Miami Divorce Attorneys
Miami Florida divorce lawyers protect clients when marriages end
Divorce is an emotional trauma, but without the right team, it can also become a legal and financial nightmare. Rafool, PLLC are experienced Miami divorce attorneys who have successfully litigated some of the toughest, most notorious divorces in recent Florida history. We will be there for you no matter what direction your marriage dissolution takes.
Working to bring you a fair decision on alimony and spousal support
To obtain alimony in Florida, a judge must recognize a need on the recipient spouse’s part and an ability to pay on the providing spouse’s part. Many factors affect whether alimony is granted and, when it is, for how much and how long, including:
- Length of marriage — If a marriage has lasted at least 17 years before a divorce filing, a court can award permanent alimony if appropriate in light of other factors. For marriages between seven and 17 years, a higher standard must be met for a permanent award. A spouse married for fewer than seven years is only entitled to permanent alimony in exceptional circumstances.
- Financial resources and earning capacity — Even if a spouse has not worked recently, alimony might be limited or rejected if the person has a significant income stream from other sources or the ability to return to a well-paying job quickly.
- Contribution to the family’s finances — This can be a complicated task because contributions include staying home to take care of children while a spouse advances his or her career and earning ability.
The family law attorneys at Rafool, PLLC, will investigate your situation completely and advise you on the likelihood of an alimony award — whether you are the potential recipient or provider.
Conciliatory processes for couples who wish to resolve their divorce without litigation
Families should try to stay together and divorce should always be the last option after all other counseling and processes have been used and exhausted. But, if you are unable to remain married, we always suggest a more conciliatory divorce process to preserve as much of the family and long-term relationships as possible. Rafool, PLLC, can help you dissolve your marriage with less emotion and more efficiently and cost-effectively through other conciliatory processes, pre-litigation processes and mediation. In these processes, we represent you with expertise in matrimonial law and dispute resolution. Strong counsel is just as important here as in court. It is vital to obtain and evaluate all of the pertinent information before you enter into an agreement.
Obtaining fair distribution of the marital property and home
Florida divorces are granted on a strictly “no fault” basis. However, there may be aspects of one spouse’s conduct that persuade the judge to divide the marital property unevenly. Other reasons might exist why the fairest distribution is not a 50-50 split, such as if one spouse depleted the shared funds through misbehavior or other equitable circumstances exist.
Assistance for those terminating their marriage by annulment
Civil annulment should not be confused with annulments granted by religious authorities. Like a divorce, a Florida civil annulment ends a marriage, but legally the parties are returned to the position as if no marriage existed. Grounds for annulment include fraudulent representation by one of the parties and lack of capacity to consent. If you seek to annul your marriage on one of these grounds, the Miami divorce attorneys at Rafool, PLLC, can assist in filing and presenting your case before the court. Even if an annulment is not granted, you can then seek a divorce.
If you are considering divorce, contact our South Florida law firm
Rafool, PLLC, located in Miami, serves South Florida couples considering divorce. Please call (305) 567-9400 or contact us online to schedule an initial consultation at our Miami office.