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815 Ponce De León Blvd, Suite 101, Coral Gables, FL 33134
1600 Ponce De Leon Blvd., Suite 1015, Coral Gables, FL 33134
29 Ponce De Leon Blvd, Miami, FL 33135
2121 S. Douglas Road, Suite 200, Miami, FL 33145
75 Valencia, Suite 800, Coral Gables, FL 33134
75 Valencia Avenue, Suite 400, Coral Gables, FL 33134
706 South Dixie Highway, Second Floor, Coral Gables, FL 33146
1430 S. Dixie Highway, Suite 322, Coral Gables, FL 33146
28 West Flagler Street, Suite 900, Miami, FL 33130
252 NW 29th Street, Suite 1050, 9th Floor, Miami, FL 33127
14 NE 1st Ave, Suite 300, Miami, FL 33132
150 Southeast 2nd Avenue, Suite 1000, Miami, FL 33131
6950 North Kendall Drive, 2nd Floor, Pinecrest, FL 33156
One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2200, Miami, FL 33131
2125 Biscayne Blvd., Suite 350, Miami, FL 33137
Two Datran Center, 9130 South Dadeland Blvd, Suite 1511, Miami, FL 33156
9350 S. Dixie Highway, Suite 1470, Miami, FL 33156
10691 N. Kendall Drive, Suite 210, Miami, FL 33176
1000 5th St #208, Miami Beach, FL 33139
1688 Meridian Ave., #900, Miami Beach, FL 33139
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Divorce Lawyers in Cities Near Miami, FL
People Often Ask…
Getting a divorce can have serious, long-term effects, both emotionally and legally. There are also strict legal requirements that cover everything from choosing a method of legal separation to selecting where and how to file, to deciding how the property should be divided. The divorce process can be confusing, especially without legal assistance. FindLaw's directory can connect you with trusted divorce lawyers in Miami, Florida to guide you through the divorce process and minimize the stress you experience during this difficult time.
There are several distinctions between divorce and separation.
First, legal separation may be a court-mandated step of the divorce process, with some states requiring that potential divorcees spend some time living apart in a form of legal separation before proceeding to formal divorce.
Outside of this requirement, legal separation is reversible, while divorce is not. Once you have been declared divorced from a former spouse, there is no going back. Legally separated spouses retain the right to inherit property as well, and may not remarry (as they are still considered married, despite separation).
Depending on your circumstances, you may have other options for ending your marriage besides a divorce. Many states offer legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support. This option doesn't legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.
An annulment, on the other hand, has the same legal effect as a divorce but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry.
While divorce may be permanent, it does not dispute the fact that a marriage was legally enacted and in existence in the first place.
An annulment, however, is very similar to a divorce as it may involve a dividing of assets, custody and visitation negotiations, and so on — but an annulment means that the marriage was established on false pretenses. If a man discovers, for example, that his wife has been lying about an extensive criminal past (or present), or that she was never formally divorced from a former spouse, he may file for an annulment rather than a divorce.
If an annulment is successful, it is — from a legal perspective — as if the marriage did not ever truly exist. Annulments can also be sought for religious reasons, particularly given the gravity of divorce in the understanding of certain faiths.
The division of marital property after a divorce will generally depend on whether or not you live in a community property state. The best way to determine whether your state is a community property state is to talk to a local attorney who can tell you what the law is and who can help you understand how that affects your situation.
Community property states consider nearly all property obtained after the marriage as equally owned by both spouses. As a result, the property will generally be equally split after the divorce. Absent community property statutes, it's typically up to the court to divide marital property between both parties. In either case, courts will normally accept a property division agreement if the spouses can create their own.
Attorneys aren't needed for every divorce, but in many cases, legal assistance can be beneficial, if not crucial. With the complex nature of some divorce procedures and emotions running high, it is often a good idea to have a knowledgeable resource for information and a skilled advocate for negotiations and possible court proceedings.
Do Both Sides Need to Find a Divorce Lawyer?
If both spouses are on speaking terms and being relatively fair-minded and pleasant with one another, a single divorce lawyer may be able to help them navigate their divorce proceedings. This may be the case for several no-fault divorces.
However, in instances where a fault is established, or combative divorce proceedings are expected to take place, it is highly advised that both spouses hire a skilled divorce lawyer to represent their best interests. Not only can a negotiation between professional legal counsel lead to a much more streamlined process, but this method may also remove some of the emotions associated with painful divorce proceedings.
Alimony and spousal support are interchangeable terms that refer to monthly payments from one ex-spouse to another following a divorce. These payments can be court-ordered or arranged by the parties involved and are intended to account for the adverse economic effect a divorce can have on one party. All spousal support agreements and amounts are unique, depending on the spouses' individual incomes and property, their earning capacity, the duration of the marriage and whether children and child support are involved, among other factors.
Can I Fill Out Divorce Forms Myself?
Yes, it is legal for individuals to fill out a divorce petition themselves. However, it is highly recommended that you find a divorce lawyer with experience for a consultation regardless, even if you are planning to have a mutually acceptable no-fault divorce.
Divorce paperwork can be complex, and the surrounding legal territory even more so. If you are facing a more acrimonious or complicated divorce, you should seek legal representation immediately.
Miami, FL 33125
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Miami, FL 33130
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Miami, FL 33128
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