FAQS

How much does a domestic abuse lawyer cost?

The fees depend on the case. Many law firms have flat fees, regardless of the case.

Who are the ideal candidates to establish a division of tangible property?

All legally married couples that end their relationship have acquired common possessions that need to be distributed equally between the two after separation.

If one spouse dies, what happens to the assets of the family?

If the person who has died didn’t leave a testament explaining how their assets are divided, then everything will be handed over to the widow or widower.

I live with my partner for more than ten years, and we never got married. But a year ago we bought a house, which is under my partner’s name. What happens to this property in the future? Are we going to face any problems if we get separated?

Since the property is under one person’s name, you have no right over that house, but you could prove that you contributed to the purchase of the property, the monthly payments to the bank and the house’s maintenance, so as to begin a legal battle for equitable division of property in Miami, Florida.

During my marriage, I spent most of the time alone in the house taking care of the children while my husband had the opportunity to excel professionally and get a good job. What happens with the distribution of marital assets in case we split up?

Under Family laws in Florida, every married couple has the right to divide their assets equally. But in your particular case, the judge would make an exception, since it can be proved that your spouse is well financially thanks to your work and efforts when you spent so much time at home taking care of the children; and were unable to advance your career or find a good job to keep you financially stable in case a separation occurs.

Will I stay with the house if I have permanent custody of our children?

The most important thing is the welfare of your children. If you live together with the kids, and the judge ruled that you have permanent custody of the children, then the house could be yours. It’s not advisable to take your children out of their natural environment, and change schools where they already feel comfortable. But you must decide with the Equal Housing Fund of Florida how you can pay your spouse the part of the house that belongs to them.

What happens if I sign a prenup before marriage?

With the prenuptial agreement, you are not entitled to the assets obtained during the marriage, in case of separation. Therefore, we recommend that if you sign a prenuptial agreement, then you are careful with the possessions acquired that are not legally under your name.

Who are the ideal candidates to establish a prenuptial agreement?

Prenuptial agreements are established by people who need to ensure the preservation of all their assets in the event of a separation.

If I get separated, will I have equal housing opportunity?

Yes, of course, if you are legally married, after a separation, you have the right to request the equal division of any real estate that includes everything that you accumulated during that time, including the division of mobile homes.

Is it necessary that the other person who signed the divorce decree with me be informed of a change in my financial economy?

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.

Why do you need a family lawyer in Miami to enforce a divorce decree?

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.

What are the reasons a person may have for wanting to modify the divorce decree?

Within the reasons to modify the divorce decree we find:

• Changing in incomes, earning capacity or employment Variation of the needs of the dependents Variation in the medical expenses of a party Alteration in the mental, or emotional health of a party

What if my ex-wife refuses to let me continue with the visits to my children?

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.

Can bankruptcy eliminate my problems of violation of the divorce decree?

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.

What consequences can bring a breach of the divorce?

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.

What questions should I ask a family law attorney before I hire him or her?

First, ask about the lawyer’s experience. Does the attorney have experience in family law? What kinds of cases does the firm usually accept? How long have the attorney been practicing family law? Also, ask the lawyer how he or she expects to be paid. Some attorneys request that you offer a retainer, and others charge an hourly rate. Make sure to ask what the hourly rate is to speak to the firm’s paralegals and secretaries. Sometimes, attorneys charge fees for photocopying documents, filing papers and the lawyer’s travel expenses, so remember to ask about these as well. Ask the family law attorneys you interview to estimate how much they believe your case will cost in total. This will help you narrow down your choices if money is a factor. Inquire into how they arrive at their estimations. Communication is another important issue. It will be very important for you to be in contact with your lawyer. Therefore, ask the family law attorneys how they plan to communicate with you. Ask them how they would like you to get in touch with them when you have questions. The practice of law can be a collaborative effort, or the attorney may work on his or her own. Ask the lawyers that you interview if they will personally handle your case or receive help from other staff members. If the attorney that you interview is going to handle the situation without assistance, ask her if she believes that she has time to give your case all the attention that it deserves.

I would like to separate from my spouse. What do I have to do?

You cannot obtain a legal separation in Miami because Florida is a no-fault divorce state. However, you can separate from your spouse and essentially achieve the same results. In Miami, most couples claim that the marriage is broken to the point where it would be impossible to put it back together again. Then, they file for Support Unconnected with Dissolution of Marriage that allows them to live separately with the court’s approval of their terms.

Can I ask my spouse to move out of the house?

You cannot request that your spouse leave the house. The fact that you filed for the divorce does not mean that your rights supplant your spouse’s rights. An exception is if your spouse has threatened you with bodily harm or has physically abused you in the past. If this is the case, you can petition the court for a restraining order that may force the abuser to move out of the marital home.

What is alimony?

Alimony or spousal support provides a dependent spouse with money to meet the expenses of daily living. The paying spouse may be required to pay alimony on a temporary or permanent basis. This will depend on your situation.

I am thinking about terminating my parental rights. Would I still be required to pay child support?

You cannot end your obligation to pay child support by terminating your parental rights. However, this obligation may end if your children are adopted by your ex-spouses future wife or husband, for example. In that case, the adoptive mother or father will be the legal parent and responsible for the children’s care. Remember that if you terminate your parental rights, you will be giving up all privileges that you currently have with your children.

How does child support work?

Child support is the right of the child and not the parents. It helps the child have his or her basic needs met and benefit from the monetary resources of the parent or guardian. Some of the factors to consider when deciding how much your child is entitled to are:

• How many children you have?
• The combined net monthly income of both parents
• The cost of daycare health insurance required for the child
• How many nights each parent would spend with the child depending on the parenting plan.

How are assets and custody distributed during a divorce?

These should both be distributed prior to the dissolution of a marriage. Assets and debts must be distributed equally under Florida law. Some marital property to consider may include, personal property, homes, cars, and retirement benefits, debts, which may include mortgages, car loans, credit cards, and investments.

Name change for marriage or divorce

If you are planning to change your name because of a recent marriage or divorce, marriage and divorce certificates are legal proves and can serve to notify Florida government agencies such as the Social Security Office and the Department of Motor Vehicles of your new name. Florida residents can change their names for these two reasons and also for more personal reasons such as a significant life event.

I am a Haitian citizen and reside in Miami, FL for more than two years. My wife still lives in Haiti, and I would like to know how to get an international divorce in my case?

You meet the primary requirement of a spouse residing in Florida and the other one in the home country, and in this way meet international divorce law. We can contact your partner if both parts agree to sign the divorce. You are granted a divorce, even when the other person does not want to appear in court.

How does international divorce work for Dominican Republic citizens?

For citizens of the Dominican Republic, we can get a divorce following the standard procedures of international divorce or get a power of attorney stating that your partner agrees with the divorce terms and process. Then, you are automatically granted legal separation.

Is it costly to file for international divorce in Miami Florida?

The cost of an international divorce depends on international family law and the legal representation you hire. Sometimes this type of process can become complicated raising the total cost of the proceedings. You need to contact Gallardo Law Firm today. We know how to navigate international laws with ease and divorce papers in less time and at a lower cost.

I would like to begin a divorce process for my wife, who lives in Mexico, and I am here in Miami, but my child also resides there with her. What happens to child support if we are legally separated?

International divorce, child support and child custody in Miami Florida are applicable in your particular case. It’s doesn't matter in what country you are, it is treated the same. You may discuss the terms with our professional lawyers.

What is the definition that determines a modification of a divorce decree?

The definition of modifications of divorce decrees merely changes to a divorce after it is set by a judge in court. All it takes is one of the parties involved in the divorce to disagree or want to change the established conventions.

Is it necessary that the other person who signed the divorce decree is informed when a change in my financial economy?

The divorce decree states that the obligations about the child support and spousal agreements are established based on the profits obtained by each party to the marriage, so if after a party suffers some changes in finance has to inform the other person as may occur any change in the sentencing order . It is an obligation issued by the judge to make the reporting of changes in finance.

Why is it necessary for me to get a family lawyer to modify and enforce marital settlement agreements?

The family lawyers in Miami know the law and are willing to help you in modification of divorce settlement. When you sign the divorce decree, there is mandatory compliance with the terms, and ignorance can bring future problems and may even violate the 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 our lawyers at Gallardo Law Firm to represent you from the beginning of this legal separation to the end.