Divorce Attorneys in Miami
Advocating for Fathers in Divorce Proceedings
Florida is a no-fault state when it comes to divorce, and that means that you do not have to allege some sort of wrongdoing (adultery, abuse, etc.) in order to file for divorce. Additionally, it only takes one spouse to declare a marriage irrevocably broken and file for divorce, even if the other spouse does not want to end the marriage. To file for divorce in Florida, you must have resided in the state for at least six months. You can file your divorce petition in the circuit court in the county where you reside.
If you are considering divorce or have been served divorce papers, DADvocacy™ Law Firm can provide sound guidance and legal counsel. Our Miami divorce attorneys represent fathers divorce proceedings, addressing their paternal rights, their financial interests, and their goals as we pursue a favorable outcome on their behalf.
Some of the Issues to Address in Your Divorce
Divorce is necessary to legally end a marriage. It must address a number of sensitive issues, and this can make it difficult for spouses to reach viable agreements. If spouses cannot reach their own general agreements, court intervention may be required. Our Miami divorce lawyers can handle both contested and uncontested divorce proceedings for our clients.
We can help you address such key divorce-related issues as:
- Timesharing, which includes a custody and visitation arrangement for your children.
- Child support, which you may be entitled to receive or required to pay, depending on your timesharing agreement and income.
- Spousal support, which you may be required to pay or entitled to receive based on the duration of your marriage, contributions to the marriage, property division, income, and other factors.
- Property division, which is handled on the principle of equitable distribution. Marital property will be fairly divided between you and your spouse.
As a father, each of these issues may impact your financial stability, your living situation, and your relationship with your children. Let DADvocacy™ Law Firm protect your interests and parental rights.
Florida Divorce Laws
There are a couple of grounds for divorce in Florida.
Florida is a no-fault divorce state, meaning that specific fault grounds for divorce, such as adultery, need not be pled. The Petitioner must state generally that the marriage is irretrievably broken.
However, there are some protections in place for the incapacitated spouse that must be observed when filing for divorce.
- Once a person has been adjudicated incapacitated, a three year protection period kicks in.
- During that time, a divorce action cannot be brought by the competent spouse. The reason for this policy is that those who are suffering from mental illnesses deserve protection and the opportunity to be cared for by those
who are close to them.
- Once the three year protection period expires, the competent spouse may file for divorce and serve the pleadings on the incapacitated spouse’s guardian, who will defend and protect the interests of the incapacitated party.
- The competent spouse may be required to pay alimony.
- At any time, the incapacitated spouse may file for divorce through his or her guardian, so long as the court gives permission for the guardian to do so.