Studies show that the rate of divorce is relatively high in South Florida. According to at least one report, Miami is ranked in the top 30 on the list of cities in the U.S. for divorce rate per capita, and three other cities in Florida rank in the top 10. Miami’s total population of divorced individuals sits at around 13 percent. Other reports suggest that the divorce rate has doubled for adults aged 50 years and older, which primarily involves the baby boomer generation. Considering that Miami is a popular retirement destination and is home to a large population from diverse backgrounds, it is no surprise that divorce is a common issue here. Board-certified Miami divorce lawyer Cindy D. Sackrin has assisted many South Florida residents with navigating a divorce or legal separation. She is ready to assist you with ensuring that the experience is as efficient and stress-free as possible.Filing for a Divorce in Florida
Each state has its own rules regarding how spouses must go about seeking a divorce or a legal separation, or separate maintenance action, as it is called in Florida. Understanding the difference between these two statuses is important and may help you come to a conclusion about how you want to proceed. In a divorce, the marriage is terminated, and the parties are no longer part of a legal relationship. In a legal separation, or separate maintenance action, on the other hand, the parties remain legally married but cease to share a living space or other common characteristics of a marriage, and support can be awarded. If you seek a divorce, there are certain minimum requirements that you must meet, such as residing in the state of Florida for at least six months prior to filing for divorce and filing the petition in the county where the party seeking the divorce resides. You will also need to indicate why you are seeking a divorce. Florida is a no-fault divorce state, which means that you do not need to show that the other party did something wrong. Instead, you can indicate that the marriage is irretrievably broken or that one of the spouses is suffering from mental incapacitation. Consulting a board-certified divorce attorney in Miami is an important step to take to make sure that all of the procedural requirements are satisfied.
In some cases, the spouses are in agreement regarding the divorce proceeding and ancillary issues such as child support, spousal support, and the division of assets. If this is the case, the parties can enter into a marital settlement agreement that they can later submit to a judge for court approval. If the judge approves the settlement agreement, the agreement has the force and effect of law and becomes a court order. If one of the parties later changes their mind regarding the terms of the settlement, they will need to initiate a court proceeding to modify the agreement unless the other spouse accepts the settlement agreement modification.
If the parties are not in agreement about certain issues, the court will assist them in reaching what it views as a fair and equitable outcome. For example, most couples seeking a divorce have marital assets that they must divide between them. Florida has adopted the equitable distribution approach to divorce, which means that the court will split property equally between the spouses. There are several factors that the court will consider when it comes to achieving equity and fairness, including the length of the marriage, the financial status of each spouse, and the spouses’ respective earning capacities. Child support is another common issue in divorce proceedings, as well as spousal support payments. An experienced divorce lawyer in the Miami area can help guide you through Florida’s laws and requirements regarding these issues and others, helping you move toward the outcome that you desire.Seek Knowledgeable Legal Counsel from an Experienced Attorney
A divorce proceeding is stressful and emotionally taxing, regardless of the extent to which the parties agree. When it comes to making the process efficient and manageable, consulting legal counsel can make all of the difference. Cindy D. Sackrin has assisted many Miami residents with understanding their legal rights and options before, during, and after a divorce proceeding, and she is prepared to help you as well. To set up a free consultation with a Miami divorce attorney, call us now at 954-455-0800 or contact us online to get started.