Introduction
If you are considering dissolution of marriage, “Insert Attorney Name” Family Law Offices in Miami can help you. We are devoted solely to the practice of family law and offer full services in the area of marital dissolution.  You will need someone at your side and you can count on us to be there.

Florida Law
The Florida Dissolution of Marriage Statute has been created to assist two people in coming to terms during the legal dissolution of marriage.

Under Florida divorce law, the dissolution of the marriage is not determined on the basis of the fault of one or both of the parties.

Grounds for Dissolution of Marriage

• The marriage is broken – serious differences that cannot be resolved
• One of the parties is mentally incompetent for at least 3 years (not used often)

Overview
The dissolution process begins with

• Filing a petition for dissolution of marriage at the circuit court
• Stating that the marriage is irretrievably broken; detailing issues that need to be resolved

• The other partner must file an Answer within 20 days, addressing the issues in initial petition.
• Each party must provide financial documents to each other within 45 days showing their annual income and expenses.
• Best case scenario is for the couple to agree on child custody and other issues as soon as petition is filed.
• If this is the case, an uncontested case, a written agreement is signed and presented to the court.  The dissolution can become final in a few weeks.
• Some couples who disagree on a few issues but work out their differences can appear for a final hearing with the judge.  The judge will review the agreed-upon settlement.
• If you cannot reach an agreement on some issues, mediation is available to help you.
• When nothing can be agreed upon, each side, with their attorney, takes it to the judge and the judge will make the final decision on contested issues.
  
• There are 2 ways to proceed in resolving your dissolution:

1.  Uncontested

• You and your spouse have resolved all children and property issues.
• This way is the most amicable and takes the least amount of time.

2.  Contested

• You and spouse cannot resolve the marital issues (child custody, visitation rights, child support, property distribution and alimony).
• You will have to file a complaint on your spouse.
• A judge is needed to resolve these issues.

Disclosure
Before dissolution of marriage is granted in the State of Florida, a financial affidavit must be filed. This must be done within 45 days after the opposing party is served with the petition.

Child Custody
Issues relating to the care and custody of minor children are always stressful and decisions are difficult to agree on.  The state of Florida determines child custody and support based on the following:

• The best interest of the child
• Finances of both parents
• Is there violence in the relationship?

By arriving at an agreement with your spouse regarding your child, everyone benefits, especially the child.  There are several custody arrangements to be discussed:

• Residential Custody
• the child lives primarily with one parent
• and the other parent has visitation rights – schedule given by judge

• Sole Parental Responsibility
• one parent makes all major decisions for the child

• Shared Parental Responsibility
• Both parents have equal say in major decisions
• School, religion, medical
• Court makes the decision of responsibility
• Does not pertain to where the child will live

• Rotating Custody
• Child spends almost the same amount of time with each parent
• Common when the child is pre-school age
  

Child Support
Florida law states that every child has the right to the support of both parents until the age of 18.  Florida has the power to make sure this happens.  The Child Support Enforcement Program with the Florida State Attorney’s office can help you if you are not receiving child support from the non-custodial parent.

Florida guidelines determine the amount you need to pay on a monthly basis.  The amount is determined by looking at the income of both parents – taking into consideration is day care and health insurance.

At “Insert Attorney Name” Family Law Firm, we understand that you want your child to continue to have everything, but we also know you don’t want to be treated unfairly. We will make sure you do not pay an unfair monthly amount for child support.  We will make sure you cover basic needs (for example: food, clothing, shelter, medical and schooling).

Alimony

• Types of alimony:
• Temporary - while the case is being resolved
• Rehabilitative – allows the party to go to school and/or become self-sufficient
• Alimony depends on one person’s needs and the other’s ability to pay

Equitable Distribution
Florida law requires all assets, property and debts to be divided between each party.  Each party should receive equal value of the net marital estate.  Real and tangible property is as follows:

• Home
• Automobiles
• Retirement accounts
• Art
• Financial – bank account, assets, securities, investments, retirement, pension

Conclusion
There are many serious issues that arise during dissolution of marriage in Florida.  You will need the guidance of an experienced Florida family law attorney.  At the “Insert Attorney Name” Family Law Office, we have the knowledge to fight for your rights.  We also have the necessary approach to communicate with you and the legal system.

Divorce is a major event in your life and the trauma involved can make this time very stressful.  Call our offices at “Insert Attorney Number” to set up an appointment; we can guide you through this time and help you start your new life.