Divorce proceedings are relatively common in Aventura and other South Florida cities. For example, although over half of the population in Aventura is currently married, roughly 13 percent have gone through a divorce and 2.5 percent are currently separated. The State of Florida has a high rate of divorce in general, with three cities making the list of the top 10 cities in the U.S. for divorce. This is unsurprising considering how sprawling and diverse Florida’s cities have become over the years, with many retirees, immigrants, and professionals in a wide range of industries and occupations deciding to call the state their home. If you are an Aventura resident going through a divorce or considering filing for divorce, board-certified Aventura divorce lawyer Cindy D. Sackrin is available to provide you with the comprehensive and dedicated legal counsel that you deserve during this difficult time.Common Issues in Divorce Proceedings
After you have decided to seek a divorce, there are certain requirements that you must meet before you can have the marriage terminated. A divorce is a legal proceeding that requires involvement and approval from the court, even if the spouses agree about every detail of the split and how their assets should be divided. The first requirement is being able to show that one party has resided in the State of Florida for at least six months.
Next, the party filing for the divorce must initiate the legal action in the county where they reside. This person will file a document called a petition for dissolution of marriage, which will include important information about the basis of the divorce and state whether or not the parties have reached agreements about the division of assets, spousal support, and child support. Florida is a no-fault divorce jurisdiction, which means that you only need to state that the marriage is irretrievably broken to obtain a divorce, and you do not need to show fault. The party seeking the divorce must also give notice to the other party and provide them with an opportunity to respond to the petition for divorce.
Florida residents can take advantage of the state’s simplified dissolution proceeding if they meet a certain set of criteria. Among other things, both parties must agree that the marriage is unsalvageable, they must not have any minor or dependent children, and neither spouse must be requesting alimony. A divorce attorney in the Aventura area can assist you with ascertaining whether you are eligible for this streamlined procedure.
It is no surprise that divorce proceedings can be contentious, especially when the parties do not agree about how marital assets should be divided, or when one spouse must pay child support or spousal support. When it comes to the division of assets, Florida has adopted the equitable distribution approach, which means that property will be divided in an equitable fashion according to a set of factors that the court may consider when dividing and awarding assets. These factors are meant to take into consideration the unique circumstances of each marriage and the respective positions in which the parties will be after the marriage is terminated. If the parties do agree about how property should be divided, they can file a marital settlement agreement with the court that is subject to court approval. Once approved, it is a legally binding document that the parties can enforce against each other if either party fails to comply with its terms.
The parties can also seek a court order regarding the payment of alimony or child support, as well as timesharing (child custody) for any minor children. In general, alimony is awarded based on the need of the receiving party and the paying party’s ability to pay, while there are specific guidelines in place to control child support payments. Timesharing arrangements are made based on the best interest of the child, and Florida courts generally have a preference for allowing both parents to maintain contact with their children.Retain a Seasoned Board-Certified Divorce Lawyer in the Aventura Area
Going through a divorce is not easy for anyone involved, even if the parties are generally in agreement about many aspects of the termination. Retaining an experienced board-certified family lawyer matters when it comes to understanding how the legal process works and how to protect your interests. Cindy D. Sackrin has provided reliable legal counsel to divorcing spouses throughout South Florida. She offers a free consultation to help you learn more about your legal options and how she may be able to assist you, so call us at 954-455-0800 or contact us online to arrange an appointment with an Aventura divorce attorney.