Miami, Florida Divorce, Family, Estate Planning, Probate, Employment, Aviation and Business Law Firm
Other Offices: Naples (FL)
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Law Firm OverviewHoffman & Hoffman, P.A. is a multi-faceted law firm with multiple office locations in the state of Florida. The firm provides services in personal injury, criminal defense, and family law to clients throughout Florida. The firm’s partners alone combine nearly 50 years of legal experience between them and their extensive staff of expert attorneys have the skill and the experience to take on a large variety of cases of all levels of complexity.
The team at Hoffman & Hoffman has helped countless clients with a wide variety of legal matters, such family law, employment law, and estate planning and administration. The firm is also adept at handling the notoriously difficult process of probate. The firm is well-equipped to handle even the most complex cases within these fields. Additionally the firm also has experience dealing with aviation law cases and all manner of aviation litigation.
No matter what your case may involve, chances are the attorneys at Hoffman & Hoffman can help. Whether you are going through a messy divorce, are being discriminated against or harassed at work, or trying to plan for an uncertain future, the firm’s attorney will make sure that your case is handled with complete transparency. The firm prides itself in being able to provide its clients with the highest level of service and personalized attention at every step of the way, as well as a results-driven approach that seeks to resolve cases as efficiently as possible while still achieving the best possible outcome.
Year this Office was Established: 1994
Areas of Law
- Aerospace Law
- Appellate Practice
- Aviation Accidents
- Aviation Law
- Bad Faith Insurance
- Business Litigation
- Child Custody & Visitation
- Child Support
- Civil Litigation
- Collaborative Law
- Domestic Violence
- Elder Law
- Employee Benefits
- Employees Rights
- Estate & Trust
- Estate Planning
- Family Law
- Federal Law
- FLSA Overtime Claim
- Homeowners Association
- Human Resources Law
- Inheritance Law
- Insurance Defense
- Insurance Fraud
- Juvenile Law
- Landlord & Tenant Law
- Local, Municipal & State Law
- Medical Insurance
- Personal Injury
- Personal Property
- Pre-nuptial Agreement
- Premises Liability
- Product Liability
- Product Liability Litigation
- Qui Tam False Claims Act
- Real Estate
- Sexual Harassment
- Tax Planning
- Toxic Mold
- US Federal Courts
- Workers Compensation
- Wrongful Death
- Wrongful Termination
Additional Areas of Law: Simplified Divorce; Uncontested Divorce; Military Divorce; Flat Fee Divorce; Time Sharing; Resident Agent; Separate Maintenance; Annulment; Recovery of Attorneys Fees; Revocable Living Trust Agreements; Irrevocable Life Insurance Trust Agreements (ILIT); Long form Wills -- Pour-over Wills; Declaration of Pre-need Guardian; Living Wills; General Durable Power of Attorney; Trust Amendments, Restatements, and Will Codicils; Designation of Health Care Surrogate; Special Needs Trusts; Estate and Gift Tax Planning; Transfer Documents and Assignments; Personal Property Special Instructions; Probate and Trust Administration; Probate Litigation; Late Notice of Claim; Concurrent Cause or Efficient Proximate Cause; EUO: Examination Under Oath; Employment Contracts and Agreements; Overtime Law Fair Labor Standards Act; Age Discrimination; Pregnancy Discrimination; Equal Pay/Compensation Discrimination; Race and Color Discrimination; Disability Discrimination; Retaliation in the Workplace.
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.
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 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.
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.
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)
• 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
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.
- The Florida Bar
- Dade County Bar Association
- Florida Bar Association
- Michigan Bar Association
Mr. John D. Hoffman, Esq.
Admiralty and Maritime, Aviation Law, Business and Industry, Employment, Insurance
Ms. Teresa Abood Hoffman, Esq.
Alimony, Child Custody and Visitation, Child Support, Divorce, Elder Law
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