Miami Divorce Lawyers

Divorce

Divorce can take just a few months, but it can also stretch out for years, depending on how complex the issues are. The more that you agree with your spouse, the less time-consuming and stressful the divorce process is. After a spouse is lawfully served with a divorce petition, they have 20 days to respond. Florida is a no-fault state, which means that you do not need to show any misconduct by your spouse to obtain a divorce. Florida law requires the parties to make full financial disclosures to each other to allow each party to make informed decisions about their legal rights.

Alimony

A court may award alimony, or spousal support if the circumstances warrant it. There are several kinds of alimony, including permanent periodic alimony, rehabilitative alimony, bridge the gap alimony, lump sum alimony, durational alimony, and temporary alimony. While permanent periodic alimony is awarded to cover necessities according to the standards established during the marriage when a spouse does not have the financial ability to meet their needs, rehabilitative alimony can be awarded to help a spouse establish a capacity for self-support. Our divorce attorneys can help Miami and other Florida residents pursue the type of alimony that is appropriate for their situation.

Prenuptial and Postnuptial Agreements

A prenuptial agreement is prepared before a couple gets married to allow for a predetermined settlement if and when the marriage ends in divorce. These agreements define the terms and conditions whereby the assets and liabilities of the spouses will be divided. Postnuptial agreements are similar agreements devised after a marriage. These agreements not only need to meet legal requirements, but also need to anticipate complicated and unique issues that may arise down the road. There are no standard prenuptial or postnuptial agreements. Each situation should be carefully analyzed and each agreement tailored to the specific needs and circumstances of each client.

Distribution of Marital Assets and Liabilities

Florida is an equitable distribution state. This means that when a couple divorces, their marital property is divided according to what is fair, and that is not necessarily always even. Most assets and liabilities acquired during the marriage are marital. The division of assets and liabilities can raise complicated questions. Many divorces are resolved through a mediated settlement. However, to reach a property settlement agreement, assets and liabilities must be carefully identified, classified, and reviewed in detail to determine the appropriate distribution among the parties. Our Miami divorce lawyers can assist you with this task.

Child Custody and Time Sharing

Under Florida law, the rights and obligations of both parents are governed by a parenting plan and a time sharing schedule. The parenting plan must be detailed, including specifications for weekdays, weekends, vacations, birthdays, and holidays. Sometimes the parents reach an agreement on the details of the parenting plan, but in other cases, a court must impose a parenting plan. Some of the factors that the court will consider include each parent’s ability to foster a close parent-child relationship and honor the time sharing schedule, each parent’s ability to act on the child’s needs, each parent’s moral fitness, each parent’s health, each parent’s disposition to provide a consistent routine, and each parent’s capacity to be informed of the child’s circumstances. In most cases, the parents share parental responsibility, which means that major decisions must be made jointly but there are exceptions in certain circumstances.

Parental Relocation

A parental relocation occurs when a parent moves at least 50 miles from their current residence for a minimum of 60 days. The move cannot be a temporary change for education, vacation, or a child’s medical care. When there is a parental relocation, the parents can reach an agreement that specifies the terms of the move and new custody arrangements with the parties’ children. The agreement is supposed to demonstrate that both parents agree to the relocation, provide for a time sharing schedule, and specify how the child will be transported. There are situations in which the parents do not agree to a relocation, and then the parent who wishes to move will need to petition to relocate. Once served, the other parent has 20 days to file a response regarding why the move should not be permitted.

Child Support

Both parents have an obligation to support a child. Usually, child support is paid from the higher-income parent to the lower-income parent with the objective of paying for a child’s basic living expenses and takes into account the number of overnights the parties have with the children. Basic living expenses include food, water, shelter, and electricity. A court is usually guided by a chart in the Florida statutes when determining child support. Child support is paid until a child turns 18 in most cases. However, a parent sometimes will continue to pay child support when a child has a disability or has not graduated from high school.

Post-Judgment Litigation

After a final judgment has been issued in a family law matter, the parties may need to go back to court with the assistance of a divorce lawyer in Miami to enforce or modify the final judgment. If one of the parties refuses to pay off certain debts as ordered in a final judgment, the court may be able to take further action to enforce the judgment. Ex-spouses or parents also may need to litigate whether a prior judgment should be modified. A parent’s circumstances may change significantly in the years following a divorce. When they change materially, it may be appropriate to go back to court to ask for a modification.

Paternity

In Florida, if a mother is married and gives birth, the presumption is that the child’s father is the mother’s husband. However, paternity needs to be established if a mother is not married at the time of the child’s birth. When an alleged father agrees with the mother that he is the father, he may sign a voluntary acknowledgement of paternity form that becomes final 60 days after being signed. Once 60 days elapse, neither of the parents can revoke the acknowledgement without first establishing to the court that fraud or extreme force was used to obtain the parent’s signature. When there is no voluntary acknowledgment, paternity must be established through a court. Once paternity has been established the court will make a determination of the appropriate amount of child support and a parenting plan to govern the time sharing with the children.

Consult a Compassionate Divorce Attorney in Miami

When you contact our offices, we will set up your personal consultation with Patrick Vilar for a preliminary assessment of your needs and issues. If you agree to retain our firm, we will then create a formal agreement that details all the terms of your legal representation by Vilar Law, P.A. We represent people throughout Miami-Dade and Broward Counties. Call us at (305) 373-8000 or contact us via our online form.