Breach of Divorce Agreement in Miami

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Introduction to the Breach of Divorce Agreement in Miami

Divorce is a family matter that is undesirable and can in many circumstances become uncomfortable for every family member involved. Working out difficult issues with the help of a mediator can help avoid a lot of anguish and hurt from children and can also save you a lot of time and money. Most importantly, working out your issues will prevent your children from living through the unkind spectacles of fighting over irreconcilable differences that come with divorce.

Divorce means legally separating from your spouse. It comes with responsibilities such as child support and alimony as well as distribution of property owned jointly during marriage, visitation rights and many others. When the divorce legal order is issued, the judge rules are addressed as well as the way they should be met.

The distribution of property can be a complicated portion of the dissolution of a marriage. Some of the property may include cars, debts such as credit cards and loans, investments, retirement benefits and others.

Divorces can be devastating to a family; this is why it is important to contact a family lawyer that will take the time to help you explore your options and reach a conclusion that is in the interest of you and your family. The divorce settlement can be modified if one of the parties is not happy or if there were factors that were not included in the first settlement.

Infringement of Divorce Agreement in Miami

Divorce settlements are established in court by a judge who will clearly define the established factors of the alimony, child custody and child support as well as the division of joint property. In many cases, these agreements happen to be simplified meaning both parties agree to the terms; but if any of the two parties are not satisfied with the determination of the divorce then the judge will rule the judgment of the divorce based on the facts.

Sometimes the agreement is not fulfilled by one of the parties and in this case the person concerned has the right to ask the court to enforce their rights and obligations under the agreement. When a breach of divorce agreement in Miami occurs, certainly you going to need legal representation to take the case to the family court.

How to Enforce a Divorce Agreement?

In order to enforce a divorce agreement in Miami, you need to address a family lawyer or specialist to help bring the case to court through a legal request, which will show that the former spouse is violating the arrangements set out in the divorce decree. You may need people to testify on behalf of your demand. All necessary documentation contained in the settlement is brought to the judge along with the parts of the agreement not being met. The person who fails to comply with this agreement will explain the reasons for noncompliance. The judge in these cases may accuse of contempt for intentionally failing to comply with an order imposed.

Enforcing a Divorce Agreement in Miami, FL

If the defendant fails to appear before the court, the judge will send a court order to officially appear in court. If the defendant still fails, then he/she will be charged of contempt.

After evaluating the status of the case, the judge determines whether the person who failed the agreement had logical reasons for doing so. In the event the defendant was at fault, a warrant is issued and the following charges are imposed:

  • You will have to serve a period of time in jail, or
  • You will pay a heavy fine, or
  • You will need to provide financial assistance to the offended person for the time determined by the judge.

How to Enforce a Visiting Order

Visitation rights to minors are an obligation of the father or the mother to the son or daughter, and the judge will decide the schedule to visit the child. Visitation rights are taken very severely by courts since it is considered to be in the best interest of the child to share time with both parents. Communication in regards to the visitation order with the other parent is crucial. You should discuss your dissatisfaction with visitation issues to the other parent calmly and suggest actual ideas to solve the problem. It is important to respect the visitation time of the other parent by the custodial party. A refusal of the visitation rights by the custodial parent is illegal. This incident is known as frustration of child visitation rights. This could cause the court ordered child custody to be changed and the custodial parent held in contempt of court.

Changes should be agreed on by both parents. The judge will revise the new schedule and will make a decision based on the best interest of the child.

Importance of Divorce Lawyers in Miami

In divorce proceedings, it is very important to have the family lawyers in Miami because they provide representation for difficult legal processes. Family laws are very strict, so it is necessary to comply with the agreements imposed. Divorce attorneys recognize the rights of each individual at the time of marriage dissolution. If you have children, bills or other issues that request your attention, you need the advise of an attorney.

About Gallardo Law Firm

Gallardo Law Firm in Miami will be able to represent clients with a wide range of matters regarding marriage, child support, child custody, divorce, alimony and any other matter related to family law.

Divorce orders are easy to break. The family law attorneys will help you maneuver the realities of divorce, and achieve a settlement that conserves your rights. They will deliver compelling strategies geared toward achieving the resolution for your case.

Also, We have an online representative on our website, advising and informing prospective customers of their rights.

Our attorneys are highly qualified in various types of family law cases. A divorce can very easily turn to be a painful and overwhelming process for many. At Gallardo, we will find the answers to your particular case; we take time to understand how your issues have affected your family and your life.


Question Answer about Failure to Comply with Divorce Judgment in Miami

Questions and Answers about Failure to Comply with Divorce Judgment in Miami

Yes, it is. The agreement for the divorce decree was established based on the information obtained at the moment of divorce. The judge states to report any financial changes to the court as it happens.
Family lawyers in Miami will help in revising divorce settlements established. When you sign the divorce decree, it is mandatory to comply with the terms thereof. Ignorance can bring future problems if you violate any order. Failure to comply with a court order can lead to contempt and thus to jail. It is therefore very important that you contact one of the attorneys in Gallardo Law Firm to represent you with your legal issues.
Within the reasons to modify the divorce decree we find:
1. Changing in incomes, earning capacity or employment
2. Variation of the needs of the dependents
3. Variation in the medical expenses of a party
4. Alteration in the mental, or emotional health of a party
Visits to children is one of the rights in the divorce agreement. If your former spouse does not allow you to visit your children, you need to start a legal proceeding to enforce your visitation rights. You will need to have the dates of the visits well documented to prove it.
Although bankruptcy removes the financial troubles of individuals, does not free from responsibilities to fulfill the obligations they have following the dissolution of marriage. Therefore bankruptcy does not eliminate the problems of non-compliance by divorce so you might be charged with contempt.
By violating the divorce decree the individual is disobeying a direct order from the judge and in turn is committing a family crime, because that attitude affects the whole family that depends on the help that it can offer. Enforcing a divorce settlement is one of the tasks run by family lawyers, so it is important to report the incident to the appropriate authorities.