Downtown Miami Family Law Lawyers

Accomplished and Compassionate Family Law Lawyers in Downtown Miami, FL

Deciding to end your marriage and get a divorce is a tough decision for everyone involved. Usually, one party has decided that the marriage is not working anymore, and the other party is in a state of shock. Following this initial decision, tempers can run high, and communication can break down. This can make the path ahead even more difficult, and if there are any children involved, it can be hard to keep them out of the conflict.

When it comes to making important decisions, issues such as who gets child custody, whether or not child support and spousal support will be paid, and who gets what assets will need to be addressed. While both parties may know what they want and how they want to proceed, these desires will rarely align.

The agreements and arrangements that you come to during your divorce can have long-lasting effects on you, your spouse, and your immediate family. This is why we always recommend that you move forward with the help of a dedicated Miami, FL attorney, one who can provide legal counsel and fight for your fair and reasonable treatment. Your lawyer can help fulfill a number of roles, including mediating between you and your spouse, educating you on your rights, and, if necessary, litigating for you in court.

Here at Miami Family Law Group, PLLC, our main goal is to protect you and your family as you move into a new future. We aim to do this as efficiently and with as little friction as possible while still maintaining your rights and needs.

As a family law firm, we have extensive resources that we can call upon to help us. We have financial planners on call, mental health professionals, and access to a whole host of experts.

Schedule a meeting now with one of our Miami family lawyers by calling our law offices today at 305-520-7874.

Divorce in Downtown Miami

The terms included in a divorce order are extremely important, and issues related to child support, alimony, and child custody will often be major points of contention. Navigating these topics without letting emotions cloud your judgment is difficult, and that is where a skilled attorney can help.

Florida is classified as a no-fault state. Essentially, this means there is no need to demonstrate "fault" to get a divorce. This means that one spouse may choose to pursue a divorce, and they can file without the other's permission. The other party in the case will be served with the petition for divorce, and the couple will then begin the divorce process. Following this, both parties are required to disclose important information related to their income, property, and finances.

In downtown Miami, FL, a family court will expect the couple to attempt to reach agreements. They will expect the couple to utilize divorce mediation and, where possible, agree on their terms without court involvement. For many couples, this may simply not be possible, but with the help of a skilled mediator, you may be surprised by what progress you can make.

Sticking to mediation and coming to your own arrangements outside of court allows you and your spouse to avoid expensive court costs and legal fees, and it gives you a better chance of forming an arrangement you are both happy with. If you leave it to the judge, there is a good chance they will decide upon an arrangement that is difficult for both parties to follow.

All decisions that are made in the mediation process will be approved by the judge as long as they are fair and reasonable and in while meeting the requirements set down in the laws of the State of Florida.

In some circumstances, mediation will not necessarily be the best option, and other methods may be used to resolve the outstanding issues in a divorce. In general, this will be the case if a spouse has engaged in or been accused of domestic violence.

Child Custody

When your marriage involves young children, child custody will likely be the number one topic of discussion during your divorce mediation. Parents need to be careful during these discussions, as although both parents may think they are fighting for what is right for their children, it is rare that they will agree on what this looks like.

Remember, family courts in Florida will always look to make decisions based on your children's best interests, as will any attorney that you employ. Conflict during the divorce can lead to serious displacement for the child, and this should be avoided at all times.

Studies have shown that children have the best chance of healthy early development when they have access to both parents, as long as both parents are willing.

In order to prevent your discussions with your spouse from breaking down and becoming unproductive, we recommend seeking mediation. A skilled attorney will prevent the breakdown of communication wherever possible, and if it is not possible, they will end the meeting before tempers are lost.

When a judge makes decisions about how matters related to child custody will be handled, they may consider a variety of issues, including:

• How to minimize disruptions that children may experience in their lives as much as possible.
• The quality of each parent's relationship with their children in the past and how to maintain these relationships in the future.
• Whether both parents can provide the child care necessary to address their children's ongoing needs.
• The preferences of the children, in cases where a judge determines that they are mature enough to express their desires.

Protecting the Best Interests of the Child

In the state of Florida, the needs of the children come before all else. This can mean that the courts will look to ensure that children can live in an environment that will foster their development, education, health, and well-being.

However, for most couples, the courts will want there to be shared custody arrangements. In shared custody arrangements, both parents have an equal say in any of the important decisions that need to be made in regard to the child.

Alimony

Spousal support, commonly known as alimony, may consist of weekly or monthly payments made by a spouse to the other party after their marriage ends. This support is designed to help spouses who have sacrificed a lot for their marriage, such as a career and education potential, to get back on their feet.

When making decisions about whether a spouse is eligible to receive alimony, a judge may review relevant information about the case, including:

• Each party's financial resources, including their income and assets
• The standard of living the family was used to while the couple was married
• The age and health of both spouses and how these factors may affect their financial status
• Each spouse's education, training, employment history, and other factors that may affect their income-earning abilities
• The time that may be needed for a spouse to pursue education or receive training that will allow them to pursue employment
• The total amount of time the couple was married

Whether you wish to receive alimony or you wish to respond to your spouse's request for alimony, you should speak to an attorney. They will be able to ensure that whatever is awarded is fair and reasonable.

Post-Divorce Modifications

Once a divorce has been finalized, the divorce decree is legally binding. However, in the years following a divorce, the orders decreed by the courts may no longer be manageable or sensible.

The orders put in place by the court during a divorce are legally binding. You must follow these orders, or you may be held in contempt of court. This means you cannot stop paying child support or alimony, for example, even if your circumstances have changed,

Instead, you may need to apply for a modification. Your downtown attorney can help you with evidence that your change in circumstances means that the order should be changed.

Strong evidence of a change of circumstances must be provided when seeking a modification. This evidence may show that:

• An ex-spouse has contracted a serious illness or become disabled.
• New facts have been uncovered that were not properly considered during the divorce process, such as actions taken by one party to hide assets.
• The loss of a job has affected an ex-spouse's ability to meet their financial obligations.
• A parent who shares custody is planning to relocate to a different city or state.
• A new work schedule has made it difficult to follow the time-sharing schedule put in place by the court.
• Children have experienced changes that require adjustments to how parents share custody.

When it comes to a modification, things will go a lot smoother if both you and your spouse agree on the modification. This means it may be a smart idea to seek further mediation and attempt to come to an arrangement. If you are willing to agree on the terms of the modification, you can file a petition together and have it reviewed by a family law judge.

If your ex-spouse does not agree with the modification or is arguing against it, you will need to take the case to court and present a compelling argument backed up with evidence as to why you need the modification.

Our lawyers will be able to work with you and your spouse, and they will assist you in compiling the evidence to back your claims. They will then put forward your case in the best way possible, making it more likely that the judge will agree.

Enforcing Court Orders

At our Miami-based law firm, we have worked with numerous clients over the years, and our relationship does not simply end when the divorce is finalized. If, further down the line, your ex-spouse starts neglecting their duties, such as paying child support or alimony, we can help you enforce your order.

We will begin by speaking to your ex-spouse, informing them how important it is to follow the court's orders. We know that circumstances can change, and if they are struggling with payments, we will discuss payment plans or other measures. Remember that the money they owe you will never disappear, so you will receive it eventually.

If your ex-spouse does not cooperate and continues to violate the court's orders, then your attorney will work with you and inform the courts of their actions. A family law judge has the power to garnish wages and seize property, and in the most extreme cases, they may issue a warrant finding that an ex-spouse is in contempt of court.

Prenuptial Agreements

A prenup or a prenuptial agreement is a document that is drawn up and signed before the marriage that allows individual parties to address certain financial concerns. While no one wants to consider the fact that they may divorce, this can be a smart decision if you own significant assets, as it protects them from the division of assets upon divorce.

A prenuptial agreement may be a good idea if:

• Either spouse owns significant property or expects to inherit money or assets in the future.
• Either spouse is a business owner.
• Either spouse has one or more children with a former spouse or partner.
• There is a significant disparity in the income earned by the spouses.
• Either spouse is entering the marriage with large amounts of debt.

Paternity

When it comes to family law, the rights awarded to mothers are pretty clear and naturally established. For fathers, things are not always so clear.

If a mother was married when she gave birth to a child, her spouse will be automatically assumed to be the legal father. Things get more complicated when the parents were not married at the time of birth. In this situation, paternity will need to be legally established before the father will have rights as the child's legal parent.

Establishing that you are the father can happen in two ways. The first is by having both parents sign an agreement that states you are the legal father. The second way is to file paternity suit that asks the court to recognize you as your child's legal father.

Your South Florida, downtown Miami lawyer can help you take steps to establish paternity. This can be an important step that will protect your rights and the rights of your child. Benefits that your family can receive after establishing paternity may include:

• You can make sure you are the father of your child before establishing child support orders.
• You may be able to share custody of your child as a legal parent.
• Your child may receive benefits like health insurance through either or both parents.
• Your child will have the right to receive an inheritance from you.

At the other end, if you do not think you are the biological father of the child, you may wish to argue against a presumption of paternity. Your attorney will assist you in seeking a DNA test or looking at other forms of evidence. We may also talk to witnesses and ask for their testimonials. If you do not have a biological relationship with a child, you should not be legally required to pay child support.

Guardianship

It may be necessary to establish guardianship for a minor child or a disabled adult who cannot make certain decisions for themselves. This will give a guardian the authority to address certain issues on behalf of a ward.

Often, guardianship is established if the parents of a child are incapable of making important decisions on behalf of their child. This may happen if they are incapacitated or suffer from disabilities that affect their ability to handle financial matters or care for themselves. By law, the guardian has to make decisions that are in the best interest of the ward.

When pursuing guardianship of a child or adult, you must present a compelling case, backed by evidence, to the courts. Your downtown Miami family law lawyer will help you put this together.

Types of Guardianship

There are several different types of legal guardianship, each with their own rights in terms of the decisions they can make on behalf of the ward. These include

• Guardianship -Gives the right to address health and medical matters.
• Conservatorship -Gives the right to address financial concerns on behalf of the ward.
• Temporary Guardianship -Gives the right to make decisions for a ward on a temporary basis and for specific purposes.
• Limited Guardianship -Gives the right to make necessary decisions while ensuring that the ward can address certain issues on their own.
• Testamentary Guardianship -Gives the right to act as the guardian of a minor until they reach adulthood.

Why Choose Miami Family Law Group, PLLC?

With over 30 years of experience dealing with family law cases, divorce cases, property division, and more, we have the experience, the knowledge, and the past victories under our belts to help our clients seek favorable outcomes in their family law matters.

We Have Experience Helping Families

We are family-focused, and we ensure that the needs of any children are fully met and considered. Our main aim is to protect them from conflict while moving the process on as quickly as possible.

We Have Extensive Knowledge and Experience and Invaluable Skills

With multiple decades of experience and countless success stories, we are uniquely prepared to support our clients. Our attorneys are exceptional mediators, and we are equally as skilled in litigation, meaning we are prepared to handle your case, no matter the direction it takes.

Contact a Downtown Miami Divorce and Child Custody Lawyer

Family law issues and marital law often involve a lot of emotion, and guidance from a legal professional can help you make decisions from a place of clarity. At Miami Family Law Group, PLLC, we will listen to your concerns and address your specific needs, providing you with support throughout the entire legal process.

We have been helping people in similar situations to you for over three decades. During this time, we have continually advanced our skills in mediation and civil litigation, and we have built relationships with trusted experts who can ensure that the case for your rights is as strong as possible.

Arrange a consultation today by contacting us at 305-520-7874.