Coral Gables Family Law Attorneys

Accomplished and Caring Lawyers for Family Matters in Coral Gables, Florida

Divorce is often a long and difficult journey, and it can be incredibly difficult to separate your life from someone who you have a home and children with. The outcome of your divorce decree, in particular, the outcome on legal matters such as child custody and property division, will have a big impact on your future. Therefore, it is important that you have representation from an experienced family law attorney.

At Miami Family Law Group, PLLC, we have over three decades of experience in family law matters such as divorce, child custody, paternity, guardianship, prenuptial agreements, post-divorce modifications, spousal and child support, and more. We will move your case forward at a steady pace without ever compromising on your rights and needs.

We will keep you informed and engaged at every stage of the process and will provide you with the knowledge and resources you need to move on to an exciting new chapter of your life.

We have an extensive professional network to draw upon, from mental health professionals to financial planners, and this allows us to help clients with even the most complex cases.

Our goal is to empower you to transition to a new life with confidence and peace of mind.

Schedule a meeting now with one of our Coral Gables family lawyers by calling today at 305-520-7874.

Divorce Proceedings in Coral Gables, FL

Decisions made in a divorce decree must be made with great care, as the outcome of legal matters such as child custody, child support, alimony, and property division could have a big impact on your future.

In Florida, couples are usually expected to try and come to decisions amicably before asking the court for judgment. At Miami Family Law Group, PLLC, all of our attorneys are trained mediators and will help you and your ex-spouse come to agreements wherever possible.

There are circumstances where you may not be required to attend mediation sessions, such as if you have suffered domestic violence at the hands of your ex-spouse. If this is the case, then an experienced attorney can help you evidence your claims and will ensure that your experiences are considered in the drafting of your divorce decree.

Apart from often being required by the court, mediation has many benefits. First, it helps you and your ex-spouse maintain a healthy relationship, which is especially important if you have children. Successful mediation also saves time and money on lengthy court proceedings and gives space for personalized arrangements that fit in with life. All decisions will need final approval from the Judge overseeing your divorce case to ensure that they are in line with Florida family law.

If there are any issues that you and your ex-spouse cannot agree on, then you will need to attend trial hearings so that the Judge can review your case and make judgments. The divorce lawyers at our law firm are also experienced litigators and will always be prepared to advocate for you in front of a Judge if necessary.

When you enlist the help of an experienced family law attorney at Miami Family Law Group, PLLC, you can be confident that you are doing everything possible to protect the rights and interests of you and your children.

Child Custody Cases

Child custody is often one of the most contentious family law issues. Any decision that involves children must be made with their best interests at heart, which usually means finding a balance between keeping both parents involved in the child's life and creating stability.

It is important to be aware of the emotional impact divorce can have on children, and you should protect them as much as possible by not talking about the divorce with them. You should also refrain from speaking badly about your ex-spouse in their presence.

A good Coral Gables family law attorney will be open and honest with you and will help ensure that your children's needs are always prioritized.

Child Custody Laws in Florida

According to Florida family law, all decisions must be made based on the child's best interests. This means ensuring that the child is cared for and has full opportunities for education and growth. Usually, both parents will form a shared parenting plan.

A parenting plan will describe how the parents will share responsibility for the child. Generally, both parents will keep the right to make important decisions on their child's behalf, such as religious, educational, and health care decisions. It will also specify the time the child will spend with each parent and who is responsible for school-related matters and health care.

The only reason why one parent would lose their right to spend time with their child is if they pose a risk to their wellbeing. In this situation, the other parent may be awarded sole parental responsibility. However, they may still have to facilitate visitation with the other parent, although it needs to be supervised.

To determine a parenting plan that is in the child's best interests, the court may consider factors such as:

• Creating as little disruption to your child's life as possible.
• The ability of each parent to meet their child's needs.
• The relationship each parent had with their child before the divorce.
• In some cases, the court could also take the children's preferences into consideration.

Paternity

The rights of the mother are naturally established. However, establishing the rights of the father can sometimes be more complicated. If the father is married to the mother when she gives birth to their child, he will automatically gain paternity rights as the presumed father. However, if the father is not married to the mother, then he may need to seek the help of a family law lawyer to establish paternity.

Paternity can be established by an agreement being signed by the mother and father. If this is not possible, then you may need to request the court to name you as a legal father, which could involve DNA tests.

Once you have established paternity, you will be entitled to parenting time with your child. It may also have additional benefits to the child, such as health insurance or the right to inheritance. Or, if you don't believe you are the father, then you may need an attorney to help you disprove paternity. This could involve DNA tests, witness testimony, and travel and phone records. If you are not the father, then you should not be legally obliged to pay child support.

Guardianship of a Minor Child

Guardianship is a legal relationship that allows a guardian to make decisions on behalf of a ward, who is someone who is not able to make those decisions for themself.

A common form of guardianship is on behalf of a minor child whose parents are unable to make decisions on behalf of their child. This may become necessary in the event of a parent's death or illness or if they lose their parental rights due to the risk they pose to their child's wellbeing.

A guardship relationship can also be established for an adult who has a mental disability or illness. In this case, the guardian may be required to make financial decisions, medicinal decisions, or both.

If you are seeking guardianship of a child or of a mentally incapacitated adult, then Miami Family Law Group, PLLC can help. We will help you establish the appropriate type of guardianship based on the needs of the ward and will help you establish why it is necessary. Guardianship cases can be complex, but we will help make sure that everyone's rights are protected.

Alimony

Alimony (also known as spousal support) is financial support that one spouse is required to give another after divorce. Usually, if alimony is court-ordered, it is to help ensure that the lower-earning spouse has the financial resources to support themselves after divorce.

Spousal support is usually given for a specific duration of time. For example, it may be awarded for the amount of time it could take for the receiving spouse to undergo education or training in order to move into paid employment.

When determining alimony, the court may consider factors such as:

• The age of each spouse.
• Duration of the marriage.
• Their prior standard of living.
• How much separate property each spouse owns.
• The ability of each spouse to earn money.
• The mental and physical health of each spouse.

Whether you are hoping to secure alimony payments from your ex-spouse or it is being requested from you, having an attorney can help ensure a fair decision is made and that your needs are considered.

Property Division in Florida

Florida is an equitable distribution state. All marital property, which is anything acquired by each spouse over the course of the marriage, will be equally divided between both spouses unless a Judge determines that there is justification for unequal distribution.

When determining property division, the Judge may consider factors such as:

• The length of the marriage.
• Whether one spouse contributed to the career or education of the other.
• The contributions made by each spouse to the marriage, such as childcare and homemaking.
• The financial circumstances of each spouse.
• Any other factors the Judge deems relevant.

Narcissist Divorce

The beginning of a relationship with a narcissist is often amazing and full of grand gestures. However, overtime it may become increasingly abusive or difficult. Narcissists are defined by a lack of empathy, a sense of entitlement, a habit of belittling others, and delusions of grandeur. They may appear confident, but deep down, their self-esteem is low, and they may refuse to accept criticism.

If you are divorcing a narcissist, then they are likely to try and manipulate the situation to get what they want. In the most serious cases, a narcissist could become dangerous as they may begin to behave unpredictably.

It is, therefore, essential to have the guidance of an experienced family law attorney who understands how to set boundaries with them so that they are not able to control the situation.

Prenuptial Agreements

A prenuptial agreement is an agreement that a couple enters before marriage to dress ownership of assets. A prenup may feel unromantic; however, if you have other children or significant assets, then it could be an important decision.

A prenuptial agreement could be particularly beneficial if:

• One or both spouses own a business or own a considerable stake in one.
• One or both spouses have children from a previous relationship.
• One spouse earns significantly more.
• One or both spouses have significant assets.
• One or both spouses may inherit significant assets.
• One or both spouses have significant debt.

Divorce Decree Modification

Even if you took the greatest care when formulating your divorce decree, sometimes life gets in the way, and your obligations can become unmanageable.

It is important to remember that you cannot simply stop abiding by court order because it no longer works for you, instead, you should speak to a family law lawyer who can help you file for a post-judgment modification

In order to change a divorce decree, you will need to file a petition for modification along with evidence for why it is necessary. Some common justifications include:

• You change or lose your job, and your child support orders become unmanageable.
• You uncover new facts that should have been taken into consideration in your divorce decree, such as hidden assets.
• Developing needs of a child.
• You develop obligations that make the current parenting schedule difficult.
• Either parent or a child develops a disability or illness.
• One party moves to a new state.

Before filing for a modification, it is important to try and agree on the new terms with your ex-spouse by using mediation. Mediation protects your relationship and allows you to produce a document that must then be approved by a Judge. If you cannot agree, then you will need to take the case to trial.

Your family law attorney will ensure that you have sufficient evidence to support your case. They will help you and your spouse mediate an agreement, and if this is not possible, they will advocate for you in court.

Enforcement of a Court Order

If your ex-spouse fails to pay alimony or child support payments, then you should seek help from a family law attorney who can help you reach a resolution. They will first try to mediate and help you and your ex-spouse agree on a payment plan. It is important to give them an opportunity to explain why they missed payments.

If your ex-spouse refuses to mediate or pay what they owe you, then your attorney will help you take legal action. Child support payments or alimony payments never disappear, so they will need to pay you what they owe you eventually. A judge may garnish their wages or a tax refund, or they could seize property to ensure you get what you are owed. A Judge could also find them in contempt of court, which carries potential jail time.

How to Find the Best Family Law Attorney in Coral Gables, FL

A good family law attorney should create a space where you feel supported. They should take a holistic approach to your divorce, which prioritizes the needs of your children and utilizes mediation. It is also important that your attorney is prepared to litigate on your behalf.

Miami Family Law Group, PLLC has been helping people in Florida with family law matters for over three decades. Our narrow focus means that we work with people in similar positions to you on a daily basis. Our Miami family law attorneys are always updating their skills so that we can offer the best legal services to our clients. Regardless of the complexity of your case, we have the skills, experience, and resources necessary to help.

Speak to a Coral Gables Family Law Lawyer Today!

Divorce and other family law matters are often highly emotional, so it is important that you have support from a lawyer who is supportive of your needs and will not compromise on your rights.

At Miami Family Law Group, PLLC, we have over 30 years of experience to draw upon and a long list of happy clients. Our goal is for you to transition to a new life in confidence.

Arrange a meeting with a Coral Gables family law attorney today by calling 305-520-7874.