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
- Wait a period of 20 days after you file to finalize the divorce
- Follow all of the proper procedures and have a judge approve
There are two types of divorces in Florida. First, there’s a no-fault divorce. With this type of divorce, no one is to blame. Second, there’s an at-fault divorce. This occurs when one individual does something to warrant a divorce, such as cheat on their spouse. However, at-fault divorces are uncommon. They are difficult to prove and it might not be worth the effort.
If you speak to someone who has knowledge of Miami divorce law, you can learn more about the differences between the two types of divorce. Someone from our firm can explain which type of divorce would work best for you. That way, you won’t waste your time or money pursuing the wrong type of divorce.
No-Fault Divorce Requirements
If you’re one of the many individuals filing for a no-fault divorce, there is another key requirement you need to meet. You need to show that you and your spouse have irreconcilable differences.
For example, there must be no doubt that your marriage is beyond repair. No matter how hard you try to resolve it, your efforts end with failure.
The Filing Process
If you work with us, our team can take you through every step of the filing process. Although the process itself is simple, there are many details you need to consider. Pazos Law Group can ensure that you don’t miss any of the necessary steps.
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. Your spouse has a set amount of days to respond to the petition.
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 have to go through negotiations. If possible, you need to come up with a divorce agreement. Of course, many couples can’t reach an agreement. When this occurs, you have a contested divorce. The solution is to resolve your issues in court.
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 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 many unresolved issues, like child custody. Between 2013 and 2017, the median household size in Miami was 3.09. Many residents have children, and those children complicate the divorce process. 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. They can help you negotiate a fair agreement or stand up for you in court.
Contested divorces end in the hands of a judge. If you don’t have strong legal representation, you risk losing everything. One of our lawyers can stand up for your rights. With our help, you can get what you deserve. We use aggressive legal techniques to obtain results.
Common Issues in Divorce
No divorce is easy. After you spend years with someone, everything is in terms of “we.” During the divorce process, you and your spouse need to separate your lives. Unfortunately, that usually results in disagreement.
There are many common areas of contention in divorce. Here’s a closer look at some of them:
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. If one parent receives more time with the child, they need to be willing to allow visitation.
Although details like the child’s preference matter, they aren’t the only details that matter. After a judge considers all of the factors, they can come up with a decision based on the best interest of the child.
Our law firm knows how much your family means to you. For that reason, we treat each case with the attention it deserves. We understand how much is at stake and wouldn’t do anything to jeopardize that.
2. Child Support
Another common area of disagreement is child support. When one parent is the primary custodian, the other parent must pay child support. Someone with knowledge of Miami divorce law can help you take the steps to receive child support.
Although child support assists the primary custodian, it shouldn’t be excessive. In some cases, one parent pays too much in child support. If your child support payments are hurting your bank account, you can modify your child support agreement. Contact us to find out how we can help.
3. Denying Visitation
In some relationships, one parent is emotionally, physically, or sexually 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. Successfully denying visitation is a long road that requires a lawyer with expertise in the field. Here at Pazos Law Group, we can help you.
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.
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 is a lengthy and difficult one. If you have no knowledge of Miami divorce law, you are at a disadvantage. The process could take you longer than necessary.
Fortunately, a lawyer from our team knows how to streamline the process. They work hard to get you results quickly. 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, they 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