Divorce in Miami
Miami divorce follows laws and procedures set by the state of Florida. Whether you have a simplified divorce, uncontested divorce, or contested divorce, Montalvo Law Firm, P.A., can help you with the legal steps and decision-making process. We can speak with you while you decide which type of divorce might be the right option for you and your family, or explain the next requirements if your spouse has already chosen the type of legal action in your case.
For a couple who qualifies, Florida simplified divorce offers a process with fewer steps and avoids a trial. In a simplified divorce, both spouses agree to the dissolution of marriage and they don’t have any unresolved disagreements regarding child custody, alimony, and the division of their assets and debts. Many couples don’t qualify for simplified divorce, however, because they have children to raise together, they have property to divide, or one spouse plans to request alimony. Couples who don’t qualify for simplified divorce must proceed with an uncontested or contested divorce. For both scenarios, each spouse may benefit from the expertise of a Miami family lawyer.
In an uncontested divorce, you will likely need to negotiate a marital settlement agreement with your spouse before you can ask a Miami family court judge to finalize your divorce. As part of the negotiations, both spouses will need to prepare financial affidavits and disclose financial information to each other. You may need to participate in mediation before you and your spouse can successfully reach a marital settlement agreement. Whether you have a mediator or not, we can help you to understand your rights under Florida law before you agree to the terms of your divorce. We can also represent you during negotiations with your spouse or an opposing Miami family lawyer.
If negotiation doesn’t result in an agreement, your divorce will likely require a trial for a contested divorce. During a contested trial, you and your spouse will both have opportunities to present evidence and arguments in support of your requested terms for the divorce. A trial requires following the court procedures and family laws set by the state of Florida. You may feel more confident about a trial with the help of a Miami family lawyer. If you know that your case will be contested or you already have an upcoming trial, we can help with trial preparation and represent you at trial so that you present your case in a strong, persuasive, and professional manner.
