Miami Divorce Lawyer
Divorces tend to get complicated. Although there’s no way to guarantee you won’t face any obstacles, there is a way of limiting your problems. By working with a Miami divorce lawyer, you can simplify the process.
Here at Pazos Law Group, our firm takes you through the difficulties of divorce. No matter how complex your situation might be, our lawyers can handle your case. We do our best to serve you and your family.
Filing for Divorce in Florida
There are several requirements for filing a divorce in Florida. If you fail to meet the requirements, the state will not recognize the end of your marriage.
To successfully file for divorce, you need to:
- Have lived in Florida for six months or more
- Follow all of the proper procedures and have a judge approve
Divorce in Florida is most commonly no-fault.
If you speak to someone who has knowledge of Miami divorce law, you can learn more about the meaning of no-fault divorce and it’s significance to you.
No-Fault Divorce Requirements
If you’re one of the many individuals filing for a no-fault divorce, the grounds that you need to allege is that the marriage is irretrievably broken. This is similar to the “irreconcilable differences” language that other states use.
The Filing Process
When we work on a divorce matter, we walk you through every step of the process. There are many details you will want to consider. Pazos Law Group can ensure that you don’t miss any of the important details.
First, you must file a Petition for the Dissolution of Marriage. You need to complete the petition and file it with the proper court. Then, you must serve your spouse with the petition or your spouse can waive this requirement. Your spouse then has a set amount of days to respond to the petition.
If you own any property or have minor children with your spouse, then both you and your spouse need to fill out a financial affidavit. In the affidavit, you disclose details about your income, assets, and expenses.
Before you can finalize your divorce, you and your spouse should attempt to negotiate a settlement and attend mediation if necessary. You will still want an attorney to represent you at mediation in order to protect your rights. Attorney Pazos is a certified mediator and advises that anyone who attends mediation does so with an attorney to make sure that the agreement is fair and reasonable for you under Florida law because mediators are not supposed to provide legal advice. Commonly, you will be able to reach a divorce agreement with your spouse. However, some couples can’t reach an agreement. When this occurs, the solution is to resolve your issues in court and have a Judge decide make the final decisions.
Contested vs Uncontested Divorce
If you and your spouse end your marriage on good terms, an uncontested divorce is a possibility. You could agree on child custody, alimony, and other details. If this occurs, you can finalize your divorce relatively quickly. You won’t need a lengthy court battle.
Unfortunately, a contested divorce is more common than uncontested. When a marriage comes to an end, there are usually unresolved issues, like child custody. Between 2013 and 2017, the median household size in Miami was 3.09. Many residents have children and it may be difficult to reach an agreement regarding parenting. Often child custody and other issues make the divorce process challenging.
If you and your partner can’t come to an agreement on the terms of your divorce, you have a contested divorce. In this type of divorce, you disagree upon alimony, child support, marital debts, or other issues. You might disagree upon one issue, or all of them.
A contested divorce can takes months or even years to resolve. Fortunately, a Miami divorce lawyer can speed up the process and can help you negotiate a fair agreement or stand up for you in court.
Contested divorces end in the hands of a judge. You will definitely want strong legal representation when it comes to the most important aspects of your life, including your family and your finances.
Common Issues in Divorce
1. Child Custody
Most parents put their children first; they want what’s best for them. However, parents don’t always agree on what is in the best interest of their children. This results in child custody disagreements.
In Florida, child custody isn’t a clear-cut issue. The state values shared parental rights. This gives both parents involvement in the child’s life. You and your spouse must come up with a parenting plan that puts your child first.
Of course, coming up with a parenting plan is easier said than done. It’s common for child custody cases to end up in court. When they do, the judge decides what rights each parent receives.
The judge bases their decision on a variety of factors. For example, they consider which parent is more nurturing. They also decide which parent is more capable of providing daily care for the child and more capable of co-parenting with the other spouse. If one parent receives more time with the child, they need to be willing to allow visitation.
After a judge considers all of the factors, they can come up with a decision based on the best interest of the child.
It is clear that family is the center of every person’s life. For that reason, we treat each case with the attention it deserves. We understand how much is at stake.
2. Child Support
Another common area of disagreement is child support. Someone with knowledge of Miami divorce law can help you take the steps to receive child support.
In some cases, one parent may pay too much in child support, for example when one parent has lost income and can no longer afford the Court-ordered child support. There are ways to modify your child support payment amounts. Contact us to find out how we can help.
3. Denying Visitation
In some relationships, one parent is emotionally or physically abusive. You might be able to deny visitation to the other parent. However, it is rare for the court to completely cut ties between a child and a parent.
If you suspect abuse, you need evidence of the abuse. When you have that evidence, you give the court reason to deny visitation. The Court must decide what is in the best interest of the child and, of course, that means protecting your child’s well-being and safety.
4. Property Division
During the course of a marriage, spouses often accumulate more property. This makes the process of divorce more complex. If you and your spouse can’t decide who gets what property, the court decides.
In Florida, the court splits up property equitably. But you should keep in mind that equitable is not the same as an even split. The court evaluates the assets you own and comes up with a split that is fair in the eyes of the court.
When dividing up property, the court considers the length of your marriage. Additionally, they look at the financial situation of each spouse. If one spouse gave up a career or education to take care of their home, that could be in their favor. The court assesses all contributions of each spouse.
If you have a prenuptial agreement, you might not be eligible for an equitable division of property. You should speak with one of our lawyers to learn about your options. Someone from our firm can explain Florida property division laws. Then, they can work towards getting you a fair outcome.
The end of the marriage doesn’t mean the end of financial support from the other partner. In Florida, one spouse could be eligible for alimony. With the average salary in Miami being $52,461, alimony can make all the difference.
In most divorce cases, one spouse is eligible for short-term financial support. The money allows you to get work training, find a new job, or care for your child.
There are situations in which you can receive permanent spousal support. However, it isn’t common practice. A judge evaluates your marriage and determines whether or not you are eligible for alimony, and for how long you will receive the support.
If you have a current alimony agreement, you could still benefit from working with our team. You can modify an alimony agreement if your financial situation changes. If you’re making less money, you can work with us to attempt to lower your alimony payments.
Handling Your Divorce Through Mediation with a Miami Divorce Lawyer
Are you dreading a long and drawn out divorce? If so, there’s hope in the form of mediation. With mediation, you and your spouse can resolve your disagreements outside of the courts.
Mediation is a way to finalize your divorce quickly. During mediation, you and your lawyer meet with your spouse and a neutral party. You discuss the issues surrounding your divorce and attempt to come to an agreement.
People often don’t think they can cooperate with their spouse to have a successful mediation. However, it’s worth trying. Often, the presence of a mediator makes it easier to agree upon the terms of your divorce. If you and your spouse can agree, you save yourself from a long court battle. Pazos Law Group has mediators here to help you.
Benefits of Working with a Divorce Lawyer
There are many ways in which working with a divorce lawyer can benefit you. For one, it can save you time. The divorce process may be difficult. If you have no knowledge of Miami divorce law, you are at a disadvantage.
Fortunately, a lawyer from our team knows how to streamline the process and protect your rights. We work hard to get you results efficiently. Whether that means a successful mediation or representing you in court, Pazos Law Group can help. Our lawyers handle all types of divorce. With experience handling many cases, we know the ins and outs of divorce.
There’s another way in which working with us can assist you. In many divorces, emotions run high. It can be difficult to make the right decisions for you and your family. When you work with us, you get a different point of view. Throughout the process, our team can give you perspective. We can advise you on all of your decisions.
Representing You in Court
Another benefit of working with us is having representation for your court date. If all else fails and you need to resolve your divorce in court, you need a lawyer who knows how to get results.
Often, the outcome comes down to legal strategy. Because our lawyers specialize in divorce law, they can come up with creative and effective legal strategies. They listen to what you have to say. Then, they use that information to create an effective strategy. You won’t get a one-size-fits-all legal strategy. As a result, you get a better chance at a good outcome.
Contact Someone from Our Team
In 2010, Miami had the 26th highest divorce rate out of 50 major U.S. cities. Divorce is a common occurrence, and many individuals rely on divorce lawyers to help them through the process.
If you’re ready to take the next steps, contact someone from Pazos Law Group. Our firm can stand up for you and work towards getting you the future you want.
CALL (954) 951-2405
WHY CHOOSE OUR DIVORCE ATTORNEY?
- Martindale Hubbell Preeminent Peer Rating (Top Rating for Ethics & Legal Skill, AV® Rating)
- Super Lawyer Rating by Thomson Reuters for High Degree of peer recognition and professional achievement
- Avvo Clients’ Choice Award for Family Law
- Top 40 Under 40 National Advocates
- Top 100 Lawyers National Advocates
- American Institute Client Satisfaction Award
- Perfect 10.0 Superb Avvo Rating for Service & Results
- A Personable, Client-Centered Approach
PURSUING PEACEFUL RESULTS.
If an agreement can be reached on major issues in your divorce, we strongly recommend out-of-court settlements as opposed to a contested court trial. For those who must go to court, however, litigation may yield the best result. We can explain the pros and cons so that you can make the right decision.
In mediation, we arrange for a neutral third-party mediator to help the parties reach a mutually acceptable settlement.
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Please contact us today at(954) 951-2405