Taking a Personalized and Collaborative Approach to Your Family Matter
Our guiding strategy when it comes to helping parents and spouses through the family law system is collaboration. If you are facing a family legal issue in Miami, whether you seek to file for divorce, negotiate child support, or pursue mediation, we can help you navigate the process with your spouse. Our collaborative approach, informed by over 20 years of legal experience, can help you avoid a lengthy and costly trial, and it will also help to preserve a cooperative relationship between you and your spouse (which may also be beneficial for your children). In fact, we have a 95% success rate with collaborative divorce for our clients.
If you are facing a family law issue in Miami, contact us at Schlegel Law Group for legal guidance. We have been helping parents and spouses for over 20 years, and we will put our legal knowledge and negotiation skills to use as we fight for your and your child’s rights. Whatever family law matter you are dealing with, from filing for simple divorce to negotiating child support, we can help you.
Getting a Divorce in Miami
Florida is a no-fault divorce state, so you do not have to prove any specific grounds for divorce, such as adultery. Either spouse can file for no-fault divorce merely by citing that the marriage is "irretrievably broken" (Fl. Stat. § 61.052 (2020)). However, if you do seek to cite a fault for your divorce, the judge may take that into consideration when determining things like alimony. Spouses seeking divorce in Florida must also be a resident of the state and have lived there for 6 months before filing.
There are 2 divorce options in Florida – simplified and regular. The simplified process is a quicker and easier way for couples who:
- mutually agree to the separation;
- do not have minor children;
- are not seeking alimony;
- have agreed to a written property division settlement; and
- agree to the simplified procedure that waives the right to a trial and appeal.
Simplified dissolution is a favorable divorce process for couples who are still on cooperative terms and can collaborate on the separation. Our firm has significant experience guiding spouses through this kind of collaborative divorce and can help represent your interests and goals in the negotiation process
Our firm also helps clients prepare for mediation to settle divorce disputes. Mediation is a dispute resolution method that allows spouses to discuss their issues and concerns in the presence of a third-party mediator, who will help to facilitate the conversation. In their discussion, they should work towards a decision about their divorce matters. Mediation is a favorable dispute resolution method because it can help you and your spouse avoid a lengthy and expensive trial, and it will also grant you two the most decision-making authority on your own issues, as you have the power to decide custody and property division instead of relegating it to a judge’s decision.
Note that a mediator is not like a judge; they cannot make any decisions for you, and they are only there as a neutral and impartial guide to brainstorm possible solutions, stay on track in the discussion, and clarify areas of agreement and disagreement. Our firm has experience helping clients with mediation, and we will pay careful attention to helping you prepare for your negotiation. We can help you outline your goals for the session and make sure your rights are being appropriately addressed. In fact, we have a 90% success rate with mediation cases, so you can trust that we know what we’re doing!
Child support is an important post-divorce matter that we can help you negotiate. Recall that both parents are obligated to financially support their children in Florida, though payment is often made by the noncustodial parent to the custodial parent, and the custodial parent’s financial obligation is assumed in their day-to-day care for the child.
Child support calculations will be based mostly on the incomes of both parents, though a judge can increase or otherwise adjust the amount in the child’s best interests (such as if they have unusual medical expenses). In most cases, child support payments will continue until a child turns 18 years old or graduates high school, unless they are emancipated. Visit our page on Child Support to learn more about how we can help you negotiate your initial amount or even modify an existing order.
Straightforward and Realistic Assessments
Will Fight Tirelessly on Your Behalf
One-on-one, Highly Personalized Attention
Over 20 Years of Experience