Miami family law lawyers are well versed in the Florida State Laws. They can cater to anyone in the Miami –Dade County area which includes Miami Beach and Virginia Key. Of the three courthouses in Miami, family law cases are conducted in one. An online search can easily provide you with the names, education, training and client recommendations to help you zero in on a good family law attorney in Miami.
There are at least a hundred family law firms in Miami, with experience in divorce, prenuptial agreements, juvenile issues, cohabitation, adoption etc. They help sort out issues which have legal implications and more importantly draw up agreements for each of these issues wherever they are required.
In a divorce there are many related aspects that the couple need to agree upon, two important ones being alimony and child custody. Let us look at each of these.
Alimony – or spousal support is the financial support compulsorily to be offered by the breadwinner spouse to the recipient spouse. The state of Florida is constantly reviewing the alimony statute as it is thought to be unfair and burdensome to the sole breadwinner spouse. So the recipient spouse should be well informed of these developments and not set his or her expectation of spousal support too high. A good alimony attorney in Miami would advise his or her client accordingly and get the client the best settlement in the circumstances.
The amount of alimony can be mutually agreed upon by the couple or, if this is not possible, the court can award the alimony to the recipient spouse on the basis of the statutes present in the laws.
The factors considered by the judges when awarding the amount and tenure of alimony are the following:
– The standard of living of the couple.
– The age, education of the couple
– The length of the marriage
– Any financial considerations like education, childcare etc.
– Sources of income of each spouse
– The assets and financial resources of the couple.
Based on the study of the above, the amount of alimony is awarded, also specifying whether it is a permanent alimony or not. Temporary alimony is paid from the date of filing the petition through the date of final hearing.
Child Custody – custody of children after a divorce is often a contentious issue. Child custody is decided keeping the best interests of the child in mind. Child custody involves both legal and physical custody. The person having the legal custody of the children has a say in their education, religion, discipline and medical care. Physical custody decides where the child will reside. Shared custody is preferred to sole custody by Miami courts. Parents can draw up with the help of a child custody lawyer in Miami, a parenting plan which outlines the time sharing schedule. This plan is submitted to the court for approval. When the parents are unable to agree on a parenting plan, the court draws up one for them after studying the case thoroughly. The child if old enough, is also encouraged to voice his or her preferences.
Alimony and child custody once taken care of, smoothen the road ahead for a harmonious separation. Divorce is sad, but it need not be miserable.