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Divorce Answers

By calling our priority line for our risk free / no fee first consult we can give you detailed answers to these and other critical divorce questions

Is there a presumption that the mother will be given primary residential custody?
Not in Miami for Child Custody, By law, the court must give the father and the mother equal consideration if the court is going to designate a primary residential parent. There are many factors that weigh in these decisions, call the priority line to discuss your specific situation.

Will alimony always be awarded when a long-term marriage is ended?
An award of alimony in divorce depends on several factors, including the age, earning ability, health, and education of the person seeking alimony; the other assets available to the parties; the length of the marriage; the standard of living during the marriage; and the ability of the other party to pay. All of the factors and others are weighed by the courts in Miami, call the priority line to discuss your specific situation.

Can the parties make their own agreements for child custody, visitation, child support, property division, and other rights in the divorce process?
The courts strongly encourage parties to reach their own agreement on all of these matters, with the exception of child support. Divorce guidelines in Miami require each parent to contribute a pre-determined amount to the support of their child. The court cannot deviate more than slightly from these guidelines unless the court makes findings that there is a good reason to do so. Call the priority line to discuss the specifics of your situation.

Does each party have to pay their own attorney's fees in a family law or paternity proceeding?
The court can order one party to pay all or some of the other party's attorney's fees. The decision will be based on the need of one party for assistance in paying fees and the ability of the other party to contribute toward the fees. The court also has the ability to award or adjust attorney's fees when it finds that a party has needlessly increased the cost of litigation by stalling, avoiding discovery, or making groundless claims. Please call the priority line to discuss this in detail.

If I owned property before the marriage, will I have to split or share that property with my spouse as part of a divorce?
Generally, assets - and debts - owned prior to the marriage and kept completely separate during the marriage belong to the individual and not to the marriage. However, if the title of property is changed to the name of the married parties, the property may become marital property. If martial assets or labor are used to increase the value of the property, the parties may have to share in the increase in the value of the property during the marriage.

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1130 Washington Avenue 4th Floor
Miami Beach, FL 33139
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