Divorce, Family Law, Estate Planning, Probate, Employment, Condo Law, & Aviation Law Firm

Law Firm Overview

At the Law Offices of Hoffman & Hoffman, P.A., our lawyers have experience handling and litigating tough cases in the state of Florida including probate litigation such as will contests, divorce matters ranging from simplified divorce to child-support modifications, condominium deposit and condominium leak disputes, employment matters including sexual harassment cases, whistleblower complaints and over time lawsuits. We have offices in Miami, Naples and the Florida Keys.

The Law Offices of Hoffman & Hoffman, P.A. was established in 1994. The lawyers are dedicated to offering the highest representation possible in both federal, state trial courts as well as appellate courts. Hoffman & Hoffman, P.A. represents individuals and companies throughout the State of Florida. The firm utilizes the talents of their respected and educated trial lawyers to provide their clients with the best representation at the lowest possible cost. Cases are handled on either an hourly fee schedule or on contingency or hybrid.

Hoffman & Hoffman, P.A. prides itself on its constant communication throughout the working relationship with its clients. Each trial preparation is diligent and exhaustive. Every case is structured on its facts, and presented with clarity and credence while our clients play an active part in the litigation and trial process. Our attorneys pride themselves on maintaining their honesty and integrity at every level of representation.

Year this Office was Established: 1994

Areas of Law

Additional Areas of Law: Military Divorce; Separate Maintenance; Annulment; Declaration of Pre-need Guardian; Living Wills; General Durable Power of Attorney; EEOC; Employment Contract and Agreements; Americans With Disabilities Act Compliance Actions; Family Medical Leave Act (FMLA); Retaliation Claims; Equal Pay Act Claims; Condo Law.

Areas of Law Description

The Law Offices of Hoffman & Hoffman, P.A. provides legal representation on the following areas of practice:

- Family Law

An experienced divorce and family law attorney will advise you and help protect your rights. Attorney Teresa Abood Hoffman manages the Family and Estate Planning practice areas of Hoffman & Hoffman, P.A. With over 20 years’ experience in handling divorce, family and estate planning matters, Miami divorce attorney Teresa Hoffman is confident in advising her clients and is always available to her families as they encounter growth and changes. Whether you need a divorce, have custody or child support issues, or need to revise your estate plan because of a divorce or any other reason, Attorney Hoffman can confidently assist you.

* Divorce

Implicit in the “no fault” concept is the notion that both parties to the marriage are complete and equal partners, sharing equal rights and obligations in the marital relationship and sharing equal burdens in the event of dissolution. There are only two grounds for dissolution of marriage: that the marriage is irretrievably broken; or that one of the spouses is mentally incapacitated. A marriage is irretrievably broken when the parties can no longer live together because their difficulties are so deep and substantial that no reasonable effort could remove them and allow the parties to live together in a normal marital relationship.

* Annulment

Annulment is not governed by statute or rule. It is a common law action in equity to terminate a void or voidable marriage. Only the innocent party may seek an annulment. A marriage may be annulled for the following grounds: A lack of legal capacity to contract, or a statutory prohibition against the type of marriage in question; A lack of mental capacity to contract; A lack of actual consent to the contract; A consent wrongfully procured by force, duress, fraud, or concealment; A lack of physical capacity to consummate.

* Child Custody - Time Sharing

Recently Florida has abandoned the use of the terms custody, primary residential parent, rotating custody and is now requiring a detailed parenting plan in every case regarding sharing the children. Today the parents are encouraged to share and enjoy time with the children using the “best interests of the children” statutory factors.

* Child Support

Child support is a right belonging to the child. Parents cannot waive away their child’s right to support, nor agree to non-payment. The court has the ultimate determination over the amount of child support. Florida courts have held that agreements waiving a duty of support are void as against public policy. Child support and the right to have a meaningful relationship with a parent belong to the children, not the parent; so a parent cannot bargain away those rights.

* Alimony / Spousal Support

Alimony is spousal support pursuant to a divorce. Florida recognizes two types of alimony: permanent alimony, and rehabilitative alimony. Alimony is awarded in a divorce when there is a need, and an ability to pay. Permanent alimony may be awarded in a long term marriage and when permanent alimony is awarded it can be either periodic or in a lump sum amount depending on the necessary facts and circumstances. Rehabilitative alimony may be awarded in a short term marriage when one party needs support to go back to school, or obtain employment. Alimony is generally tax deductible to the payor and includable in taxable income to the payee.

* Paternity

If you have children without marriage, an action for paternity can establish the child support and time sharing schedule order for the parties. A petition and answer is filed, and mandatory disclosure is required, just like in a divorce. Discovery is also permitted. Recently, Florida law provides for paternity disestablishment. It is gender specific and provides only that only the alleged father may disestablish paternity. When children are born during a marriage, there is a presumption that the children are the children of the legal father and mother.

- Estate Planning

After practicing estate and family law for over 21 years, Attorney Teresa Abood Hoffman is uniquely qualified to provide legal counsel, planning and advice to families. Ms. Hoffman's primary practice in family, probate and estate law allows her to help families plan for many years. Her relationships with her clients don't end after the first will. She continues to help families plan through marriages, children, divorce, businesses, employment, gift and estate taxes, estate plans large and small, and probate and trust administration, to make certain that her clients make important legal decisions before a crisis arises.

- Probate

Attorney Teresa Abood Hoffman manages the probate division, with her law degree (J.D.) cum laude from Thomas M. Cooley law school in Lansing, Michigan, and a Masters of Law Degree (LLM) in Estate Planning from the University of Miami. After practicing probate law for 20 years, she is uniquely qualified to provide legal counsel, planning and advice to families. Ms. Hoffman is licensed to practice law in the states of Florida and Michigan, and is an active member of the Florida and Michigan Bar Associations. Don't wait to have the court make your important probate decisions, talk to our Miami Probate lawyers today to make sure your planning choices are the best choices you can make, and that they are legally binding.

- Insurance Law

The Law Offices of Hoffman & Hoffman, P.A. provides litigation defense for the insurance industry. The attorneys at the Law offices of Hoffman & Hoffman, P.A. have been providing legal advice and representation to insurance companies and self-insured corporations throughout Florida for more than 20 years. We handle cases involving personal lines and commercial lines.


- Employment Law

Our labor and employment law lawyers work hard to help each client reach the best possible outcome as quickly as possible. While this may happen through pre-trial negotiations or in mediation, the employment law attorneys are trial attorneys and try cases when an otherwise reasonable solution cannot be reached with an employer. The firm's labor and employment law lawyers represent clients in a wide variety of employment and discrimination actions including:

• Whistleblower Actions
• Sexual Harassment
• Wage and Hour Claims (Fair Labor Standards Act)
• EEOC
• Employment Contract and Agreements
• Discrimination Claims: Age Discrimination, Race and Color Discrimination, Pregnancy Discrimination
• Americans With Disabilities Act Compliance Actions
• Family Medical Leave Act FMLA
• Retaliation Claims
• Equal Pay Act Claims

* Whistleblower

The Florida whistleblower statute contains protections where an employee complains in writing to an employer, as well as, certain situations where the employee provides no notice to the employer prior to initiating a lawsuit. The Florida whistleblower statute also provides an employee protection where he or she has testified, or has agreed to testify before a court or other governmental entity regarding an investigation into the employer's violation of a regulation, rule, or statute.

* Sexual Harassment

Any unwanted sexual advance or conduct that interferes with a person's work performance, is used as a condition of employment, or is used for making a personnel decision such as getting a raise or promotion can be considered sexual harassment. The most common form of sexual harassment is where the victim's experience is a "tangible employment action" taken against them which means that they were promoted, demoted, given a raise or not given a raise as a result of the sexual harassment. Sexual harassment can be from customers, union representatives, or members, co-workers and supervisors. Also, there can be sexual harassment between individuals of the same sex.

* Fair Labor Standards Act

Under the Fair Labor Standards Act (FLSA), commonly known as the “overtime law”, the federal minimum wage for a covered non-exempt employee is $7.25 per hour effective July 24, 2009. There are many types of exempt or non-overtime employment. For example, most employees of airlines such as pilots and line mechanics do not fall within the FLSA's overtime rules. Farm workers, executives, and certain commissioned sales employees are also exempt from the overtime provisions of the FLSA. FLSA requires that covered non-exempt employees receive at least the minimum wage, and at least one and one-half times their regular rates of pay (overtime) for hours worked over 40 in a workweek.

* Employment Discrimination

Employment Discrimination regardless of race, color, religion, sex, or national origin is unlawful in employment. Discriminatory conduct is prohibited by Title VII of the Civil Rights Act of 1964. The law also prohibits an employer, employment agency or labor organization to retaliate against you because you have filed a charge or complained about an unlawful employment practice.

* Toxic Mold

If you suspect you have been exposed to toxic mold at work or in your own home and you are experiencing any of the above symptoms it is important that you talk to an attorney at the Law Offices of Hoffman & Hoffman, P.A. for consultation. In order to determine whether or not your symptoms are caused by toxic mold exposure it is often necessary to obtain the opinion of a physician and a mold expert. Our lawyers have a proven track record of handling mold exposure cases and have the necessary contacts and resources to properly evaluate and pursue your toxic mold exposure case. You may be able to recover your medical expenses, compensation for your pain and suffering, lost time from work, and the replacement cost of your damaged personal or household items.

- Aviation Law

John D. Hoffman Esq. is a Board Certified Civil Trial Attorney who for the past 21 years has handled aviation litigation and aviation transactions for clients in Florida, the Caribbean and South America. These cases have ranged from claims for wrongful death, product failure and contract litigation and negotiation. During his years of practice, John has represented many local and international aviation companies. He has been involved in the following major airline crashes: Suriname Airways (1989); Millon Air, Guatemala (1995); and Haiti Air Express (1996). His most recent speaking engagement was at the National Aircraft Finance Association meeting.

Partners

John D. Hoffman, Esq. Attorney Admiralty and Maritime, Aviation Law, Business and Industry, Employment, Insurance

Teresa Abood Hoffman, Esq. Attorney Alimony, Child Support and Custody, Child Visitation, Divorce, Elder Law

Associates

Seric J. Fallon, Esq. Associate Accident, Bad Faith Insurance, Business Litigation, Civil Litigation, Commercial Litigation

More Information on Law Offices of Hoffman & Hoffman, P.A.

Miami, Florida Divorce Attorneys
Probate Law Firm in Miami, Florida
Miami, Florida Employment Lawyer
Condominium Attorney in Miami, FL
Miami, FL Estate Planning Attorneys
Aviation Law Firm in Miami, Florida
Miami, FL Child Custody Attorneys
Law Offices of Hoffman & Hoffman, P.A. Blog

Office Locations

• USA - Florida, Naples