Posted on May 24, 2024 in Domestic Violence

If you have experienced domestic violence in your marriage, you should strongly consider getting divorced. Domestic violence almost never stops on its own. People who physically abuse their spouses tend to get more and more violent over time and often do not stop until their victims escape–or until the violence turns fatal. If you are filing for divorce after being assaulted by your spouse, you need to take certain steps to protect yourself in case your spouse responds violently when he or she finds out that you are leaving him or her. The presence of domestic violence may affect many areas of your divorce. You need an experienced Miami, FL domestic violence and divorce lawyer to help protect your interests during your divorce.

The Impact of Domestic Violence on Divorce Cases

The court will need to know immediately if your relationship involved physical abuse. You may need to take measures like getting a protection order to get your spouse out of your marital home and keep him or her away from your workplace and other places you frequent. You should also prepare for a contested divorce in case your abuser does not want to let you go peacefully. Parts of your divorce that might be affected if you can show that you have experienced domestic violence include: 

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 Posted on May 09, 2024 in Prenuptial Agreements

If your spouse is a U.S. citizen and you needed his or her status to legally enter the country before getting married, you might not have felt like you had much bargaining power when you made your prenuptial agreement. Sadly, many people who need a "fiancee visa" are unfairly – and unlawfully – coerced into signing a one-sided prenuptial agreement. Having a prenuptial agreement that leaves you with nothing and nowhere to go might make you think that you are trapped in your marriage, no matter how poorly your spouse treats you. Fortunately, if you were coerced into signing an unfair prenuptial agreement to protect your immigration status, a Miami, FL divorce lawyer might be able to have the agreement thrown out.

Was I Coerced into Signing My Prenuptial Agreement? 

This is a common situation for people who immigrate based on their plans to marry a U.S. citizen. You arrive in Miami from your home country and meet up with your fiance, planning to marry in the next 90 days. In fact, your immigration status depends on you getting married to your fiance in the next 90 days.

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 Posted on April 24, 2024 in Child Custody

Contesting, or going to court over, your child custody case is emotionally draining. A Guardian ad Litem might be appointed to help the court understand your family’s unique situation and what kind of arrangement would best serve your children. Florida state law lists some factors that courts should use to decide what custody schedule is in your child’s best interests. If you are going to litigate your child custody case, you need to understand these factors so that you can be prepared for the kinds of questions the judge or Guardian ad Litem will ask. Your Miami, FL child custody attorney can help you understand what each of these factors means and prepare to answer questions.

Child Custody Factors in Florida 

Some of the factors the court will consider when deciding on a child custody arrangement for your family include: 

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 Posted on April 09, 2024 in Divorce

Divorce can be especially hard for those with minor children. Not only must you stand up for your own interests, but you must also fight for the interests of your children. It is important to have an experienced and aggressive Miami, FL divorce and child custody lawyer on your side. Divorce can have a lasting financial and emotional impact on your children - and on you. Parents can take steps like getting mental health care for their children, reducing the amount of conflict they are exposed to, and working with the other parent to establish a plan for custody, support, and co-parenting. Your attorney can help you approach your divorce strategically with your children’s needs in mind.

Steps Parents Can Take to Minimize the Impact of Divorce on Their Children

Steps you as a parent can take to protect your childrens’ interests during divorce include:

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 Posted on March 25, 2024 in Child Custody

Miami is far more heavily populated from late fall into mid-spring than it is during the warmer months. Full-time residents of Miami may call people who spend their winters in Florida “snowbirds.” If you live in another state during the summer months but have established residency in Florida, it may make sense to get divorced and resolve your interstate child custody issues here. You may have certain unique issues in your divorce, especially if you own multiple properties that you rent out or wish to move back and forth from Florida to another state with your children. It is important to be represented by a well-qualified Miami, FL divorce attorney.

Child Custody for Wintertime Floridians

Interstate child custody laws may apply, and your attorney will need to carefully navigate your case to ensure that the Florida courts have jurisdiction over your child custody issues. The best interests of the child are the legal priority. If one or both of you spend different seasons in different states, relocation with a child may become an issue that needs to be addressed. Your plan for co-parenting will need to address things like maintaining continuity in the child’s education.

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 Posted on March 11, 2024 in Divorce

Self-employment, or working as an independent contractor, is particularly common in South Florida, where a large number of people work in the entertainment, arts, or tourism industries. Most people who work as DJs, performers, photographers, or event vendors, are considered self-employed. If your spouse’s career is based on “gigs” or his or her income tends to vary depending on what events he or she is hired for, your divorce may be a little more complicated. Determining your spouse’s income for the purpose of calculating things like child support can be challenging, and there is a high potential for deception. Your Miami, FL, divorce lawyer will likely need to conduct a significant investigation to ensure that you have an accurate idea of your spouse’s finances before any assets are divided

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 Posted on February 23, 2024 in Divorce

Parental alienation is a serious issue that can have a significant impact on divorce proceedings in Miami. This phenomenon occurs when one parent manipulates their child to turn against the other parent, leading to strained relationships and emotional distress. In the context of Florida divorce, parental alienation can complicate matters and have long-lasting effects on both the parents and the children involved. If you are going through a divorce and you believe parental alienation will be a factor or has already become a factor in proceedings, contact a lawyer right away to get the critical legal assistance you need.

The Many Ways Parental Alienation Can Affect Divorce Proceedings

One way parental alienation can affect a Miami divorce is by causing delays in the legal process. When one parent is actively working to alienate the child from the other parent, it can lead to disputes over custody and visitation rights. This can result in prolonged court battles and increased legal fees, ultimately prolonging the divorce proceedings and causing additional stress for all parties involved.

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 Posted on February 09, 2024 in Guardianship

While guardianship requirements and laws vary from state to state, the underlying importance of the decision is universal. In this guest blog, Meghan Freed, co-owner/founder of Freed Marcroft Divorce & Family Law in Hartford, CT, discusses the main points of why guardianship choices are so important. 

If there is one thing we have all learned in the last few years through pandemics and lockdowns, it is that the future is delicate and uncertain

We can have our plan and path laid out in detail, only to be completely derailed by a life event we never saw coming. Of course, not all of these events will be catastrophic, but being prepared for anything - in advance - will always make these situations easier to navigate.

When children under 18 are involved, one of the most important ways to prepare for the unexpected is to formally designate a legal guardian (or guardians) for your child, in the event that you and your spouse are no longer able to care for them.  This designation should be in writing and signed by all parties in the presence of an attorney.

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 Posted on February 08, 2024 in Narcissist Divorce

Child custody battles can be emotionally challenging and complex, but when one spouse exhibits narcissistic tendencies, the situation can become even more challenging. In Miami, where the divorce rate remains higher than the national average, it is crucial to understand how a narcissistic spouse can complicate the child custody process, especially if you are in the infant stages of legally dissolving your marriage. Remember, regardless of whether your spouse is a narcissist, contact and hire an attorney in Florida as you move forward with the process.

Understanding What Narcissism Is

Narcissism is a personality disorder characterized by a heightened sense of self-importance and a lack of empathy for others. When a narcissistic spouse is involved in a child custody dispute, their behavior can negatively impact the children and the overall custody process.

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 Posted on January 10, 2024 in Property Division

While drinking alcohol in moderation is considered an acceptable practice for adults, drinking excessively can be a serious problem. Sometimes, the effects of a spouse’s excessive drinking can cause a real strain on the marriage and can even lead to divorce. If your spouse has spent large amounts of money drinking and you have had enough, it may be time to call an attorney. Questions such as whether your spouse’s excessive drinking constitutes asset dissipation are important questions to ask your lawyer. If asset dissipation is taking place or has taken place, it may affect the division of assets in your Florida divorce.

Asset Dissipation in Florida 

In Florida, asset dissipation refers to the intentional waste or depletion of marital assets by a spouse during the dissolution of marriage. It typically involves the misuse or exorbitant spending of marital funds, reducing the overall marital estate. However, excessive drinking alone may not necessarily constitute asset dissipation unless it can be proven that the drinking caused financial harm to the marital estate

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