Divorce Lawyer in Miami

Contact Mitchell & West LLC for Trusted Miami Divorce Attorney Services

If your life and future have been turned upside down by the prospect of a divorce, you need legal counsel you can trust. At Mitchell & West LLC, we have the dedication and skill to protect you and your loved ones' interests in custody disputes, complex divorces, and post-divorce matters. Our Miami divorce attorneys are committed to providing reliable representation.

Our team is adept at handling a variety of family law issues, ensuring that every client receives personalized attention and guidance throughout the legal proceedings. We understand the intricacies involved in divorce cases, from child custody arrangements to alimony disputes. Our attorneys are familiar with local Miami family law courts and are ready to represent you with confidence and diligence.

Why Choose Our Miami Divorce Lawyers?

• Included in Super Lawyers® (top 5% of FL attorneys)
• Legal Services in English & Spanish
• Passionate, Trial-Ready Family Law Representation
• Collaborative Approach of Our Whole Team

We devote our entire practice to the pursuit of justice for our clients. We are ready to assert your legal rights, guard your child’s best interests, and help you craft the next chapter of your life. We recognize that your situation is unique, and we will provide the individual attention you deserve.

Choosing a divorce lawyer in Miami can be a daunting decision. We differentiate ourselves by offering a robust and experienced team that prioritizes your concerns and objectives. Our bilingual capabilities ensure that language barriers are never an obstacle in receiving the representation you need. Our commitment to nurturing strong attorney-client relationships solidifies your trust and confidence in us.

Expert Representation for All Types of Divorce

While we are trial-tested advocates, we are committed to helping our clients achieve fair results through a non-adversarial approach. This is in everyone’s best interests, as it can enable you to quickly move forward by saving yourself from needless stress, legal costs, and wasted time. Let our Miami divorce attorneys help you reach a brighter future through as hassle-free a divorce as possible.

We adapt our strategies to suit unique circumstances, whether it involves negotiating settlements or representing clients in court. Our knowledge of both contested and uncontested divorce processes allows us to provide comprehensive support regardless of the complexities involved. We emphasize transparency, guiding you through the legal process with straightforward advice and empathetic support at each stage.

Comprehensive Divorce Services We Offer:

• Child Custody
• Child Support
• Property Division
• Collaborative Divorce
• High Asset Divorce
• Military Divorce

Choosing the Right Divorce Path in Miami

The state of Florida recognizes three types of divorce. If you and your spouse decide that staying together is no longer viable, you may wish to discuss your situation with a Miami divorce attorney and find out what type of divorce is right for you.

Making the right choice is important for helping you reach a solution that is satisfactory and mutually beneficial for you and your spouse.

Understanding the nuances between simplified, contested, and uncontested divorces is crucial. A simplified dissolution is straightforward but limited in scope, requiring full agreement between spouses. A contested divorce could involve court proceedings where negotiations have not succeeded, necessitating robust legal support. Uncontested divorces require cooperative problem-solving to finalize terms. Our Miami divorce lawyers at Mitchell & West LLC will explore these options with you, ensuring a strategic approach to achieve the desired outcome without unnecessary complications.

1. Simplified Dissolution of Marriage - This is a unique form of divorce that only a select few people qualify for. If you have no children from the marriage (and are not pregnant), and agree on all basic aspects of your divorce, both spouses can complete financial affidavits and property settlement agreement forms, then skip straight to the final divorce hearing. You may not even need a divorce attorney in Miami to file for this type of divorce.
2. Contested Divorce - This is the most common type of divorce. A contested divorce requires both spouses to appear before a judge multiple times to plead their case, and a judge will give orders and rulings based on established formulas, procedures, and presented evidence. This will ultimately end the marriage, but often leaves a lot of risk on the table and could wind up creating an unsatisfying conclusion.
3. Uncontested Divorce - This is similar to a simplified dissolution of marriage, but requires negotiation and careful crafting of a final divorce agreement without a judge being involved. Any couple can file for an uncontested divorce, but both spouses must be able to work together. If they cannot agree on even a single provision, they will have to file a contested divorce, and a judge will need to get involved.

Divorce Procedures in Florida Explained by Miami Divorce Attorneys

If you have decided to file for divorce in Florida, here is an overview of what must be done. If you have any specific questions regarding your case, do not hesitate to contact an experienced divorce lawyer for legal advice.

Initiating a divorce involves multiple steps that can be confusing without expert guidance. Beyond simply filing paperwork, these steps require accurate completion of forms, notarization, and submission to the correct circuit court. Our Miami divorce lawyers provide detailed guidance on fulfilling residency requirements and compiling comprehensive descriptions of marital assets to ensure your petition is procedurally flawless. Understanding precise filing deadlines and documentation improves your standing in court and expedites the process.

Key Steps in the Florida Divorce Process

Prepare Forms

The first step is to file the right forms for your divorce – also known as “dissolution of marriage” in Florida – to the county circuit court where you reside. You must be a county resident for at least six months.

The first form to complete and file is the “Petition for Dissolution of Marriage.” The filing spouse is considered the “petitioner,” while the other is the “respondent.”

To obtain a divorce in Florida, you must demonstrate that the marriage is irretrievably broken or that one of the spouses has been mentally incapacitated for three years. All issues you want the court to address need to be included in your petition, such as property division, alimony, child custody, and child support.

Navigating the procedural requirements of a Florida divorce is pivotal in streamlining the path to resolution. Providing a thorough account of mutual finances, shared debts, and property will help ensure expedient handling by the court. Each individual situation presents unique challenges, which is why detailed consultation with our Miami divorce attorney team is encouraged to avoid common hurdles and delays in the process.

File Your Forms

Give your petition for dissolution of marriage to your county clerk's office. Before filing with the court, you must have your petition notarized. Fortunately, most courthouses can do this for free.

You will give the clerk a signed and notarized copy of the petition, including the filing fee. In return, you should receive a copy of the forms, including a date stamp that shows the court has filed the petition.

Make a copy of the petition for yourself and another copy to serve on your spouse.

Understanding the significance of each document submitted during the filing stage is crucial. Our divorce attorneys in Miami will ensure that every detail is meticulously checked so that no oversight hampers the processing of your divorce. We advise on everything from the linguistic precision of your statements to the strategic timing of filings, aligning all elements for optimal outcomes.

Serve Your Forms

“Serving” your spouse entails giving him or her a copy of your filed petition for dissolution of marriage. There are various ways to serve your spouse with your petition.

If your spouse agrees, he or she and his or her attorney can accept the service. Your spouse needs to complete an “Answer and Waiver of Service” form, which can be found at your county clerk’s office.

If your spouse lives in another county, you must have the sheriff’s office or a private process server for the county where your spouse resides serve the petition. If you cannot find your spouse, you can still serve him or her by “constructive service,” which means having the notice of being served published in a local newspaper for up to 30 days.

It's important to approach the service process with tact and understanding, acknowledging the sensitivity and emotional strain involved. Our approach is designed to balance legal obligations with compassion, ensuring a smooth transition from service to subsequent steps in your divorce. Our guidance extends to managing the intricacies of cross-county or unconventional service needs.

Financial Disclosures

Within 45 days after the petition is served, you must give your spouse a completed and signed financial affidavit. You can obtain a blank financial affidavit from your circuit court clerk’s office.

The following are the types of information and documents you must include:

• Income
• Property and Assets
• Debts
• Bank and Credit Card Accounts
• Other Personal Finances

If you are filing for divorce in Florida, contact us and we will conduct a thorough review of your situation, determine all of your available legal options, and help you start the next chapter of your life.

Understanding the Divorce Timeline with a Miami Divorce Lawyer

Since the state of Florida is "no-fault," couples are required to go through a separation period of at least six months before filing for divorce. The only requirement for this phase is that at least one of the spouses is a permanent resident of Florida or a member of the U.S. armed forces currently stationed in the state.

In an ideal world, your divorce would be uncontested and only take three weeks upon filing the paperwork. However, many divorces don't agree on every term and will need to resolve it through mediation or with a contested divorce. Contested divorces may take months, even years, to complete. Since every situation is unique, there is no clear-cut answer as to how long a divorce will take you.

Understanding the intricacies of the divorce timeline is essential for realistic planning and managing expectations. Beyond the standard timelines, unique factors such as situation complexity, court backlogs, and the nature of disputes can affect proceedings. At Mitchell & West LLC, our divorce lawyers in Miami offer strategic insights to expedite cases while ensuring thoroughness, helping clients navigate delays and efficiently move the process forward.

Asset Division in Divorce: Protecting Your 401-K with a Miami Divorce Attorney

Any amount of funds inside a 401-K is supposed to be divided between each spouse during the property division phase of a divorce. Since Florida utilizes equitable distribution, all funds will be dispersed fairly and reasonably. If you are aware of any funds being taken out of your 401-K, or vice versa, contact the plan's sponsor immediately to flag the actions and see if the plan allows for a stoppage.

Navigating the asset division process can be complex, especially with substantial financial portfolios. Our divorce attorneys in Miami are well-versed in maximizing asset protection, guiding clients through detailed evaluations and negotiations to secure deserved outcomes. We are equipped to handle high-stakes financial disputes and protect long-term financial health, offering peace of mind during uncertain times.

Local Considerations for Miami Divorces

Miami is a vibrant city with a diverse population, which means that divorce cases here can sometimes involve unique cultural and social dynamics. It is crucial to have a lawyer who understands these local nuances. At Mitchell & West LLC, we tailor our approach to meet the needs of Miami residents, taking into consideration factors such as multicultural family backgrounds and the economic landscape of the city.

Additionally, Miami's booming real estate market can add a layer of complexity to property division. Whether you own a waterfront property on Miami Beach or a condo in Brickell, valuation disputes and tax considerations can arise. Our attorneys have the acumen to deal with these intricate challenges effectively, aiming to protect your interests while achieving equitable outcomes. Our strong community ties provide us with a profound understanding of local laws and resources available to residents facing divorce.

The Advantages of Divorce Mediation with a Miami Divorce Attorney

Divorce can be frustrating and emotionally draining for all parties involved. Many cases which are hotly contested end up undergoing court litigation, which can be both lengthy and expensive.

Fortunately, there is another way to resolve the differences you have with your soon-to-be-ex-spouse. If both parties are able to determine a divorce agreement on amicable and respectful terms, mediation can be a viable option. It involves a third-party mediator to help both spouses decide the outcome of the divorce. The mediator is often a family law attorney, therapist, or family counselor.

Why Consider Mediation for Your Divorce

1. Faster Process Compared to Court Litigation. Waiting for a verdict in court can take months or even years. On the other hand, you can work out the terms of your divorce through mediation in just a few sessions that fit your schedule, without the need to schedule and wait for court dates.
2. Less Costly. Whether it is court fees or attorney fees, there are many costs associated with court litigation. If a divorce goes to court, the cost may be three times as high compared to mediation.
3. Keeps Details Confidential. Any documents, notes, or disclosures that occur during the mediation process remain private, while court litigation makes the divorce agreement public record.
4. The Method is a Collaborative Process. The goal of the mediator is to help parties find common solutions that can benefit both partners, which is considered a “win-win” resolution. When a couple goes through the courts, it often results in a “win-lose” situation.
5. Enables Couples to Work Together. Since many of our divorce clients have children, they need to learn how to cooperate after divorce to raise their kids. During the mediation process, both parties learn how to communicate better with one another.

Mediation not only empowers the involved parties to maintain control over the divorce process, but it also molds a constructive path for ongoing relationships, particularly when children are involved. Through this method, former spouses learn invaluable skills in conflict resolution and mutual respect. Our experienced team at Mitchell & West LLC facilitates these discussions to ensure that each party's interests are harmonized without contention.

Divorce & Custody: Navigating Child Custody with a Miami Divorce Lawyer

Child custody is often the most sensitive issue in any divorce proceeding, more so in a diverse and bustling environment like Miami. Here, the courts prioritize the child's best interests in making custody determinations, which involves a detailed evaluation of each parent's situation. Factors such as the emotional ties between the child and each parent, the ability of parents to provide for the child’s physical and emotional needs, and the child's adjustment to home, school, and community are critical elements assessed by the court.

At Mitchell & West LLC, our attorneys guide parents through this challenging landscape, promoting solutions that serve the child’s welfare. We emphasize collaborative approaches to establish parenting plans that ensure continued family stability and harmony. Our team is committed to upholding our client’s rights while promoting resolutions that prioritize their children's well-being. We serve as advocates in court and mediators outside it, fostering cooperation in what often feels like an adversarial process.

FAQ About Divorce in Miami

What Are the Residency Requirements for Divorce in Miami?

In Florida, to file for a divorce, at least one spouse must have lived in the state for a minimum of six months before filing. This residency requirement ensures that the Florida courts have jurisdiction over the divorce proceedings. Proof of residency can be demonstrated through a valid Florida driver’s license, state ID, or voter registration card dated six months before filing. At Mitchell & West LLC, we assist clients in understanding these prerequisites to establish a solid foundation for their divorce proceedings.

How Is Alimony Determined in Miami Divorces?

Alimony, or spousal support, is not automatically awarded in every divorce in Miami. The courts evaluate various factors to determine whether alimony is appropriate, the type of alimony, and the amount. These factors include the length of the marriage, each spouse's financial resources and earning capacity, and contributions to the marriage, such as homemaking and child care. Our attorneys provide detailed assessments and engage in negotiations to protect our clients’ financial futures while promoting fair settlements.

What Happens if My Spouse and I Cannot Agree on a Parenting Plan?

If parents cannot agree on a parenting plan, the court may intervene to establish a schedule and decision-making responsibilities that align with the child’s best interests. These plans often include time-sharing arrangements and specifics on education, healthcare, and extracurricular activities. Mitchell & West LLC aids in crafting balanced parenting plans and, when necessary, represents clients in court to ensure a fair and sustainable decision is reached.

Are There Differences Between Contested & Uncontested Divorces?

Contested divorces involve spouses who are unable to agree on one or more issues, necessitating court intervention to resolve disputes. These can include disagreements over property division, alimony, or child custody. Uncontested divorces occur when both parties agree on all major aspects, allowing for a quicker, less expensive process. At Mitchell & West LLC, we strive to streamline proceedings by fostering agreements, but we are prepared to litigate vigorously for the interests of our clients when required.

How Can a Lawyer Help During a Divorce?

Divorce is a multifaceted legal process that extends beyond the dissolution of marriage. A lawyer plays a crucial role in guiding you through legal complexities, ensuring all paperwork is properly prepared and submitted, and advocating for your rights in negotiations or court. At Mitchell & West LLC, we offer compassionate support and strategic legal services tailored to the Miami community, assisting clients through every stage of the divorce process with professionalism and care.

Ready for a New Chapter? Consult Our Miami Divorce Attorneys

Eligibility for Divorce in Florida

• You and your spouse must be legally married
• Either you or your spouse must live in Florida for at least six months before filing
• Your marriage must be irretrievably broken

At Mitchell & West, LLC, we are dedicated to helping you navigate the legal process with ease and confidence. We understand that nobody ever really wants to have to contact a lawyer for help, but sometimes it cannot be avoided.

For this reason, we make client service and communication one of our most important priorities. We believe everyone deserves high-quality representation.