Miami Divorce Lawyer

Miami Divorce Attorney

Divorce is a deeply personal and painful experience for anyone. If you are thinking about, or going through a divorce, there are little things you can do to make the process smoother for your children and yourself. Retaining proper legal counsel and a quality advocate is the first step you should take.

Whether you are considering a divorce, or have just started the process, working with a qualified family law attorney in Miami is in your best interest. By leveraging their particular skills and talents, the chances of coming to a settlement that works in your favor increases. The team of divorce attorneys at the Kirlew Law Firm are here to help. Contact our officers for a free no-obligation phone consultation to discuss your legal options.

Brian
Kirlew

Heidi
S. Kirlew

Are You Elegible for a Divorce?

Before you can start the divorce process, you first have to determine whether or not you’re eligible to do so in the first place. In Florida, one of the two parties of the divorce has to have lived in the state for a period of at least 6 months before filing for divorce. The divorce filing must occur in the same county where the filing party resides in Florida. The major exception to this, of course, is military personnel who live in the state of Florida but may be stationed elsewhere.

Florida is a No-Fault State

Before you can start the divorce process, you first have to determine whether or not you’re eligible to do so in the first place. In Florida, one of the two parties of the divorce has to have lived in the state for a period of at least 6 months before filing for divorce. The divorce filing must occur in the same county where the filing party resides in Florida. The major exception to this, of course, is military personnel who live in the state of Florida but may be stationed elsewhere.

In certain circumstances, medical issues are also grounds for divorce. For instance, if a spouse has been mentally incapacitated for at least three years, you have grounds for divorce.

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Starting the Divorce Process

Once you’ve determined your eligibility for divorce and established the grounds for doing so, you can begin the divorce process with the courts. Before you begin, it’s best to work with a Miami divorce attorney to assure that you’re filing the correct paperwork.

Florida is a No-Fault State

To begin, one of the two parties in the marriage will need to file a Petition for the Dissolution of Marriage. Whichever spouse files the form is considered the petitioner, and the other the respondent. Once the form has been filed, the petitioner must provide a copy to the respondent, a process called serving.

At this point, you may start down one of two paths. Should the respondent agree to the divorce, they accept the service of the papers. From there, they will need to fill out a form called an Answer and Waiver of Service.

However, if the respondent does not accept the service of the papers, your divorce process will become more complicated. You can work with the county sheriff to serve the papers. Similarly, you can work with a constructive service to serve the respondent if you are not sure of their location.

Florida is a No-Fault State

• Debts
• Income
• Assets
• Tax Returns
• Bank and credit card statements
• Personal financial statements

Next Steps in the Process

After you file for divorce, the court might order a mediation. In mediation, a third-party will work with you to establish a divorce agreement that does not need to involve the court. Should mediation come to a standstill, or no agreement can be made, the case will go to trial. Once in trial, you’ll work with your family law attorney to present evidence and call witnesses. Ultimately, a judge will make the final decision on any contentious issues or matters.

Dissolution of Marriage or Divorce?

In some cases, a dissolution of marriage may be a viable option for you rather than a divorce. Unlike divorce, this option doesn’t require you to submit any financial information. However, you have to meet a set of strict criteria in order to qualify for a dissolution of marriage. These requirements include:

• Both parties have agreed to a dissolution of marriage.
• One or both parties have been a resident of Florida for at least six months.
• You and your spouse agree on how to divide all property and assets, including debt.
• Neither you nor your spouse are seeking alimony or support payments of any kind.
• You and your spouse have no minor or dependent children under the age of 18, including adopted children.
• Both of you agree that the marriage cannot be recovered.

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Contested v. Uncontested Divorce

To begin, one of the two parties in the marriage will need to file a Petition for the Dissolution of Marriage. Whichever spouse files the form is considered the petitioner, and the other the respondent. Once the form has been filed, the petitioner must provide a copy to the respondent, a process called serving.

At this point, you may start down one of two paths. Should the respondent agree to the divorce, they accept the service of the papers. From there, they will need to fill out a form called an Answer and Waiver of Service.

However, if the respondent does not accept the service of the papers, your divorce process will become more complicated. You can work with the county sheriff to serve the papers. Similarly, you can work with a constructive service to serve the respondent if you are not sure of their location.

The Most Common Issues in Divorce

Ending a marriage is never a simple process. In an ideal situation, assets would be divided right down the middle and both parties would leave the marriage financially and emotionally sound. However, the complexities and nuances of divorce in the state of Florida don’t always create ideal situations. In particular, determining who will have custody over any children, and who will support them are some of the most common issues that those going through a divorce face. Almost equally so the frustrations of managing your changes in finances after a divorce can cause a lot of headaches.

Child Custody and Support

The most common issues that come up in a divorce are child custody, child support, and property division. These three issues are the ones that provide the most contention and are the hardest to resolve. There’s a misconception that the law favors the mother over the father in most divorce and child custody cases. That is not true. The law makes no such distinction. Both the mother and the father are on equal footing when it comes to these divorce issues.

In Florida, both parties are treated equally when it comes to child custody, access to the child(ren), and overnight timesharing with the child(ren). Courts are reluctant to award full custody to any parent unless there is evidence that the other parent is unfit or incapable of caring for the child(ren) because of their work schedule, lack of stable residence or the location of their residence.

Child support is often a source of contention in divorce cases. One party in a marriage usually earns significantly more income than the other party. When going through a divorce, there is an inclination on the spouse earning more income to make threats of not paying child support or only paying what they want to pay. When couples divorce, child support becomes a major issue because the loss of income created by the divorce usually puts one, if not both, parties in a worse financial position than they were in before. It’s important to remember that proper preparation and aggressive litigation is the only way to ensure that child support payments are just and equitable. Regardless of what your soon-to-be-former-spouse threatens, child support is statutory and mandatory. Our lawyers will make sure you get a fair child support award.

Ending a marriage is never a simple process. In an ideal situation, assets would be divided right down the middle and both parties would leave the marriage financially and emotionally sound. However, the complexities and nuances of divorce in the state of Florida don’t always create ideal situations. In particular, determining who will have custody over any children, and who will support them are some of the most common issues that those going through a divorce face. Almost equally so the frustrations of managing your changes in finances after a divorce can cause a lot of headaches.

Property and Asset Division

The other main issue that comes up in a divorce is property division. The biggest asset that most couples own is their home. Depending on who will have more overnights with the child(ren), there is usually an argument to be made that one party should maintain exclusive use and possession of the marital home. But overnights alone are not determinative as to who will possess the home or who will gain more from the sale of the home. It is important to speak with our lawyers to get personalized answers to your personalized issues. Generally speaking, property and assets are divided equally in a divorce absent a showing that one party is entitled to more because of rehabilitation or temporary support needs.

Make Sure You Get Your Equitable Share

The division of assets and property can be complicated at first glance. The court assesses the value of any non-monetary property. The court then divides the property. In Florida, the division must be equitably distributed, which means your property may not be split down the middle. The court will consider the following factors when distributing property:

• The contribution each spouse made to the marriage.
• The economic situation of each party.
• The duration of the marriage.
• If either party will experience an interruption to their career or education as a result of the divorce.
• How the spouse contributed to the purchase of the assets or property.
• Both of you agree that the marriage cannot be recovered.
• Whether a spouse will need to stay in a property in order to raise any children.
• Whether one party intentionally wasted any assets or destroyed any property within a two-year period of the initial filing for divorce.

During the divorce, the courts will also examine any marital financial assets and debts. Any assets or debts acquired during the marriage by either spouse are considered marital assets by the court. Non-marital assets are considered anything that was purchased or obtained before the marriage, or anything that either party may have received as a gift or inheritance during the course of the marriage.

Issues of Support and Compensation

In the state of Florida, the court may order that one party grants a permanent, or a rehabilitative, alimony to the other. These payments can be made in a lump sum, or monthly. Despite being a no-fault state, any issues of adultery or infidelity that can be proven will impact how much alimony is awarded to a party. The court will consider a wide variety of factors in order to come to a fair conclusion on how much support needs to be paid and on what timeline. These factors can include:

• The duration of the marriage.
• Each party’s earning potential.
• The standard of living each party enjoyed during the marriage.
• The heath and age of each party.
• If the child custody arrangement will impact the primary party’s ability to maintain a job while also caring for children.
• If one party was receiving financial support for education, or other means of support in the career field.
• Any and all sources of income for each party.
• Any debts, assets, and financial resources each spouse may have.

Why You Need a Divorce Attorney

Ending a marriage is never a simple process. In an ideal situation, assets would be divided right down the middle and both parties would leave the marriage financially and emotionally sound. However, the complexities and nuances of divorce in the state of Florida don’t always create ideal situations. In particular, determining who will have custody over any children, and who will support them are some of the most common issues that those going through a divorce face. Almost equally so the frustrations of managing your changes in finances after a divorce can cause a lot of headaches.

Get the Help You Need During Your Divorce

An amicable resolution is not always possible. Sometimes the parties involved are in a toxic place and require aggressive litigation to resolve the pending issues in their marriage. Our lawyers are highly skilled in divorce litigation. We conduct thorough and complete discovery of all the issues pending in your case. When appropriate, we utilized forensic accountants, psychologists, and other experts to strengthen our client’s position in court. We will not allow our clients to accept a bad deal because it is easy and convenient. We are prepared to litigate our client’s cases and seek a just resolution.