If you are filing for divorce, or have been served papers yourself, it is normal to feel overwhelmed. Trying to navigate complex family law issues can be stressful. But you don't have to go through these challenging times alone.
Florida is a no-fault state, which means that you and your spouse can make the decision to divorce without anyone needing to take full responsibility for the termination of the marriage.
However, you may feel that your spouse is wholly responsible for the breakdown of the relationship and therefore an at-fault divorce is more suitable.
In any case, securing legal representation from an experienced divorce attorney will support you in ensuring that yours and your children's rights are fully protected under the Florida law.
Why Choose Miami Family Law Group, PLLC?
Choosing to get divorced is never an easy decision, but if your marriage is causing you emotional and mental pain, it may be time to move on.
We at Miami Family Law Group, PLLC are here to guide you through your personal divorce case and any other family law matters, step by step, throughout the entire process.
We are committed to providing dedicated and compassionate legal assistance to women facing family issues in Miami, Florida.
Our skilled and experienced divorce attorneys empower women by providing them with the knowledge of their rights and working with them to achieve the best possible outcome, whatever that may look like.
Marital settlement agreements are legally binding and therefore will have a big impact on both you and your spouse's lives. Your Miami Family Law Group, PLLC divorce attorney will be by your side to ensure that you are happy with any decision that is made before it is finalized.
It is always better to try and come to mutually agreeable outcomes through mediation. However, our team of skilled litigators will fight for your rights in the courtroom, if this is the necessary course of action.
Call an experienced divorce attorney today at 305-916-4053 to schedule an initial meeting.
Divorce In Miami, Florida
Contested Divorce Cases
While some divorces may be simple and easy, it is unlikely that both parties will fully agree on every post-divorce decision.
In the case that the divorcing spouses cannot reach an agreement on their own, the court will be enlisted to divide assets and make child custody arrangements for them.
A contested divorce is a divorce in which a couple cannot mutually agree on the terms of the divorce.
This type of divorce will take longer as each issue that has been contested will need its own individual hearing. Any remaining issues will be taken to trial where a judge will make final decisions based on evidence and witness testimony.
A skilled Miami divorce attorney will prove invaluable under these circumstances as they will be able to support meditation with your spouse before having to attend court, as well as ensure that your voice is heard throughout the proceedings.
Uncontested divorces are simply divorces in which both spouses agree on all of the issues involved.
Unlike a contested divorce, a judge is not needed to make decisions for a disputing couple as the spouses will come to mutually agreeable conclusions regarding the projected outcomes of the divorce.
For a divorce to be considered uncontested in Florida, the couple will need to agree on every issue related to the division of their shared life. This includes debts, child support, child custody, alimony, property division, and any other assets.
In order to ensure this process is as stress-free as possible, a knowledgeable divorce attorney from our divorce law firm will prove invaluable when it comes to the mediation process.
Simplified Dissolution of Marriage
Under the circumstances that both you and your spouse agree on all aspects of the divorce. You may want to consider a simplified dissolution of marriage. This is the quickest way to end a marriage in Florida. However, it may not be available to all couples.
In order to qualify both parties must agree that the marriage is irretrievably broken, there can be no minor children or pregnancy involved in the divorce and neither spouse should be seeking alimony.
In addition, spouses will need to complete a financial affidavit, complete a settlement agreement that divides the division of assets, and attends a final divorce hearing.
One of the knowledgeable divorce attorneys can help you determine if a simplified dissolution of marriage is suitable for you and your case.
Children in Miami, FL Divorce
One of the most challenging aspects of family law cases is child custody. If you are a parent, it is completely natural that you want to maintain full custody of your minor children.
Under Florida family law, both parents have rights. The main focus of any court or your family law attorney will be the best interest of the child. The court will always place children in the environment that best supports their development.
Unless there are specific reasons presented to the judge which suggest this is not safe or suitable, the courts will want to ensure that both parents remain in the child's life.
Both parents will have the opportunity for overnight stays with their children. Parents will need to work together to create a parenting plan that is in the best interest of the children.
This means parents will need to work together to make fundamental decisions about the child's upbringing, including health care and religious practices.
Your divorce attorney at Miami Family Law Group, PLLC will prove invaluable here, especially if you and your spouse cannot agree.
Factors Affecting Child Custody
Before the court makes any decisions regarding custodial issues, they will consider the following questions:
- What is the least disruptive option for the children?
- What age are the children?
- What is the existing relationship between the parents and the children?
- What is the postdivorce plan of both parents?
- Are the parents able to provide for the children?
- What are the preferences of the child?
Refusal To Comply with Child Custody Court Order
You may have suspicions that your ex-spouse will simply ignore a child custody order.
If this is the case, ensure that you enlist the support of a specialized divorce attorney who will use their legal experience to support you in the next steps.
It would be wise to gather evidence by tracking the arranged visits your ex-spouse fails to show up or refuses to give the children to you during your visitation time.
In most family law arrangements, one parent has majority custody. Child support is a legally binding, court-ordered obligation in which the non-majority custody parent provides financial support for the maintenance of the child including their education and health care.
How Is Child Support Calculated In Miami, FL?
In Florida, child support is calculated by estimating the figure a parent would have spent on their child's upbringing had the parents both stayed together.
However, as the best interests of the child are of utmost importance to the court, they will consider many factors before determining child support.
These include:
- Parental income
- Number of minor children shared by parents
- Timesharing and visitation responsibilities
- Cost of any childcare
- Health care costs of minor children
- Cost to cover the children's basic needs
In order to understand what you are entitled to, contact a family law attorney. They will support you throughout the divorce process and have the experience and expertise required to ensure that you can walk away from your marriage knowing your children are going to be properly cared for.
Child support payments ordered by the court are a legal obligation and therefore must be paid.
If there is a drastic change of circumstance, such as loss of job or injury, then the court may allow a reduction or a pause in payments.
However, if the parents paying child support have the means to pay their regular child support and choose not to, they may be found in contempt of court.
There are penalties for willfully neglecting to pay child support which include fines, bank account seizures, suspension of driver's license, income tax refund seizure and even jail time.
If you are experiencing domestic violence it is likely you are feeling very trapped and alone.
The first thing you must do is remove yourself and any children away from immediate harm. If you are married to your abuser or you share children, contact one of our family law attorneys to schedule a strategy session.
In this session, we will work with you compassionately in order to find a solution to the specific requirements of you and your case.
Domestic violence is defined as assault or battery committed against a family member. When an assault is committed against a spouse or ex-spouse, a relative or a housemate, it is considered to be domestic.
It is important to know that when domestic violence is uncovered in divorce cases, it will affect proceedings, especially when it comes to child custody, property division, and spousal support.
At Miami Family Law Group, PLLC, we are here to guide you through the legal process and ensure that you suffer as little stress and trauma as possible. Do not suffer alone. Call one of our divorce attorneys as soon as possible.
Types Of Domestic Violence
Domestic violence has the potential to take many forms. It is important to understand each one of these forms so that you can protect yourself and recognize when this abuse is happening.
The most common types of domestic violence include physical violence, sexual violence and emotional abuse. But threats regarding the children or any other extreme behaviors that evoke fear are considered to be domestic violence in Miami, FL.
Filing For a Restraining Order
We understand that legal repercussions may not be enough to protect you from violence. If you are in immediate danger, call 911.
However, if you find yourself in a situation where you are safe but you fear for your safety in the future, we can support you in reporting a past domestic abuse case or even an “Injunction for Protection Against Domestic Violence.”
This restraining order legally demands your abuser cease contact and violence. They must stay away from you or face jail time.
When this has been filed, the recipient must attend a court hearing at a later date. Contact us today to start the process.
Miami Divorce Lawyer for Women FAQ
Is it possible to be represented by a female divorce attorney?
At Miami Family Law Group, PLLC, we have an experienced team of female divorce attorneys who are dedicated to supporting women throughout their divorce. When you call for your initial meeting, let us know you feel more comfortable working with a female divorce attorney, and we will ensure you get through to the appropriate attorney for you.
How long will it take me to get divorced in Miami, Fl?
Of course, anyone who is going through the divorce process will want to finalize things as quickly as possible so you can move on with your life.
If you and your spouse agree on all issues pertaining to your divorce, a simplified divorce process can be finished in a matter of months.
However, it is more common that spouses will contest at least one element of the divorce decree. If this is the case, it can take more than a year or longer before the divorce is completely finalized.
If you require involvement from the court, proceedings may slow down considerably. Here at Miami Family Law Group, PLLC, we will work hard, through skilled mediation, to ensure that amicable agreements can be made before you reach the need for court.
Do I have to use a Miami divorce attorney if I want to get divorced?
Yes. In Miami, Florida, you may file for divorce without the support from a family law Lawyer.
However, before you make this decision it is important to consider that the outcome of your divorce will heavily impact your future. Important decisions such as property division, child custody and alimony are legally binding, and if you do have specific knowledge and expertise you may be left vulnerable.
In order to ensure that you protect your rights and the outcome of your divorce is reasonable and fair, we strongly recommend you seek legal representation.
How much does it cost to get a divorce in Miami?
There are many factors that will affect the outcome of your divorce. This may include how many contested issues you and your spouse have, as well as how many children you share.
You may want to consider that investing in legal representation at the beginning of your divorce, could mean you are financially stable once the divorce is over.
What if I can't afford a divorce lawyer in Florida?
From our experience, one reason why many women do not hire an attorney is because they are worried about how much it is going to cost.
However, if your ex-spouse earns significantly more than you, the court will recognize this disparity and order them to pay for some or all of your fees.
What happens if I refuse visitation?
Court orders such as visitation plans are legally binding. You may not refuse visitation, even if your ex-spouse has failed to meet their own court orders, such as child support payments.
If your spouse is refusing to meet child support payments, it is important you contact your attorney so they can advise you on what the best course of action is.
Speak to a Miami Divorce Lawyer for Women Today!
When you contact Miami Family Law Group, PLLC, our proud and experienced team of divorce lawyers will empower you with the legal counsel needed to ensure that your rights are advocated for throughout your family law proceedings.
Not only will you be ensuring that your legal rights are protected, but you are ensuring you have the support of a compassionate expert who understands that you and your case are unique.
In order to save time, and money and avoid further conflict and upset, our trained mediators will attempt to help you and your spouse reach an agreement. But if your case does go to court, we will fight to ensure that you are protected under Florida family law.
Ultimately, we want to give you the confidence you need to start this next chapter of your life feeling safe and secure.
Our team at Miami Family Law Group, PLLC is ready to speak with you. Request a consultation today at 305-916-4053!
