Miami Divorce Attorney
Are you considering filing for a divorce in Miami, or have you already begun the process and need a reliable experienced family lawyer to represent you through the process? I am Attorney Antonio Jimenez, a divorce attorney in Miami with a long history of successful divorces in Florida, and I will be happy to discuss having you as a client. I have represented clients in mediations, contested divorces, and uncontested divorces, and I will guide you through every step of this complicated and sometimes overwhelming process.
Aspects of a Divorce
There are many details that go into finalizing a divorce, and each one varies in complexity based on a variety of factors. Your divorce will be unique to your circumstances, but there are a few common issues that need to be resolved before a divorce is finalized in family court.
Property & Asset Division
Depending on when and how your property and assets were acquired, Florida law identifies them as either marital or non-marital property. Marital property is property acquired during the marriage, and non-marital property or assets were owned individually by one spouse before the marriage. There are a variety of other specific factors that are used to determine which assets are considered marital or non-marital, but this is a simple overview of the two types of assets under Florida’s divorce laws. The important thing for you to remember is that marital property is subject to division in a divorce, whereas non-marital property is not.
Child Custody & Support
If there are children from your marriage, then the issues of child custody and child support will be central to determining the outcome of your divorce:
- Child custody: I will work with you to identify the best custody solution that will benefit your child or children, and I will strive to obtain an equitable decision by a family court judge or an amicable agreement between you and your spouse on this issue.
- Child support: When a parent takes the majority of custodial rights in a divorce, this does not mean that they take all of the financial burdens as well. I am dedicated to working with you and your spouse to come up with a fair amount of child support to be paid in order to support your children while allowing the paying spouse to maintain a reasonable quality of life.
If one spouse made a significant amount of the shared income in a marriage, this may mean that one spouse is left in an unstable financial situation following the divorce. Alimony is a term-limited protective device for this spouse, where they receive payments from the more-stable spouse until they are able to get on their feet.
Along with assets and property, there is often debt that needs to be addressed in a divorce. Depending on the nature of the debt, the origin of the debt, and more, I will work collaboratively with you to determine which spouse will be responsible for each debt before finalizing the divorce.
Types of Divorce
In an uncontested divorce, each spouse has agreed to work together collaboratively to reach an agreement on the big issues in the divorce. I provide my clients with the legal representation they need to negotiate the terms of their divorce with their spouse and their spouse’s lawyer, in order to find common ground before presenting the divorce to a judge.
An uncontested divorce is certainly a more appealing option than a contested divorce because it gives you and your spouse full control over the outcome of your divorce. Moreover, uncontested divorces are more cost-effective than their contested counterparts. Once you and your spouse reach an agreement on all of the major issues in your divorce, you will submit the divorce agreement to a judge, at which point a family court judge will review and finalize it for you. If you and your spouse have decided to pursue an uncontested divorce, I will educate you on the various divorce laws in Florida and provide you with the guidance you need to ensure that a fair and legal outcome is reached.
Mediation is a form of alternative dispute resolution that is often used to determine the terms of an uncontested divorce. During mediation, you, your spouse, and your respective lawyers will meet with a neutral third party called a mediator to work through the various issues in your divorce that need to be addressed.
A collaborative divorce is similar to mediation, but instead of a mediator, the attorneys of both parties work collaboratively to reach an agreement for their client. This can be accomplished through negotiations that take place between both parties and their attorneys or through various forms of alternative dispute resolution, such as mediation.
If you and your spouse are unable to reach an agreement by utilizing a collaborative process, you may need to have a full contested hearing with a family court judge. This option is a lot more time-consuming, expensive, and contentious. There will be a period of exploration, interviews, and more before a final decision about each issue in your divorce is determined by a judge. You may be able to file for an appeal if you find that some issues are not resolved fairly, but this is usually a last-resort option.
If you are going into a contested divorce, I will work with you every step of the way to ensure that you are given a fair decision at the end of the case. I will work to build arguments that support your position and provide the aggressive representation you need to prevail in a contested hearing. Moreover, obtaining the services of a Miami divorce attorney with extensive trial and contested hearing experience will allow you to go through the divorce process with the confidence needed to reach a divorce agreement that meets your unique needs.
No-Fault Divorce in Florida
Florida is a pure no-fault divorce state, which means that the only grounds for a couple to file for divorce are if the marriage is “irretrievably broken” and is beyond repair. These are no-fault grounds because they don’t require either spouse to prove any particular fault in the other spouse. Many states offer both fault and no-fault grounds, but Florida only offers no-fault grounds for divorce.
Alternatively, a spouse could file for a divorce based on the mental illness of the other spouse. This process can be more complex and has a higher burden of proof, so divorces based on the marriage being “irretrievably broken” are much more common.
To learn more about filing for divorce in Florida, contact our firm today!
The Length of the Divorce Process
There is no set length of time that a divorce can take, and the time it takes will vary depending on whether or not you and your spouse are able to reach an agreement before filing for the divorce in a Florida family court. An uncontested divorce could be over in three to four months, whereas a contested divorce could take two or more years depending on how complicated it is.
Contact Me Today
If you are looking for an experienced divorce lawyer in Miami, contact my office today to schedule an initial consultation. You will have an opportunity to explain your situation, give me the details of your marriage, and gain an understanding of what sort of approach I believe will be the most effective for you.