Posted on December 10, 2024 in Divorce

Florida law governs divorce and all its issues, including alternative divorce resolutions like mediation and collaborative divorce. Divorces may be uncontested or contested. An uncontested divorce occurs when both spouses agree on every issue, including the allocation of parental responsibilities, asset division, and spousal support. While a fair number of divorces begin as uncontested, relatively few end up this way. A divorce that begins as uncontested can quickly become contested and even hotly contested.

The majority of divorces have at least one or more areas of disagreement, and while more than 90 percent of all divorces are eventually settled out of court, this does not mean they are settled without some friction. Some Florida family law attorneys utilize the PEACE process, which lists the order in which each part of a divorce is resolved and how to resolve them more…well, peacefully.

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 Posted on November 27, 2024 in Alimony

Inflation is the rise of the cost of goods and services over time. It is why people have to pay more now for everyday items like food, gas, and housing than they did in the past. In Florida, inflation can greatly affect divorce cases, especially when it comes to alimony payments.

Alimony is meant to help the lower-earning spouse maintain a similar standard of living to what he or she had during the marriage. However, as the cost of living increases due to inflation, alimony payments can be impacted in both positive and negative ways. To find out more about how inflation might impact you, speak with an experienced Miami, FL family law attorney.

How Does Inflation Impact Alimony?

When there is inflation, there is an increase in the general cost of living. That makes it harder for people to pay for the things they need. Inflation can also impact alimony payments, with both sides potentially suffering.

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 Posted on November 13, 2024 in Child Custody

Miami residents enjoy the warm weather and beaches that the city is famous for. However, anyone who lives there also knows that hurricane season can have a major impact on many aspects of life. Plans can quickly change and people need to adapt and change course when a dangerous storm hits.

Hurricane season can create unique challenges for divorced parents with shared custody. The good news is that many other parents have handled similar challenges before, and a knowledgeable Miami, FL custody attorney can prepare you for issues you may not have otherwise anticipated and help you navigate complications that might arise.

Changes to the Visitation Schedule

During hurricane season, plans and schedules might need to change with little notice, and visitation schedules are no exception. It might be impossible for a parent to travel to pick up their child when they are supposed to if there is a hurricane raging and the roads are unsafe. A parent might be unable to accommodate the child on his or her appointed day if a storm has knocked out their power or their home has been damaged.

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 Posted on October 21, 2024 in Paternity

In Florida, paternity can be established in various ways. When a straight, married couple has a baby, the wife is considered the mother, and the husband is considered the father without either parent needing to prove their relationship to the child.

When a couple is not married, it can be slightly more complicated. The woman who gave birth is automatically considered the mother and her name will appear on the baby’s birth certificate. The father’s relationship needs to be proved through a DNA test, which can happen with both parents’ consent or against one of their wishes through court orders. If you want to prove you are the father of a child whose mother is trying to keep you away, contact an experienced Miami, FL family law attorney for help.

How Is Paternity Established for Unmarried, Willing Parents in Florida?

A biological mother is recognized no matter what happens. When she gives birth, she is automatically legally considered the mother. When two unmarried parents have a child, they can fill out a form known as a Paternity Acknowledgement in the hospital at the time of birth. The father’s name will appear on the baby’s birth certificate alongside the mother’s, and he will be eligible for parental rights and responsibilities. If unmarried parents decide to establish paternity after the birth anytime until the child turns 18, they can fill out an Acknowledgement of Paternity Form in the presence of a notary public or two witnesses.

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 Posted on October 08, 2024 in Divorce

When a couple in Florida decides to get a divorce, there are several steps they need to go through before their marriage is officially and legally over. One of the most important stages is called the discovery process. During this stage, both spouses have the chance to get essential information from each other to help avoid surprises down the line and to encourage a fair division of responsibilities and marital assets. To learn more, speak with an experienced Miami, FL family law attorney.

Why is Discovery Important During Divorce?

When a couple gets a divorce, they need to draft a settlement that addresses all the ways their lives will now continue separately. Whether they are considering how to split their parental responsibilities, finances, or anything else, it would be impossible to calculate a fair division without having all the necessary information. 

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 Posted on September 26, 2024 in Divorce

If you live in Florida, chances are you know what a snowbird is. No, this article is not about a winged animal that moves around based on weather patterns. In Florida, a snowbird is someone who lives somewhere, generally in the northern part of the country, where winter is harsh and uncomfortable, and who stays in that location during the warmer summer months but moves to Florida for the winter. This is not a type of vacation but rather a lifestyle where a person has two residences: one in a location with cold winters, the other in Florida.

It is easy to imagine why this might be such a popular lifestyle choice for many Americans.

However, there can be complications involved when someone splits their time between two locations, especially during legal proceedings like divorce. This article will discuss Florida residency requirements for divorce purposes. If you are a snowbird considering divorce, speak with an experienced Miami, FL divorce lawyer to learn more.

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 Posted on September 12, 2024 in Divorce

When people get divorced, one of the most commonly asked questions is who gets to keep the house. Some people own cars, artwork, family heirlooms, and significant stocks, but for many people, their home is the biggest asset they own. It can be emotional and stressful trying to figure out who gets to keep it. Since Florida follows an equitable distribution model for dividing marital assets in a divorce, there is no one right answer. A knowledgeable Miami, FL family law attorney can explain your options and offer useful guidance.

How Does Florida Law Handle Property Division?

The simple answer is there is no simple answer. There is no law stating that the husband or wife always gets to keep the house. Instead, Florida law has two categories for the property that a couple has:

• Marital property: Anything either spouse acquired during the marriage is considered the couple’s property.

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 Posted on August 21, 2024 in Divorce

If you are a stay-at-home parent in Florida, you might be feeling anxious about how divorce can affect your life. It is normal to have concerns about financial stability, custody, and your future. However, understanding Florida’s divorce laws can help alleviate some of that fear. There are legal protections and resources designed to support you during this transition. A qualified Miami, FL family law attorney can explain why financial concerns should not keep you in an unhealthy marriage.

Equitable Distribution of Assets in a Florida Divorce

Florida law follows an equitable distribution model for dividing marital assets. What that means is that all property and debts accumulated during the marriage are divided fairly in divorce, not necessarily equally. As a stay-at-home mom, you are entitled to a fair share of the marital assets, which may include the family home, savings, and other investments. Equitable distribution is determined by several factors, including:

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 Posted on August 12, 2024 in Domestic Violence

Dealing with an abusive ex can be incredibly challenging. It becomes more problematic if you have children together. As a parent, you want to protect your children from domestic violence while trying to manage the emotional and legal impact on your family. If you are trying to navigate a situation like this, speak with a trusted Miami, FL family law attorney to understand your options.

Legal Steps to Take

Abuse can come in many forms, including physical, emotional, and verbal, and it can have a significant impact on your children. If your ex is abusive, you need to take action to protect yourself and your children. Some of the legal steps you might consider are:

• Requesting a restraining order: In Miami, you can apply for a restraining order if you fear for your or your children’s safety. This enforceable legal document has the legal authority to prohibit your ex from contacting you or coming near you and your children. If you have evidence of abuse, this can help support your request.

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 Posted on July 25, 2024 in Family Law

A new Florida law took effect on July 1, 2023, that revised the laws governing the establishment of paternity. The goal of the new law is to give unwed fathers the same rights as fathers who are married to their child’s mother. Parental rights that were once the sole purview of an unwed mother now extend to unwed fathers as well. The previous law left unwed fathers with no clearly defined parental rights. Once paternity is established under HB 775, full parental rights are granted to the father – the same rights as the child’s mother.

Unwed fathers who may have felt as though they had no real place in their child’s life or future could benefit from speaking to a knowledgeable Miami, FL paternity lawyer. Speaking to an attorney ensures these new laws will be applied to unwed fathers with newborns as well as fathers of older children. The details can be sorted out and clearly set forth so all those involved are aware of how these new laws affect them.

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