Divorce

Miami Divorce Lawyer

Florida is a "no fault" divorce state. This means that either spouse can obtain a divorce without proving the other spouse is at fault for the breakdown of the marriage (on such grounds as cruelty, abandonment, adultery, etc.) In a no-fault divorce the division of property and the setting of spousal support (alimony) are done without regard to spousal misconduct. Rather, property division is done according to the standard of equitable division. Spousal support is ordered in accordance with numerous Florida statutory factors.

SPOUSAL MAINTENANCE (ALIMONY)

Spousal maintenance payments (alimony) and property awards are treated differently under Florida law. Alimony (but not property settlement or child support payments) is taxable income to the recipient and deductible by the payer. An order to pay alimony can be enforced by a contempt action, while failure to abide by a property settlement generally cannot. At the Law Offices of Laurence A. Wanshel, our experienced divorce attorneys can help you sort out the legal issues surrounding your divorce. We will take the time to advise you regarding all of the options in your divorce and the consequences of each option.

DIVISION OF MARITAL PROPERTY - PROTECTION OF PRE-MARITAL ASSETS

When a couple divorce, the parties must agree how to split up their marital property, which generally includes income earned and things acquired during the marriage. If they cannot agree, the court will order how the marital property will be split up. However, you can usually keep whatever property you had before the marriage (pre-marital property). We can help you distinguish between non-marital assets (which usually aren't divided up in the divorce) and marital assets.

Our firm has successfully represented our clients' interests in hundreds of divorces involving many different types of real and personal property:

Homes, second homes, and vacation homes
Investment property
Business interests
Stocks and bonds
Retirement plans, IRAs and pensions
Heirlooms, art, and antiques
Household goods and furnishings
Furs, gold, silver, and jewelry
Other assets acquired by either party either before or during the course of the marriage

If you have questions about what "equitable division" is going to mean or what spousal support factors will apply in your situation, please contact us to set up a divorce consultation our family law attorneys.

Family Law Litigation · Post Divorce Enforcement

Many couples separate and divorce amicably, settling their divorce issues through mediation and negotiation. Other divorces are extremely contentious. Disputes between spouses can begin during the marriage, escalate during the divorce, and continue after the divorce, often for years. Ex-spouses often end up back in family court because they are unable to resolve recurring disputes about:

One parent's non-cooperation with the other parent; such as refusing to allow the other parent to spend time with their child, refusing to allow the other parent to make decisions regarding schooling, medical treatment, and other issues.
Enforcement or change of a visitation or parenting schedule
Change in child custody
Disputes over a parents relocation to an area more than 50 miles away
Motions to increase or decrease child support
Motions to increase, decrease, or terminate spousal support(alimony)

Paternity Actions - Child Support and Custody

If you have a child and you are not married to the other parent, you may need to bring a paternity action to establish and enforce your rights regarding the child. We can help you bring or defend actions relating to child support, custody and visitation and other issues related to your child or children.