Family Law

Miami Attorneys Helping People With Domestic Disputes

Deciding to alter the structure of a family often involves a complicated interplay of emotional and legal considerations. In many instances, people are unable to resolve disagreements over domestic issues without legal intervention. Divorces, disputes involving children, and other family law proceedings can be complicated, and it is important for anyone dealing with such concerns to retain the assistance of a lawyer. At Hertz • Sager, our Miami family law lawyers are mindful of the sensitive nature of matters involving personal relationships. We can present compelling arguments on your behalf to help you fight to protect your interests.

Below are some common issues that may arise in the area of family law.

Divorce and Property Division

In Florida, if one spouse has lived in the state for a minimum of six months, either party can file for a divorce, which is known as a dissolution of marriage. Divorce proceedings can be contentious, especially when the parties involved in a divorce action have valuable assets. Florida is an equitable distribution state, which means that all marital property and marital liabilities are subject to division in a manner that the court deems fair and just. With some exceptions, marital property is any property that either spouse obtains during the marriage, unless it is specifically designated as separate property.

Alimony

Parties can seek alimony in divorce actions as well, but it will only be granted if the court expressly finds that the party requesting it needs it, and the other party has the ability to provide the financial support. If a court finds that alimony is warranted, it will weigh numerous factors to determine the appropriate amount and duration, such as the length of the marriage, the age and the emotional and physical health of each spouse, and the standard of living enjoyed during the marriage. In Florida, a party can receive temporary, rehabilitative, bridge-the-gap-, durational, and lump sum alimony. In 2023, Florida abolished permanent alimony and placed limitations of the other types of alimony. A family law attorney can help Miami residents pursue or defend against an alimony request.

Prenuptial & Postnuptial Agreements

People with high net worth can take measures prior to getting married to protect their assets and avoid protracted litigation over the division of property and alimony in the event of a divorce. Specifically, they can enter prenuptial or postnuptial agreements, which are essentially contracts that define each spouse’s rights with regard to property, income, and alimony in the event of a divorce. Prenuptial agreements are entered into before the marriage, while postnuptial agreements are entered into after the marriage. These agreements must be written and signed to be valid. Additionally, they will not be enforced if they were not voluntarily entered into, or if they arose out of fraud, coercion, or duress. If either party failed to disclose his or her assets or obligations adequately, and the other party did not waive the right to such a disclosure, the agreement will be unenforceable as well.

Issues Involving Children

Notably, parties cannot establish duties or rights affecting child custody (time-sharing and parental responsibility) or child support in premarital agreements. Instead, if a couple with children divorces or ends their relationship, the courts must decide those issues if the parents cannot agree. Each parent should make sure to retain a Miami family law attorney who can assert their interests. Generally, Florida courts assess what is in the child’s best interest when making time-sharing and parental responsibility determinations.. In 2023, the Florida Legislature revised Florida law to provide a presumption that equal time-sharing is in the best interests of the child, unless one parent proves by a preponderance of evidence that equal time-sharing is not in the best interests of the child. Even if the parents share time-sharing and parental responsibility, a parent may be ordered to pay child support. Florida employs an income shares model for calculating support, which means that the court will look at the combined income of both parents to determine a suitable amount.

Contact a Dedicated Miami Attorney

It is vital for people contending with family law issues to take the measures necessary to protect their rights and assets. The knowledgeable attorneys at Hertz • Sager take pride in helping people navigate through the complexities of delicate matters, and if you hire us, we will work diligently to help you pursue the best legal outcome available under your unique circumstances. We regularly help people with family law issues throughout Miami-Dade, Broward, Monroe, Palm Beach and Collier Counties. You can contact us by calling us at 305.444.3323 or accessing our online form to set up a meeting with a family law lawyer in the Miami area.