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Areas of Practice
Dissolution of Marriage (Divorce)
Couples usually marry with the idea that their marriage will last forever; but sometimes, a party is better off dissolving his or her marriage rather than staying in an intolerable situation. Florida is a no-fault state, which means that no grounds, or reasons, are necessary to obtain a divorce. Florida typically has only two requirements for a divorce: one of the parties must have been a resident of the State of Florida for at least six months before the filing of a petition to dissolve the marriage, and one of the parties must state at a final hearing, under oath and before a judge, that the marriage is irretrievably broken.
Sometimes divorce cases are very simple with few issues. The vast majority of the cases handled by us, however, involve numerous and complicated issues such as child timesharing, parenting plans, child support, alimony, equitable distribution of marital assets and liabilities, and the responsibility for paying attorney’s fees and costs associated with the matter.
From the beginning and throughout our representation of a client, we explain to the client what she or he should reasonably expect to happen during the various stages of the process. We remind the client of the legal and factual issues involved in her or his case, as well as the need to consider the financial and emotional costs of various divorce methods.
Perhaps most importantly, we understand that a divorce is one of the most traumatic experiences that someone can have. We try to provide an objective and reasonable voice to our clients to steer them toward a result that will suit their best interests.
Timesharing and Parenting Plans for Children
The timesharing of children is frequently a significant issue to our clients in divorce matters, paternity cases, relocation and timesharing (custody) modification actions. Throughout these procedures, we encourage all parties to consider the best interests of the children. This type of case is usually emotional and sometimes requires the use of mental health professionals and/or a Guardian Ad Litem. We have extensive experience in handling such cases while trying to minimize our client’s emotional anxiety and concerns. We will work with all parties to determine what is in the best interest of our client and the children. We help our clients formulate a Parenting Plan, as required by Florida Statutes §61.13, to address how all of the issues affecting minor or dependent children shall be resolved.
Child Support
Child support is an issue that must be addressed by the parties whenever minor or dependent children are involved in a family case. Florida Statutes §61.30 sets forth the Child Support Guidelines, the basic starting place for all child support calculations. We use the latest computer programs to calculate the amount of child support that should be paid.
Our main job when it comes to child support is to determine the true income of the parties and the proper deductions to utilize. Without the most accurate information, the child support calculations cannot be prepared properly, which would have a negative effect on the children.
There are times when it may be appropriate to deviate from the Child Support Guidelines. This is frequently done when a child has special needs or when one of the parents has particular needs or circumstances which make it inequitable for him or her to pay child support according to the strict statutory guidelines. These exceptions will be considered in determining an appropriate amount of child support.
Alimony
Alimony is another issue that must be addressed in many cases. From the beginning of our representation, we are concerned with our client’s entitlement to receive or obligation to pay alimony. Alimony may be temporary (perhaps while litigation is pending), rehabilitative (to enable a party to become totally or more self-sufficient), bridge-the-gap, permanent, or lump sum. We advise our clients of the likelihood they will receive or be required to pay alimony. This affects how we handle the settlement negotiations or litigation of the case.
We are mindful of the cost of litigating the issue of alimony and advise our clients accordingly. Our goal is to resolve this matter as quickly and as efficiently as possible, obtaining a fair and equitable arrangement whether our client is negotiating the payment or receipt of alimony.
Equitable Distribution
The division of assets and liabilities of a marriage is an important aspect of divorce. Under Florida law, the starting point is to equally divide the value of those assets and liabilities that were accumulated during the marriage as a result of the fruits of the parties’ labor during the marriage (in most cases, their salaries). During this process, we are very mindful of the costs of the process versus the potential gain. We strongly urge our clients not to argue over small items, because the amount of attorney’s fees spent to retain possession of items such as pots, pans and dishes, is frequently more than the value of the items. In appropriate circumstances, we might seek an unequal division of the marital assets and liabilities, especially when alimony is awarded as a lump sum or if the other party has either dissipated or expended an unequal amount of the marital assets.
Paternity
Our attorneys handle cases in which it is appropriate to file an action to determine paternity. This type of action is generally filed on behalf of a mother, to legally establish the financial obligations of the father to support a child, or on behalf of the father, to establish his rights as the father of a child. Paternity actions may also include seeking custody for either parent in appropriate circumstances. We are always mindful of the sensitive nature of paternity actions, so settlement negotiations are handled in a respectful, appropriate and private manner whenever possible.
Pre- and Post-Nuptial Agreements
Sometimes, before or during marriage, an individual wants to protect his or her assets and income from the claims of a spouse. Under these circumstances, we will prepare and negotiate a Pre- or Post-Nuptial Agreement. When representing the party who is safeguarding assets or income, we will make recommendations and negotiate a contract which attempts to protect our client to the greatest extent possible, while still being fair to the future or other spouse. When representing the party who is being asked to sign a Pre or Post-Nuptial Agreement, we first explain his or her rights and obligations under the potential contract, and then discuss the rights and obligations that would exist if the agreement is not executed. We then try to negotiate the best possible agreement for our client, with the goal of obtaining as much financial security as possible.
Settlement Agreements
Settlement agreements are needed to memorialize the terms of settlements of matters that we handle for our clients. Such agreements are treated like contracts, so the drafting skills of the attorneys involved in the preparation of the settlement agreements are very important. We normally prepare settlement agreements for our clients, although we are occasionally asked to review agreements that are prepared by the other party’s attorney.
Our goals in preparing or evaluating a settlement agreement are to accurately memorialize the terms of the parties’ agreement, to address as many issues and contingencies as possible and to try to provide solutions to various potential future problems. Our clients always participate in the negotiation of settlement agreements. The terms and the effect of each of the settlement agreement provisions are explained to our clients in detail, as are the consequences of entering or not entering into the agreement.
Domestic Violence
The judicial system in Miami-Dade County is one of the national leaders in dealing with domestic violence cases. We represent both victims and alleged perpetrators of domestic violence in civil and criminal courts. While the civil domestic violence portion of the judicial system was created to enable a party to handle the case by him or herself, sometimes it is in a party’s best interest to be represented by an attorney in that process. We assist victims of domestic violence to present their case to the judge to make it very clear that the acts of domestic violence occurred, that the victim has a reasonable fear of further acts of domestic violence and that it is in the victim’s best interest to obtain a domestic violence injunction to protect him or herself. We also suggest resolutions to the court to provide the maximum protection to our clients. We represent respondents in domestic violence actions to protect them from possible false claims made by the petitioner in an effort to manipulate a dissolution of marriage or child custody action, or to minimize the effect of a permanent injunction if it is entered, especially to ensure that the respondent still has meaningful contact with the parties’ children.
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