305-520-7874

Brickell Family Law Lawyers

Trusted and Compassionate Family Law Attorneys in Brickell, Florida

Family law is complex and covers topics ranging from prenuptial agreements to divorce, child custody, and spousal support. Many Americans will need to navigate a family law issue at some point in their lifetime.

Family law cases are often stressful for those involved and their families. No one expects to have to go through a family law case, but if you do, you must have everything in place to fight your case and secure the outcome you need for you and your loved ones. At such an emotionally trying time and with so much on the line in family law cases, a family lawyer is crucial to guide you through this process.

At Miami Family Law Group, PLLC, we have over 30 years of knowledge and experience with family law cases in Brickell, FL. Our attorneys are well-versed in these cases, and we are skilled at securing successful outcomes for our clients.

Share the burden and minimize the stress of your case. Call our law firm today at 305-520-7874 and schedule a case review with one of our family law attorneys.

What Can Miami Family Law Group, PLLC Help With?

At Miami Family Law Group, PLLC, our attorneys have substantial experience supporting citizens of Brickell, Miami, FL, with their family law needs. We can provide you with skilled representation and advice on family issues you may encounter, including:

Divorce

A divorce is a pivotal point in your life where you are likely to need the support of a Miami family lawyer. The outcome of your divorce proceedings and settlement may have a significant impact on your future and the lives of your family.

Experienced legal representation throughout this process is essential to ensure that you receive the best possible outcome from your divorce to protect the future of both you and your family.

Contested Divorce

Unfortunately, contested divorces are commonplace. In this type of divorce, a couple struggles to reach terms they can agree upon. If a divorce is contested, then a couple and their lawyers may undertake formal mediation with a third party to negotiate terms until they agree.

If an agreement is still not reached through mediation, then the divorce will go to trial in a family law court, where a judge will make the final decision on the terms. In a trial, both parties and their legal counsel will present arguments and supporting evidence in favor of their proposed divorce terms.

A contested divorce can be a lengthy and stressful process. To protect your interests and avoid being pressured into an agreement, consult an experienced family law attorney.

Divorce Mediation

In Florida, to resolve divorce disagreements, couples are legally required to undertake formal mediation before taking their disagreements to trial. Usually, mediation is facilitated by a neutral, third-party mediator, and generally, couples can choose the mediator they would like to use. This process allows spouses and their attorneys to negotiate agreements and terms to reach a final settlement that both spouses agree upon.

One main benefit of mediation is the cost. If a couple can agree on terms without needing a trial, this reduces the overall cost of a divorce and removes expensive trial fees. Mediation also resolves the couple's issues in private instead of in an open forum such as a courtroom. This can be particularly beneficial if the divorce involves sensitive information or if children are involved.

This process allows couples to negotiate and design tailored divorce terms that best suit their needs and those of their families. Common topics negotiated in mediation include alimony, division of property, child custody, and child support. A reputable family law attorney will support you through mediation and skillfully argue your case to result in the best terms possible for you and your family.

Mediation is not appropriate for every situation. Mediation relies on a couple's ability to reach a common agreement. In marriages involving abuse or domestic violence, mediation is not usually considered appropriate. If mediation is only partially successful or unsuccessful for any reason, you will need to proceed to a divorce trial.

High Net Worth Divorce

Florida is considered an equitable distribution state. Equitable distribution means marital property, assets, and liabilities should be split fairly between spouses in a divorce. During the divorce process, couples need to agree upon the division of marital property, and this is often where disagreements arise. Divorces involving a large number of assets or high net worth can become further complicated when deciding upon a fair split.

Marital property is classified as all property acquired by either spouse within the duration of the marriage. In an ideal divorce case, the marital property would be split equally between spouses. However, there are often cases where this may not be fair to one or both spouses. If an asset is difficult to split, such as a business the couple does not want to sell, the judge may award this asset to one spouse and other assets of equal value to the other spouse. Non-traditional assets are more common in high-net-worth divorces, and they can further complicate the property division process.

Non-marital property, which would not be subject to division in the divorce, can be argued between spouses during the divorce process. Elements that may make proving non-marital property more challenging include the commingling of assets, contributions to property, and improper holding of assets.

A skilled family law attorney is crucial to defending your rights in a high-net-worth divorce and ensuring that you receive a fair settlement suited to your circumstances.

Alimony

Alimony or spousal support payments help ex-spouses maintain the same standard of living they had during the marriage or account for any unfair financial burden placed on a lower-earning spouse. When determining if alimony is appropriate and the amount and duration of payments, the court considers many factors from the marriage and both spouses' situations, such as:

  • The duration of the marriage.
  • The income-earning capacity of both individuals.
  • The age and physical and emotional condition of both spouses.
  • The standard of living the couple maintained during the marriage.
  • Both spouses' property and financial resources.
  • Both spouses' contributions to the marriage, including childcare, home-making, and education.
  • Parental responsibilities for minor children.

If alimony is a source of disagreement between a divorcing couple, each party will present evidence and argue their case to support their proposed terms. Whether you are seeking alimony or your former spouse is seeking alimony from you, secure representation from a family law attorney to help you achieve a fair settlement.

Divorce Agreement Modification

A divorce decree is a court order, and individuals can be held in contempt of court and subject to severe penalties if they do not adhere to the terms outlined in the decree. However, life circumstances change, and the original terms outlined in your divorce decree may no longer be appropriate to your situation.

If your divorce terms no longer fit with your circumstances due to significant life changes, you can file for a post-judgment modification to your divorce agreement. For example, you may need to modify a divorce agreement if you move to a different state or if you lose your job, which may impact your ability to pay support. Other reasons you may modify a divorce agreement include if you have uncovered new facts that should have been included in the original divorce proceedings or if your spouse has hidden assets that would impact property division.

Child Custody

Child custody arrangements are possibly the most sensitive element of family law issues affecting a divorcing couple. As a parent, this can be a very emotional subject where tensions can run high.

Child custody laws in Florida focus on prioritizing the best interests of the child or children involved. Often, the courts will place the children primarily in the environment most likely to support their growth, well-being, and education. It is up to either spouse to prove they can provide this environment for their children to achieve custody.

If both parents can agree on a custody or time-sharing agreement that is in the best interests of the children, then a court will not need to decide. Both parents also need to agree to a parenting plan that outlines how the couple agrees to parent their children following the divorce.

Child custody is often an area of contention within a divorce when couples are unable to reach an agreement. However, the best interests of the child must be prioritized above all other considerations during this process. A skilled Miami family lawyer can view the situation objectively and, without emotional judgment, provide you with sound legal advice to support the best interests of your child or children.

Visitation Rights

Visitation, or "time-sharing" as it is referred to in Florida, is crucial to the parenting process following a divorce. Florida law assumes that both parents should be involved in their children's lives, as this is usually in the child's best interests.

Parenting plans outline the agreed arrangements between parents, including time-sharing plans, contact between the parents, and agreements on out-of-state travel and education. A couple has the opportunity to decide on a parenting plan that suits the needs of the family outside of court if they can reach an agreement. If the court becomes involved in this process, then the court will default to prearranged time-sharing plans in the first instance. Both parties will then argue the case for their proposed parenting plan to the court.

Florida courts will typically favor joint time-sharing plans unless there is a compelling reason that this is not in the child's best interests. To sway this decision, a spouse may present evidence that joint time-sharing would not be beneficial to the child. Justifications could include domestic violence, neglect, the ability of each parent to provide a safe environment, and the mental, physical, and emotional health of each parent.

Child custody and time-sharing are, without a doubt, crucial elements of any divorce involving children. They can also be some of the most challenging family law issues to navigate, particularly when family members experience heightened emotions. Child custody is not something that you can afford to get wrong in your divorce. The help of a Miami family law attorney is essential to protect both yourself and your family.

Relocation

Relocation can have potential implications for child custody and child support agreements. In this situation, Florida law considers relocation as one parent moving at least 50 miles away from their current residence for at least 60 days.

If you are planning to relocate and have a child custody order in place, if either parent disagrees with the move, you will need to file a petition to relocate with the court. If you fail to do this, you could be held in contempt of court. The court will evaluate whether it is in the best interests of the child to relocate with the parent, and it may grant or deny permission based on this.

Both parents can argue their case to the court in favor of or against the move. Having an attorney to ensure that your thoughts are heard and that the final decision is in the best interests of your child is essential.

Child Support

Both parents have a legal obligation to provide financial support for their children. In a divorce, this obligation is outlined in a court order. In Florida, child support is calculated using an 'income shares model' that estimates the amount parents would spend to support their children if they lived together.

Enforcement

If you or your former spouse are not adhering to the child support payments outlined in your divorce decree, you may be held in contempt of court and subject to additional penalties, which could even include jail time. A state attorney will pursue penalties and alternative methods of payment, including garnishing wages.

Additional complications arise if your former spouse moves to another state while they still owe child support payments. If this is the case, a family law attorney can help you recover the arrears that you are owed through the Uniform Interstate Family Support Act (UIFSA).

If you find yourself in a situation where you are owed child support, the attorneys at Miami Family Law Group, PLLC can help you take action and recover what is owed to you and your children.

What Are the Benefits of a Brickell Family Law Lawyer?

The outcome of family law issues can have overwhelming impacts on the rest of your life and your family's lives. The law in Florida is designed to ensure that family law processes are transparent and equitable and that all parties receive fair treatment. However, these laws can be complex. Without a family lawyer, you are at risk of not being adequately protected, and you could potentially exploited during your family law case. This risk can be further heightened when there is tension and animosity between the parties involved.

No matter what the family law issue is, it is typically a stressful time for everyone involved. You do not have to handle this time alone; the attorneys at Miami Family Law Group, PLLC are here to use our extensive experience to help you in your case.

At Miami Family Law Group, PLLC, we understand family and the great importance of the cases that we work on. We have comprehensive skills and experience in all aspects of family law, and we will do whatever it takes to ensure that you receive the best possible outcome from your family law case.

Contact Our Brickell Family Law Attorneys

Miami Family Law Group, PLLC has over 30 years of experience helping clients navigate family law issues. We are passionate about helping our clients and their families through these stressful times, and we understand the importance of the cases we work on.

Our Miami family law firm represents clients in Brickell, Coral Gables, Downtown Miami, South Florida, and surrounding areas. Whether you are considering divorce, child custody, adoption, or a pre or postnuptial agreement, contact us today at 305-520-7874 to discuss your case.

Contact Miami Family Law Group, PLLC

Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.

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