FAQS page 10

881 FAQs where found , 30 in this page

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. Learn More

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 Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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. Learn More

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

One of the important factors to keep in mind is that the terms in the first agreement signed suffered great transformations. If a former spouse has lost the same amount of earnings before makes it impossible to comply with contract specifications and secondly if it increased profits could also make the modification of divorce orders. Learn More

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

Visits to children is one of the rights in the divorce agreement therefore this cannot occur in challenge compliance. If your former spouse refuses to visit their children, then they have to start legal proceedings to enforce the visitation rights. You will need to have well documented the dates of the visits because in this case it is very difficult to prove that his ex-wife was not interfering with visitation. Learn More

How can we define the parenthood?

Parenthood is established when a man has been proven to be the biological father of the child through DNA testing and official court order. Once both parents sign the parental parents. Learn More

How can I establish parenthood for my child?

The mother or father can complete an application for serviceids and parental affidavit. If the parent is not willing to sign the affidavit, Gallardo Law Firm can order DNA test to determine parenthood. Learn More

My sons father lives out of town, what can I do?

If the parent lives outside the state of Florida, we can ask the other state to help establish parenthood. States have an agreement that allows the child support enforcement. Gallardo Law Firm can help the mother prove who the father is, even though he lives in a different state. Each state operates under the same basic guidelines, but the processes and deadlines vary from state to state. Learn More

The father of my child has a good relationship with both the child and I; will be necessary to establish paternity?

It is necessary to establish paternity in order to preserve the legal rights of the child and the parent and to protect the mother and the rights of the child in case the parent should need help from the family. Learn More

Can I order the parental ties even if the mother objects?

Yes, you have the right to establish legal paternity of her child, unless there are external factors that force the mother to object. Learn More

The father of my son says he is not sure that hes the father, how can I show that he is the biological father?

In Gallardo, a Miami paternity attorney can order a parenthood test to determine if there is a genetic match between parent and child. These results of genetic testing can establish parental ties. Each party in a contested paternity case must submit to genetic testing. Learn More

I would take parental responsibility for my son but his mother has a child custody. Can I getcustody through a court order against her for domestic abuse?

The Florida State grants protection to your child if it is determined that the mother has abused the child. You may request forms to ask the court for temporary child custody for a domestic violence. This agreement has an expiration date, so you must complete the process of establishing full parenthood before the deadline provided by the judge. Gallardo Law Firm in Miami has the willingness and ability to help obtain parenthood, making an injunction against domestic violence. Learn More

Do I have to establish parenthood for my children?

Yes. Children are the product of conjugal acts of the parents. Every child has a mother and a father, therefore they are held responsible for providing the child with all basic needs. Learn More