Miami Family Law Lawyer

Miami Family Law Lawyer

Making the decision to file for divorce is never easy. It is often a long and difficult road to separate your life from your former spouse. Decisions such as those regarding child custody and property division will have a huge impact on your future, so it is important that you prioritize your rights while also moving the divorce forward at a steady pace. 

The best thing you can do is secure representation from an experienced family law attorney. At Miami Family Law Group, PLLC, we will guide you through divorce and other family law matters as efficiently as possible without compromising your rights and needs. We take a holistic approach that considers both your personal and legal needs. 

We will be clear and transparent with you every step of the way and will provide you with the knowledge and resources you need to start a new and exciting chapter of your life. 

Our family law firm utilizes an extensive professional network, from financial planners to trusted mental health professionals. The legal services we provide include divorce, post-divorce modifications, child custody, guardianship, prenuptial agreements, and more. 

Our goal is for you to transition to your new life with peace of mind. We assist clients in Coral Gables, Brickell, Downtown Miami, Key Biscayne, and surrounding areas.

Schedule a meeting with one of our Miami family lawyers by calling our law offices today at 305-916-4053.

Family Law in Miami, FL That’s Not Married to the Fight

In life, your most joyful times will be with family members and those you love most. Unfortunately, some of your biggest heartaches and challenges will come with family members. The relationship between you and your spouse, partner, or children will become complex. And that’s not the most challenging part.

The legal processes involving family law are confusing. Depending on the case, you must consider several factors. You have to get everything in order to present your side. That means doing your research and investigation.

The role of a family lawyer in Miami is to guide and represent you during the procedures.

We Help Unhappy Families Find Peace of Mind By Focusing on the Issues That Matter Most

The parties involved in family issues have very personal interests in the dispute. It is normal to want things to go their way. The question is, do the facts of the case side with them?

Miami Family Law Group, PLLC helps you through the process of family issues, including:

• Divorce
• Mediation
• Divorce agreement modification
• Domestic violence
• Paternity
• Custody and visitation
• Child Support
• Alimony
• Contempt of Court
• Guardianship
• Adoption
• Prenuptial agreements
• Postnuptial agreements
• Relocation

Find Peace of Mind with Divorce Outside of the Courtroom

When you think of divorce, perhaps you envision bitter courtroom proceedings. However, your divorce does not have to be this way. It is possible to resolve disputes without going to trial.

Mediation is a great place to start. In mediation, a couple hires a third party to preside over their negotiation process. It is similar to going to trial but in a more relaxed setting. Mediation offers several advantages.

1. A mutual agreement about the various issues makes the divorce proceedings smoother.
2. Unlike a trial, with mediation, the evidence and discussion do not become public as they do in the courtroom.
3. Mediation costs less going to court.

Sometimes, a judge will order a couple to try mediation to settle their disputes.

Divorce in Miami, FL

The outcome of your divorce in matters such as child custody and child support, property division, and alimony will have far-reaching implications for you and your children. A Miami family law attorney will ensure that decisions are made that reflect your rights and interests. 

Florida is a no-fault divorce state which means that you do not need to prove any fault to seek a divorce. Only one spouse needs to file for divorce, and the other will be served the divorce papers. The couple will then enter the discovery process, where each party will need to exchange information about the outcome of the divorce. 

In Miami, couples are required to at least try and use divorce mediation to come to agreements on key issues. At Miami Family Law Group, PLLC, all of our attorneys are also highly skilled mediators. A successful mediation will help the divorce process move along more quickly while saving money on court fees. It also allows you to come to personalized agreements that fit into your life. All decisions will need final approval from a family law Judge who will determine whether they are in line with Florida law. 

There are some circumstances where mediation may not be required, such as if you have suffered domestic violence at the hands of your ex-spouse. 

If there are any issues that you and your ex-spouse cannot agree on, then the case will be heard in front of a Judge. The divorce attorneys at our law firm are also tested litigators and will always be prepared to represent you in court and advocate for your best interests. The Judge will then make the final decisions that will make up your divorce decree. 

Related Topics:

• High Asset Divorce
• Uncontested Divorce
• Contested Divorce
• Divorce Lawyer for Men
• Divorce Lawyer for Women
• Military Divorce

Narcissist Divorce

Often relationships with narcissists start off amazingly; they may be quick to sweep you off your feet and make you feel like the most important person in the world. However, their true colors will eventually become evident, and divorce may feel like the only option. 

Narcissists are characterized by a lack of empathy, belittling others, a sense of entitlement, and delusions of grandeur. They may seem confident, but in reality, they have low self-esteem and are unable to handle criticism. When faced with divorce, they are likely to try to manipulate the situation to get what they want. 

Divorcing a narcissist can sometimes become dangerous, as it could trigger them to behave in unpredictable or even violent ways. They may go to extreme measures to try and get their way, such as trying to gain custody of your children or claiming ownership of your property. 

If you are divorcing a narcissist, then you must have the support of an experienced family lawyer, such as those at Miami Family Law Group, PLLC. We will make boundaries clear and will not allow them to control the situation. 

To prepare for divorce proceedings with a narcissist, you should: 

• Reach out to friends and family to ensure that you have a support system around you.
• Prepare documents for separate and marital assets to protect your property.
• Set and maintain boundaries. You may choose to only talk through your attorneys. 

Child Custody

If you have children, then child custody issues are likely to be your biggest concern. Although you may want full custody, it is important to know that both parents have parental rights. All decisions must be made with children's best interests at heart, which usually means keeping both parents involved in their lives unless one parent poses a risk to their wellbeing. 

You should also keep in mind that divorce can be traumatizing for children and it is important that you do not discuss the divorce with them or talk badly of your ex-spouse in front of them. Keeping your children separated from the divorce proceedings will help to protect them from it. 

If you are facing a child custody battle, then it is important that you have support from a Miami family law attorney who can help you remain level-headed. A good attorney will be honest with you when your emotions are impacting the situation and will help you fight for quality time with your children. 

When the court determines custody, they will review factors such as: 

• An arrangement that creates as little disruption to your children's lives as possible.
• The relationship each parent had with their children before the divorce.
• The ability of each parent to meet their children's needs. 
• In some cases, the court may also consider children's preferences. 

Child Custody Laws In Florida

In Florida, decisions must be made based on the child's best interests. The court looks to place children in a home that provides opportunities for education, growth, and healthy living. In most cases, both parents will share custody. 

In a shared custody arrangement, usually, both parents retain the right to make important decisions on their child's behalf, such as those regarding health care, religion, and education. Both parents will also retain the right to care for their child, and parents will need to establish a parenting plan that best meets their child's needs. 

Alimony

Alimony (also known as spousal support) is a court-ordered payment that one spouse gives another following divorce. These payments can help ease the financial burden of divorce for the lower-earning spouse. 

When the court issues an order for alimony, they may order weekly, bi-weekly, monthly, or lump sum payments to be paid for a specific duration of time. When determining whether one spouse is owed spousal support, they will consider factors such as: 

• The financial resources of each spouse. 
• The couple's prior standard of living. 
• Each spouse's age.
• The length of the marriage. 
• The health of each spouse. 
• The ability of each spouse to earn money. 
• The time required to undergo training or education in order to secure employment. 

Whether you are working to secure alimony or it is being requested from you, it is important to have an attorney on your side to ensure that a fair decision is reached and that your needs are considered throughout the process. 

Let’s Figure Out the Most Efficient and Effective Way to Resolve Alimony Concerns

Alimony is often an issue when couples divorce. This form of financial support can be court-mandated from one former spouse to the other. Depending on the situation, the amount of alimony a person must pay an ex-husband or ex-wife can be nothing, significant, or somewhere in between. It is not uncommon for one or both parties to contest alimony. It is one of the most debated issues in divorce.

Florida calculates alimony based on the need of one party and the other party’s ability to pay the other party. There is no fixed amount. It depends on the situation of the people involved after separating. The idea of alimony is that the spouse earning less deserves to continue with the same quality of life enjoyed while still married.

Determining alimony can get ugly and put you through tremendous stress. However, you do not have to be married to the fight. Instead, work with an experienced family lawyer to help you through the process. Contact us at Miami Family Law Group, PLLC to get started.

Divorce Agreement Modification

Divorce can take a long time to finalize, and so once a divorce decree has been issued, there is often a deep sense of relief. However, as time goes on, it is natural for circumstances to develop and change, and sometimes the terms of your divorce decree are no longer manageable. 

A divorce decree is a legally binding document, and you cannot simply stop meeting your obligations. Instead, a Miami family law lawyer can help you file for a post-judgment modification to change the terms of your divorce resolution. 

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

• One party develops a serious disability or illness. 
• You uncover new facts that should have been considered in your original divorce decree, such as hidden assets. 
• You lose your job and can no longer meet your support obligations. 
• You move to a new state. 
• Your job obligations make your current parenting schedule difficult to adhere to.
• Your children's needs change. 

Similar to the initial divorce process, it is always a good idea to try and use mediation to agree on changes to the divorce decree rather than engage in litigation. If you can both agree, then you will sign a document which will then need to be approved by a Judge. If you cannot agree, then it may be necessary to take the case to court with the help of your attorney. 

Your family law attorney will guide you through the modification process and help ensure that you have sufficient evidence to support your petition. They will help you and your ex-spouse mediate an agreement, and where this is not possible, they will represent you in front of a Judge. 

Enforcement of a Court Order

If your spouse is ordered to pay alimony or child support and they fail to make payments, then an attorney can help you take steps to enforce payments. 

First, your attorney may try to mediate with your ex-spouse to put in a payment plan; payments do not disappear, so they will need to pay what they owe you eventually. Mediation can help protect important relationships and gives them a chance to explain why they have missed payments; they may have lost their job or could be struggling with other extenuating circumstances. 

However, if an agreement cannot be reached or if your ex-spouse refuses to cooperate, then your attorney can take your case to court. A Judge could garnish their wages or seize property or a tax refund in order to pay them what they owe. They could also find them in contempt of court, which carries the potential of fines or jail time. 

It is important to note that if you agree to alimony payments without the court, then there will be no legal consequences. It is, therefore, important to make alimony an official part of a court order to ensure that it is enforceable. 

Prenuptial Agreements

Prenuptial agreements are made before marriage to address ownership of assets. When you marry your spouse, you don't want to think about the possibility of divorce. However, if you have significant assets, then a prenup could be one of the most important decisions you ever make. 

Prenups can be particularly beneficial if: 

• One or both spouses have significant assets or stand to inherit significant assets. ● One or both spouses own a business. 
• One or both spouses have children from a previous relationship. 
• One spouse earns significantly more than the other. 
• One or both spouses have significant debt. 

Paternity

While the rights of the mother are naturally established, things are not always as straightforward when it comes to the father. If the parents of a child are married when they are born, then the husband will be the presumed father. However, if a child is born and the parents are not married, then the father may need to establish paternity in order to secure parental rights. 

You may establish paternity by either signing an agreement with the child's mother if you are in a relationship or if you are not in a relationship, you may need to file an action to have the court name you as the legal father.

An attorney can help you establish paternity, which is important for both the father and the child, some of the benefits include: 

• The father may want to be sure before paying child support. 
• The father may want shared custody of his child. 
• The child may benefit from certain benefits, such as health insurance.
• The child may benefit from inheritance if their father passes away. 

On the other hand, if you don't believe you are the father and wish to disprove paternity, then we can help you develop a strategy. This could involve a DNA test, travel and phone records, and witness testimony. If you are not the father, then you should not have to pay child support, and an attorney can help you ensure that the truth comes to light. 

Guardianship

Guardianship is a court-established relationship that allows a guardian to make decisions on behalf of a ward, who is a person who is unable to make those decisions for themself. 

A guardian relationship could be established for a minor child whose parents are unable to make decisions on their behalf or for a person who is incapacitated due to a mental disability or illness. The guardian must make decisions based on the best interests of the ward. 

If you are seeking guardianship, then it is important to have the support of an experienced family law attorney who can help ensure that everyone is protected and the right decisions are made. 

What Are The Types Of Guardianships? 

There are various types of guardianship that are designed to protect the rights of the ward, who should still retain the ability to make the types of decisions they are capable of making. The primary types of guardianship are: 

• Guardianship - Allows the guardian to make decisions in regard to the ward's medical and personal care. 
• Conservatorship - Allows the guardian to handle the ward's financial matters.
• Temporary Guardianship - Allows the guardian to make decisions on behalf of the ward for a specific and temporary purpose, such as while they are mentally unwell.
• Limited Guardianship - Only allows the guardian to make decisions that are necessary at the time. 
• Testamentary Guardianship - Allows the guardian to act as the caregiver of a child until they become an adult. 

At Miami Family Law Group, PLLC, we provide guardianship litigation. Contact us for a strategy session.

Why Choose Miami Family Law Group, PLLC?

We have been practicing family law for more than 30 years. We understand the importance of the outcome of your divorce decree and will work tirelessly to secure the best possible outcome in your case. 

We Understand Family

Our Miami family law attorneys work to create a family-friendly environment. We prioritize the needs of children at every stage and use a holistic approach that utilizes mediation to foster healthy relationships wherever possible. 

We specialize in family law services in Florida and work with people facing similar struggles to you on a daily basis. 

We Speak Spanish

Language barriers should not stop you from finding an attorney who can listen to your needs and keep you informed at every stage of the process. We have attorneys on our team who speak Spanish and practice law day in and day out, so you can feel supported at every stage of the process. 

We Have the Experience and Skills

Miami Family Law Group, PLLC has been serving clients in Florida for over three decades. We are constantly updating our skills to ensure that we can offer the best and most comprehensive support to our clients. Whether your case involves mediation or litigation, regardless of its complexity, we have the skills, experience, and resources necessary to help. 

Speak to a Miami Family Law Lawyer Today!

Marital and family law matters can be incredibly challenging, and it is important that you have support from an attorney who takes the time to listen and adapt to your needs. 

The outcome of family law issues will have far-reaching implications. Therefore, you should not compromise your rights at any stage. At Miami Family Law Group, PLLC, we face a long list of happy clients to draw upon, and with our expertise and vast experience, you can have confidence that you are in safe hands. 

Arrange a meeting with an experienced family law attorney today by calling 305-916-4053.