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Obtaining a Divorce in Miami - Why You Need a Lawyer

Divorce is a trying, tricky life circumstance to navigate. There are options for the DIY divorce, which appears to be cheaper on the surface, but there are some serious pitfalls. If your situation is acrimonious, difficult and hard then obtaining a divorce from your spouse could end disastrously. A divorce lawyer in Miami is the mediation you need to maintain your sanity.

Consequences of divorce affect every area of your life. Your finances (debt, income, tax status, credit), assets, and children (if you have children) will not remain untouched. Florida allows for divorce if the marriage in such a state of brokenness it cannot be fixed, or one of the spouses is mentally incapacitated- with certain prerequisites which must be evidenced in the proper documentation.

For the dissolution of a marriage in Florida there are some laws that are important to be taken into account, such as: you or your spouse must be a resident there for 6 months or more, if both parties agree to the divorce under the “irreconcilable differences” status and agree on division of assets the court need not be involved. However if one wants a divorce and the other does not, Florida courts have the right to order 3 months of marriage counseling before divorce proceedings can continue through the trial stage.

If you have children you will be required to go through a trial in which you will agree to visitation terms and custodial responsibilities. In the event that you and your spouse cannot come to agreement on this issue, then the court makes the decision on the “time-sharing schedule” for your visitation with your children.

Unless you have a prenuptial agreement, any assets acquired throughout the course of the marriage are divided equally, while all possessions and assets which belonged to you prior to your marriage are exempt from the division of assets. If one spouse feels that there is something particular which he or she should receive in the divorce that was acquired during the marriage, such as the home in which the minor children reside with the primary care giver, you may have a battle on your hands if your spouse does not want to change residence or disagrees.

Whatever situation you find yourself in, it is always best to obtain counsel and representation in the form of a divorce lawyer in Miami. In a stressful time that will impact your future a Miami divorce lawyer who knows how the court operates, the entirety of the law and how it will implicate your divorce and your life after is an absolute must. If dealing with your spouse has become too much of a burden that results in angry blow ups getting the both of you nowhere, a Miami divorce lawyer is the advocate you need, bringing a sense of professionalism and helping to bring a restoration of the balance of communication and business required to move you through your life changing season.
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