Skip to Content


  • Family Law

    • What Is the Difference Between Contested and Uncontested Divorce?
      There are two types of divorce in Daytona Beach: contested and uncontested divorce. An uncontested divorce is typically preferred because they can usually be completed with far less hassle and in far less time. However, to go through the uncontested divorce process, the couple must reach an agreement on all significant divorce-related issues. These issues include: • Property division • Debt allocation • Alimony • Child support • Child custody • Visitation When there is disagreement over one or more of these issues, the couple will need to go through the contested divorce process. In such cases, the couple will either need to hire a divorce mediator to help them through the negotiation process or have the family court decide for them.
    • How Are Child Support and Alimony Calculated in Florida?
      If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
    • What Is Domestic Violence?
      Domestic violence in Florida refers to a variety of abusive behaviors that result in the harm of another individual who is a family or household member. That includes current or former spouses, individuals related by marriage or by blood, those who have previously or are currently residing together, and parents who had a child together. Typical forms of domestic violence in Daytona Beach include: • Stalking • Kidnapping • Sexual assault • Assault • Battery
    • What Can Enforcements and Injunctions Be Used For?
      In general, enforcements and injunctions are court orders that demand one party perform or refrain from a particular action. Within family law, injunctions, or restraining orders, are usually issued to protect spouses and children from an abusive spouse or parent. When one party fails to keep the obligations of a family court order, the other party may request an enforcement to ensure that the order is upheld. Enforcement proceedings are commonly used when one party fails to keep the terms of their: • Alimony agreements • Child support payments • Child custody arrangements • Property division settlements • Modification orders • Visitation agreements
    • What Are the Benefits of Divorce Mediation?
      Mediation is the process in which a neutral third-party helps couples negotiate the terms of their divorce. Settling divorce disputes through mediation offers several benefits, including: • Reduced costs • Faster results • Greater control • Less stress • Increased convenience • Confidentiality • Preservation of relationships To learn more about the mediation process and whether it is right for you, reach out to our mediators in Daytona Beach today.
    • What Is the “Child’s Best Interests” Standard in a Child Custody Case?
      Child custody cases in Florida are determined by the best interests of the child. As a general rule, the courts hold that ongoing and frequent contact with each parent is a child’s best interest. However, this is not necessarily the case if a judge has reason to believe that contact with one or both of the parents could be to the child’s detriment. To determine the best interest of a child, the court considers several factors, including the health and safety of the child, the child’s emotional and developmental needs, the moral fitness of the parents, as well as the ability of the parents to communicate and co-parent. Having examined these factors, the court will make a decision about the type of custody arrangement and parenting plan that is best for the child.
  • Criminal Defense

    • If I’ve Been Arrested, What Rights Do I Have?
      In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
    • Why Should I Hire an Attorney to Represent Me?

      In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.

      We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.

    • What Are the Differences Between a Misdemeanor and a Felony?
      Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
    • What Happens Now That I’ve Been Charged With an Offense?
      The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.