5 Common Family Law Issues In Miami
Family law is an umbrella term that includes many different practice areas. But what they all have in common is that they deal with families or family members who are involved in conflicts that require a legal solution.
Divorce is one of the major practice areas that lead to many of the issues in family law, but there are other situations that also require the experience of a family attorney.
Common Family Law Issues That You Should Know
We’ve already mentioned that divorce is one of the big triggers to common family law issues in Miami, which include:
- Child Custody – A divorced couple that has children may fight each other over who will receive primary parental responsibility for their kids. If a couple can’t agree to a fair or reasonable timesharing agreement, then they will have to take their case to a judge who will make a final determination based on factors that include existing income of both parents, the needs of the child, and the emotional stability of each parent.
- Spousal Maintenance – Another common family law issue in Miami is the amount of money that one spouse will have to pay another for support. In many instances, the spouse who has to pay will fight to reduce that payment, while the dependent spouse will fight to ensure that the payment is as high as possible.
- Division of Marital Assets – When a divorcing couple in Miami can’t come to an agreement about dividing the assets acquired during the marriage, they will have to present their case to a judge. This is not an issue in community property states in which everything is split 50/50. Florida is not a community property state, but is governed by what is known as Equitable Distribution. This means that assets in a divorce are divided fairly, although that does not mean 50/50.
- Child Support – In most states, child support payments are determined by a formula, but a judge has discretion to determine if other factors can increase or decrease that payment.
- Modification – Modification refers to a divorced spouse who seeks to change the terms of child custody, child support, or spousal maintenance. If the person making the petition has suffered a substantial change in their circumstances, then he or she can ask a judge to modify a court order.
Finding An Experienced Family Lawyer
Family law is a broad practice area that includes a lot of different issues that can tear up the bonds of a family forever. When you are faced with complicated and serious issues such as domestic violence, divorce, timesharing, and prenuptial agreements, you shouldn’t take on these challenges without the expertise of a qualified law firm. The Estevez-Pazos Law Firm has the resources and the track record to help you through a difficult time. Please call us at 305-717-7130 to schedule a consultation about your case.
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