Specializing in Complex Family Law Matters in the Miami Area

Family Law

Family law matters can quickly become high conflict as spouses going through a divorce often have disagreements on many issues to navigate their dissolution. Divorces can be contested greatly when the spouses are in disagreement and cannot come to an agreement without litigation. We always prepare for whatever conflict may arise, albeit through the court or otherwise. We work hard to try to resolve all issues without litigation while always preparing for litigation, if necessary. Divorces can also be uncontested meaning you and your spouse agree or other parent to the terms of resolution and we can assist you with a swift and amicable resolution. Mediation is generally less acrimonious than a court proceeding. It is possible for the spouses or parents to negotiate a settlement agreement with the assistance of a family law attorney in the Miami area without litigation. If the spouses or parents to the children cannot come to an agreement, a final hearing or trial before a judge will be necessary.

Divorce

Florida is a no-fault state, which means you do not need consent from your spouse to get a divorce. You can get a divorce provided the marriage is irretrievably broken; you do not need to give any other reason other reason why you no longer want to be married. If one spouse was declared legally incompetent for more than three consecutive years which must pass before the filing of the divorce petition and the court will dissolve the marriage. The petition for divorce must be filed with the circuit court in the county in which the spouses last lived as a married couple. We are available to represent you with any type of Dissolution of Marriage proceeding, whether high conflict, high-net-worth, or uncontested/simplified divorce.

Parenting Plans for Minor Children (formerly known as “Custody”)

Many parents cannot agree on one or more aspects of their child’s life after a divorce or their separation if not married, such as the division of the child’s time between each parents home, the designation of parental responsibility or where the child will go to school. Parties with minor children are required to establish a parenting plan, either by agreement or as established by the Court, which determines issues related to the upbringing of the child or children. There is no presumption in favor of a parent of a particular gender, but Florida law does set forth a presumption that equal timesharing and shared parental responsibility is in the best interest of a child. These presumptions may be rebutted and what is in the best interest of a child is analyzed on a case by case basis. Sometimes it is possible for an experienced Miami divorce and mediation attorney to help the parents negotiate a parenting plan, which is an agreement that outlines each parent’s parenting responsibilities and time with the child. When the parents cannot agree, the court will make a decision in the best interests of the child. There are 20 factors to be considered when determining a child’s best interests and are set forth in §61.13, Florida Statutes.

Child Support

Both parents owe an obligation to financially support their child. Usually, the parent who has the child or children for the majority of the time gets child support from the other parent. Child support is meant to pay for shelter, electricity, water, food, and other needs of a child. Sometimes a parent’s circumstances substantially change after a final judgment on child support is entered. It may be necessary to obtain a modification of child support from the court by showing a substantial change in circumstances that is involuntary, material, significant, and permanent.

Alimony

There are several different types of alimony that may be awarded in connection with a divorce: Temporary lasting only through the divorce, Rehabilitative, to allow one of the spouses to become trained or educated such that he or she is self-sufficient, Durational meaning that it gives economic assistance for a certain period of time, Bridge the Gap between marriage and being single, and Lump Sum, which is a form of payment of alimony. Florida previously permitted permanent alimony; however, it was abolished in July 2023. A divorce and mediation lawyer can advise South Florida residents on the type of alimony (if any) that may be appropriate in their case. The standard of awarding alimony is the same regardless of the parties’ net-worth or earning levels and is determined in accordance with §61.08, Florida Statutes.

Prenuptial and Postnuptial Agreements

Prenuptial or Antenuptial Agreements are contracts that two people create prior to their marriage. Often, people enter into a prenuptial agreement, in order to protect their assets, property, or income earned during the marriage in case of a divorce. Postnuptial agreements are contracts that spouses devise in order to make a specific arrangement for their property, support children after they are married and are allowable pursuant to §61.079, Florida Statutes. Sometimes couples enter into these agreements in order to change the terms of a prenuptial agreement, while in other cases, conditions change within the marriage so that one or both spouses feel that such an agreement is needed.

Domestic Violence Injunctions

We represent people seeking domestic violence injunctions as victims of violence and/or stalking by a family or household member, as well as people wrongfully accused of domestic violence or stalking. In Florida, there is domestic violence when a perpetrator commits certain crimes against a family or household member. These crimes include assault, kidnapping, battery, stalking, sexual assault, false imprisonment, or an aggravated form of one of the foregoing crimes, among other crimes. If you are a victim of one of these forms of violence by a household or family member, you should seek an injunction to protect your safety. However, there are situations in which someone is falsely accused of perpetrating violence, or in which the accusations are exaggerated. Our Miami divorce and mediation lawyers can help defend against an injunction so that you are not affected adversely by a restraining order in connection with your work or access to your child, whether associated with divorce and in unified family court, or in domestic violence court.

Estates and Trusts

We handle both administration and litigation of estates. Probate is the process of identifying assets that belong to an estate and using them to pay off outstanding debts. Once debts are paid, the remaining assets are distributed to identified beneficiaries. When someone dies without a will, that person dies “intestate,” and their assets are distributed according to Florida law. There are situations in which there is a will, but it is suspicious based on how it was created or executed, or whom it disinherited. In that case, it may be appropriate to bring a will contest. Estate litigation can also arise in connection with the validity or administration of a trust. We have successfully litigated trust cases through South Florida, Palm Beach, Broward, Miami-Dade and Collier counties.

Guardianships

Guardianships give one individual lawful authority to make financial and personal decisions on behalf of and for another individual. Guardianships may be put in place when a minor no longer has parents, or when an elderly or infirm person is incapacitated and is unable to care for their own needs. A guardianship of the property is necessary when a minor will receive funds or assets with a value of $15,000.00 or more. Guardianships can be over the person, just their property or both and a guardian’s rights may be plenary or limited. When a guardianship is put in place for a person, that person is known as a ward. His or her guardian will be given certain rights, and the ward will not be authorized to make those decisions for himself or herself. The guardian is supposed to make decisions based upon the ward’s best interests, and their performance in making decisions is subject to judicial review and authorization. Our firm handles both the administration of guardianships and litigation related to them.

Mediation

Mediation and litigation are both used when parties cannot come to an agreement on their own, but they are significantly different processes. Litigation is a matter of public record and in which issues are determined by the Court. Whereas mediation is confidential. Mediation may be court ordered or is voluntary, and its scheduling is based on the mediator’s and the parties’ private arrangements. Mediation is not bound by the same laws and rules that govern litigation, so the agreements that come out of mediation can be more creative than what the court decides. The purpose of mediation is to devise an arrangement with which both sides can live. The mediator, who facilitates mediation, is not a judge but is there to help negotiate a mutually satisfactory solution. Family law mediations are a confidential process and give parties the opportunity to freely and openly engage in settlement communications and reach agreements without the Court deciding.

Consult an Experienced Divorce and Mediation Attorney in Miami

Hertz • Sager prides itself on treating clients’ problems with compassion and care. If you are concerned about a family law matter in South Florida, you should consult our sensitive attorneys for advice and advocacy. We represent people throughout Miami-Dade, Broward, Palm Beach and Collier Counties. Call us at 305.444.3323 or use our online contact form.