At the Law Offices of Sandy T. Fox, our knowledgeable Miami divorce litigation lawyers represent people throughout South Florida in a wide range of family law matters. We focus exclusively on these cases, and we have nearly a decade of experience helping our clients resolve them efficiently and effectively. These include cases involving high net worth dissolutions, which can raise a number of unique and complex issues. Founding partner Sandy T. Fox is a Florida Bar Board Certified specialist in Marital & Family Law.Pursuing Divorce Litigation in South Florida
Many spouses who decide to divorce can dissolve the marriage quickly and painlessly through Florida’s simplified process. For people who do not meet the qualifications for this process, perhaps because they have young children or disagree on how to divide their assets, the legal system generally requires going before a judge in order to get a divorce. In some instances, however, divorcing spouses can resolve issues through a mutual agreement or work collaboratively to resolve them with the help of a third-party mediator.
A divorce case typically starts with the filing of a petition for the dissolution of the marriage. Either or both spouses can file in the county where they last lived together or in any county in which at least one of the spouses is currently living. All you need to prove is that you are currently married, that at least one spouse has been living in the state for the last six months, and that the marriage is “irretrievably broken.” Florida is a “no fault” divorce state, meaning that a person who wants to get divorced does not need to blame the other spouse for the split.
In the event that one spouse files for divorce, the other spouse typically has 20 days from being served with the petition to file a response. State law also requires each spouse to make certain financial disclosures – usually within 45 days – and to complete an affidavit outlining their current financial situations. A judge may hold an initial hearing to make certain temporary rulings about child custody and visitation, as well as preventing each spouse from getting rid of any property that belongs to the couple. You can – and should – be represented by an experienced divorce litigation lawyer in these proceedings. Some jurisdictions also require spouses to attempt mediation before going to a final hearing or trial.
The final hearing is meant for a judge to make rulings on any contested issues, whether they relate to one spouse’s request for alimony or child support or how the family home will be divided between the spouses. A spouse in a divorce case may call witnesses and present evidence at this time, including expert evidence about the value of the home or a family business, the relationship between the parents and their children, or a wide range of other issues. The judge then issues a final ruling.Appeals and Modifications
It is important to understand that you generally only have 30 days to file an appeal once a ruling is made. That deadline decreases to 10 days in situations in which you want to appeal a report and recommendation by a magistrate judge. A party to a divorce case may also be able to later get a ruling changed if this is warranted by a substantial change in circumstances.Protect Your Interests by Consulting a Divorce Litigation Lawyer in Miami
At the Law Offices of Sandy T. Fox, P.A., our Miami divorce litigation attorneys guide people through the legal process of dissolving a marriage with professionalism and personalized attention. We work diligently to pursue the best possible outcome under the circumstances, and we keep the people whom we represent fully apprised of their rights and options at every step of the way. We also represent people in Aventura, Hollywood, and other cities throughout Miami-Dade and Broward Counties. Contact us online or call 800.596.0579 to schedule a free consultation with a family law attorney.