Family law is that branch of law that deals with the legal aspects of family-relationships including divorce, adoption, child custody etc. Family law attorneys Miami and other places generally handle issues concerning child support, alimony etc. Within this sector too, there may be further specialization by certain lawyers and law-firms as in:
– Paternity determination
– Spousal support
– Division of assets and liabilities in divorce
– Termination of parental rights
– Child abuse
and many others. Like all other family law practitioners, Miami family lawyers deal with the legal issues and provide essential support/advice/guidance to clients going through such stressful situations.
Divorce and Child Custody Laws in Miami, Florida
Many a love-story begins in the Sunshine State, but not all of them end “happily ever after.” Unfortunately, when the couple decides not to continue with their relationship, there may be children involved, which tends to complicate matters.
Florida has enacted the “no-fault” dissolution of marriage statute. This implies that both parties are complete, equal partners who share equal rights, responsibilities and liabilities in the marriage. There are two grounds for divorce:
– Irretrievable breakdown of marriage
– One of the spouses is mentally incapacitated
The divorce proceedings involves a step by step procedure:
– Filing the Pleadings
– The first party (petitioner) bears the filing fees
– Process-server hired
– Petitioner serves petition for dissolution of marriage on the other party
– Respondent answers petition
– Pleading proceedings begin
– Each party submits grounds for divorce, jurisdiction established, facts of case stated, relief from court requested
– Granting of divorce, property settlement/alimony/child-custody/maiden-name resumption etc
Today, it is common in all states including Florida, to award child custody to both parents at the same time. The children are given in physical and legal custody to both parents, who share equal responsibilities. Though this doesn’t mean “equal” custody, it seeks to reduce conflict so that arrangements can be worked out equitably between both parents. Grandparents are given visitation rights in all states except District of Columbia.
How Family Law Firms Help
Though the process is designed to be smooth, there can be challenges if one or both parties decide to make it difficult, or ego-problems come into play. Division of assets/child-custody/sharing of liabilities are some of the contentious areas, where each party can act in a desire to hurt the other.
Experienced Miami family law lawyers, alimony attorneys Miami and child custody lawyers Miami are usually skilled negotiators/litigators. They possess strong counseling and time-management skills and basic understanding of financial and accounting matters. They provide guidance/advice to clients as well as make relevant presentations to the court.