Equitable does not necessarily mean "50/50" split, it means equitable or in other words, what is fair. There are some very detailed and defined exceptions such as inheritances and passive appreciation. The presumption under Florida Statute 61.075 is that the division be equal. It doesn't matter under whose name the asset is under, or which party incurred the debt.

• Paternity Disputes

Often a child born to an unmarried man and woman is not automatically presumed to be the man’s child. This means that the parental rights of the father need to be established and protected. Time-sharing and the obligation to provide support to the child need to be ordered by a court of competent jurisdiction. In Florida, children conceived or born during marriage are presumed to be the children of the husband and the wife, and all parental rights and obligations belong to the husband and wife.

- Civil Litigation

• Collections

At times a demand letter from a collections law firm resolves the matter in an amicable fashion without having to file suit. This is the case because those who owe money are at times more receptive and responsive if an attorney sends them a letter. If the debtor still refuses to pay the amount owed, a lawsuit is filed and the debtor is taken to court. Filing a lawsuit and obtaining a favorable judgment is step one in getting our clients the money owed them.

- Bankruptcy

• Chapter 7

The most common type of bankruptcy proceeding is a Chapter 7 liquidation bankruptcy. It is called a "liquidation" bankruptcy because the trustee will sell (or liquidate) non-exempt property of the debtor and the proceeds of the sale will be equally distributed between the creditors. Under a Chapter 7 bankruptcy, your debts can be discharged (wiped out) by the court within 3 to 4 months if there are no objections by creditors or by the trustee. No payments have to be made to creditors once the matter is discharged.