attorney law family miami

Introduction

Hey there, readers! In the vibrant city of Miami, navigating family law matters can be a complex and emotionally charged affair. That’s where attorney law family miami comes in – a beacon of legal guidance and support for those facing family-related challenges. In this article, we’ll delve into the intricacies of family law in Miami and empower you with knowledge to make informed decisions. Whether you’re contemplating divorce, seeking child custody, or grappling with other family issues, this guide will illuminate your path forward.

What is Family Law?

Family law encompasses legal matters pertaining to the family unit, including:

• Divorce
• Child custody
• Child support
• Alimony
• Prenuptial agreements
• Adoption
• Domestic violence

The Legal Framework of Family Law in Miami

Statutes

The foundation of family law in Miami lies in the Florida Statutes, which provide a comprehensive framework for family-related matters. These statutes address everything from the grounds for divorce to the determination of child custody and support.

Case Law

In addition to statutes, case law plays a significant role in shaping family law in Miami. Appellate court decisions interpret the statutes and establish precedents that lower courts must follow. These decisions provide guidance on how the law is applied in specific situations.

Divorce in Miami

Grounds for Divorce

In Miami, there are two main grounds for divorce:

• Irretrievable breakdown of the marriage
• Mental incapacity of one of the spouses

Divorce Process

The divorce process in Miami typically involves the following steps:

• Filing a petition for divorce
• Serving the other spouse with the petition
• Completion of a 20-day waiting period
• Finalization of the divorce by a judge

Child Custody in Miami

Types of Child Custody

In Miami, there are two primary types of child custody:

• Sole custody: One parent has complete decision-making authority over the child.
• Joint custody: Both parents share decision-making authority.

Factors Determining Child Custody

Courts in Miami consider various factors when determining child custody, including:

• The child’s age and maturity
• The relationship between the child and each parent
• The parents’ ability to provide a stable and nurturing environment
• The parents’ history of domestic violence or abuse

Child Support in Miami

Child Support Calculations

Child support payments in Miami are calculated based on a formula that considers:

• The income of both parents
• The number of children
• The age of the children
• Any special needs of the children

Enforcement of Child Support Orders

Courts in Miami have various tools to enforce child support orders, including wage garnishment, liens on property, and even jail time.

Family Law Resources in Miami

Legal Aid Societies

Legal aid societies in Miami provide free or low-cost legal services to families in need.

Domestic Violence Hotlines

Domestic violence hotlines offer support and resources to victims of domestic violence.

Family Counseling Services

Family counseling services can help families navigate the challenges of divorce and other family issues.

Conclusion

Attorney law family miami is an essential resource for individuals and families facing family law matters. By understanding the legal framework, the divorce process, child custody and support, and the available resources, readers can navigate these challenges with confidence. Remember, knowledge is power, and it empowers you to make informed decisions that will safeguard your interests and protect your loved ones. If you’re seeking further legal guidance, we encourage you to explore other articles on our site that delve into specific aspects of family law in Miami.

FAQ about Attorney Law Family Miami

What are the main areas of law that your firm handles?

Our firm specializes in family law matters, including divorce, child custody, child support, alimony, and domestic violence.

What is the process for filing for divorce in Florida?

In Florida, one spouse must file a petition for divorce with the Circuit Court. The other spouse must then be served with the petition and has 20 days to respond.

How much does it cost to file for divorce in Florida?

The filing fee for a divorce in Florida varies depending on the county in which it is filed. In Miami-Dade County, the filing fee is $408.

How long does it take to get a divorce in Florida?

The time it takes to get a divorce in Florida varies depending on the complexity of the case. However, most uncontested divorces can be finalized within a few months.

What is the difference between legal separation and divorce?

Legal separation and divorce are both legal processes that end a marriage. However, legal separation does not dissolve the marriage, while divorce does.

What are the grounds for divorce in Florida?

In Florida, there are 12 grounds for divorce, including:

• Irretrievable breakdown of the marriage
• Adultery
• Abandonment
• Domestic violence
• Mental illness
• Substance abuse
• Incarceration
• Impotency
• Fraud
• Duress
• Bigamy

What is child custody?

Child custody refers to the legal right of a parent to have physical and/or legal possession of their child.

What are the different types of child custody?

There are two main types of child custody:

• Legal custody: The right to make major decisions about the child’s upbringing, education, and medical care
• Physical custody: The right to have the child live with you

What factors do courts consider when determining child custody?

Courts consider a variety of factors when determining child custody, including:

• The child’s best interests
• The child’s wishes
• The parents’ fitness
• The parents’ relationship with each other
• The stability of the parents’ homes

What is child support?

Child support is a court-ordered payment made by one parent to the other parent to help cover the costs of raising the child.