Experienced Divorce Lawyers protecting your rights in Miami & Coral Gables.
The Miami divorce attorneys at The Carolan Family Law Firm, P.A.
have spent over a decade representing parties in separation proceedings. This enables them to offer strategic and compassionate representation in the most difficult of cases.
Going through a division, which is also known as the “dissolution of a marriage,” is a difficult experience. It draws upon your emotions and can drain your energy. It can have a major impact on your financial, physical, and psychological health. Working with a competent divorce lawyer in Miami can alleviate much of the pressure while helping to keep things in perspective and ensuring that you are treated in a fair and equitable manner.
The Who and Why of Divorce
In order to file for separation in the State of Florida, either you or your spouse must be a legal resident of the state for a minimum of 6 months or a member of the U.S. armed forces who is stationed in the state.
Florida is a no-fault state that does not require a period of separation. You or your spouse must be able to allege and confirm that the bonds of matrimony are irretrievably broken and that you wish to be restored to the status of single.
The fact that Florida is a no-fault state means that it is not necessary to prove that either party is at-fault for the demise of the marriage; however, if there is fault, depending on the specifics and ramifications of it, it may be relevant for purposes of custody, alimony and the division of property.
Starting the Process
The actual separation process in Florida does not legally begin until one person in the marriage files a “Petition for Dissolution of Marriage“ with the Family Law Division of the local Circuit Court.
Once the petition is e-filed, it must be served to the responding party. The responding party has 20 days to file an answer. The division will then proceed in one of two basic directions, depending upon the response of the second party and the positions taken by each.
What is a Contested divorce vs. Uncontested divorce?
A contested division generally means that there are issues in dispute such as child custody, time sharing, child support, division of assets and alimony that need to be resolved. At the onset of the divorce, parties have a hard time agreeing on how to finalize these matters. Sometimes couples that do not have children end up in a lengthy litigation over the division of property and spousal support.
An uncontested divorce is one in which the parties either have no children or no assets and neither are requesting spousal support or they simply reached an agreement on all of the issues relevant to their case.
Often times couples think they are doing the right thing by negotiating their own agreements and although amicable resolutions are favored the parties should seek the advice of their counsel before making certain promises or concessions.
It is difficult to back away from a position once the other party has it in their mind that an issue will be resolved in a certain fashion. Marital Settlement Agreements should be entered into judiciously.
They are legally binding contracts that are enforceable by the court and modification of these agreements requires meeting the applicable standards contained in the Florida Statutes.
If you and your spouse have children together and they are still dependent, then there will be various issues that will need to be settled before a division may be granted. At The Law Offices of Aliette Hernandez Carolan, P.A., we believe that children must be protected during the process in order to ensure that they have a secure environment after the marriage is dissolved.
For a divorce attorney in Miami, children’s issues are the most important issues that they will assist you with throughout your division process. Thus, you and your spouse will be responsible for various important issues such as child support, child custody and visitation.
As mentioned above, minor children in divorce require that the parties enter into a Parenting Plan that determines the day-to-day responsibilities, as well as a time sharing schedule, a holiday schedule and parental responsibility over the major issues affecting a child’s life, such as, their education, religious upbringing, medical attention and extra curricular activities.
Assets and Debts Related to Your Marriage
Affordable Coral Gables divorce attorneys at The Law Offices of Aliette Hernandez Carolan, P.A. are experienced at assisting parties to understand their rights and responsibilities in association with the assets and debts that are related to the marriage.
The equitable division of the marital estate, which includes the manner in which debt is handled, as well as how assets are distributed, is important along with the determination of what may be considered a non-marital asset.
Non-marital assets are those items that were yours prior to the marriage and often times, those assets that are inherited and not commingled. Typically, whichever spouse brought a specific non-marital asset to the marriage may retain it without claim from the other.
Alimony, also referred to as “spousal support,” continues to be a hot topic of debate and has been the focus of recenter form in Florida, and represents another issue a couple may have to deal with. If alimony is being considered in your divorce, it is highly recommended that you have astute legal counsel with experience in this area.
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Contact Our Miami Divorce Lawyers for Help
If you are considering divorce in the State of Florida, don’t go it alone, contact the experienced Miami divorce attorneys at The Law Offices of Aliette Hernandez Carolan, P.A. by calling (305) 358-2330 to discuss your rights. Serving Miami, Coral Gables & all of Florida.
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