Separating from a spouse is one of the most difficult decisions a person will ever have to make. Many spouses will put off filing a divorce for years because they are afraid of disrupting their children’s lives, losing their homes, or living without their partner’s benefits and income—and the struggle often escalates after the papers have been filed.
At MSJ Law, our family law services do not just involve divorce; we focus on the relationships between spouses, parents, and children. As a result, the conflicts in each case can vary widely: some spouses are separating amicably, some only disagree on custody, some will dispute parentage of their children, and some cannot find any common ground at all. Our family law attorneys can advise you on all changes that will affect your family’s finances, living situation, legal protections, and your relationship with your children.
Guidance and Protection Throughout Your Miami Divorce Case
Attorneys Antonio Jimenez and Denise Martinez-Scanziani are sensitive to both the emotional and financial aspects of family law cases. We know that the problems you are facing are deeply personal, and we listen carefully to your concerns to help you get through the daily struggles while working to provide long-term solutions. Call 305-274-9033 or fill out our online contact form to schedule your free, confidential consultation.
We provide legal advice and support for:
- Divorce. It is vital that our clients receive a fair portion of the property and assets they need to move on after separation. We advise separating parties on the division of assets and mediate disputes between spouses. We will not hesitate to go to court to secure a favorable outcome.
- Prenuptial agreements. We are sensitive to the potential financial repercussions of divorce, so we can work to protect your future even before you marry. We draft prenuptial agreements for our clients to protect their wealth and holdings, negotiate the terms of a prenup between future spouses, and can represent you in court to enforce or contest the terms of the agreement.
- Alimony and spousal support. There are many different types of alimony payments available to divorcing spouses. Some spouses may require permanent payments, while others may be entitled to alimony during the divorce case or for a short time afterward as they reenter the job market. We examine each spouse’s income, available assets, child care, and other factors to estimate a fair alimony payment.
- Child support and custody. The end of a marriage may not be the end of your relationship with your partner. If you have children, you will need to find a way to share custody, negotiate visitation rights, and ensure that your contact with your former partner is not disruptive to your child. We can fight for your rights to retain custody of your children, help you secure a fair amount for the support of your children, and advise you on any modifications to child care and custody agreements if circumstances change. If your former spouse is not meeting the requirements of the agreement (such as parenting plans and responsibilities), we can go to court to enforce the terms of your marital settlement
- Paternity cases. Many cases will hinge on whether an alleged father is the actual biological father of a child. We represent both mothers and fathers in these cases to prove or dispute paternity findings, making sure all rights and responsibilities of our clients are respected.
- Division of marital property. Florida law mandates an equitable distribution of all marital property, but the rules are rarely clear-cut. A spouse may have a right to a portion of property acquired before marriage, such as bank accounts, retirement accounts, stock options, business interests, and valuable personal items. Similarly, spouses must find an equitable way to share any outstanding debts that will survive the marriage. We can find creative solutions to ensure that our clients are in a strong financial position after separation.
- Post-judgment modification of orders. Separated spouses with children may need to change the court-ordered terms of their visitation, child support, and custody agreements. In order to make changes, a parent must petition the court and show good reason for modifying the agreement, such as a major life change or unanticipated financial problems. Our attorneys help clients make their case to the court, allowing them to retain access to their children even when they are unable to provide financial support.
- Relocation. Under Florida law, divorced parents who share child custody may not move more than 50 miles away from the other parent without permission. An ex-spouse who needs to move for work reasons or wants to be closer to family will need permission from his or her ex-partner before making the move. If the ex-spouse does not consent to the move, we can help you petition the court for a ruling in your favor.
- High-profile matters. In cases where one divorcing parent earns significantly more than the other, the court may have to decide how much should be awarded to the parent who cares for the children. One solution is to create a “good fortune” trust, which provides funds for the direct benefit of the children. These high-profile cases often attract the attention of the media, and our attorneys focus on your privacy while working to find an equitable compromise.
- LGBT/Same-sex relationships. Same-sex marriages are now legal in every state, entitling these couples to share all of the same public and private benefits. However, same-sex marriages can present unique challenges, especially if the couple divorces. If a same-sex couple has children, maternity and paternity may be challenged depending on which partner carried a child or aided in conception. We help establish our clients’ parental rights to ensure he or she retains visitation or custody after divorce.
- Injunctions and restraining orders. A restraining order can protect a victim from someone who has committed domestic violence, repeat violence, dating violence, or sexual violence. Our attorneys assist clients in filing an injunction against a violent partner, and also helping clients who have been served with a restraining order to understand their rights.
- Appeals. If you feel that justice was not served in your case, you can appeal the decision in a higher court. Clients can appeal a decision multiple times, and cases can go all the way to the state supreme court. Our attorneys closely examine the details of your case to determine its strengths and weaknesses and advise you on how to proceed based on your specific circumstances.
When so much is at stake, it is important that you know exactly what your rights are and what you can expect as you move forward. Please call us today to speak with an attorney in your free, confidential phone consultation, or use our online contact form to tell us more about your case.