Divorce

Divorce

Miami family law attorney Holiday Russell has wide-ranging experience guiding Florida families through the sensitive process of divorce. An experienced South Florida Marital & Family Law attorney, Mr. Russell provides comprehensive and caring legal support to help you navigate the realities of divorce, and obtain a settlement that protects your rights. Holiday is a Miami divorce lawyer that understands that divorce can be a traumatic and difficult event, and is dedicated to providing you with the legal services you need.

Florida Divorce

Florida is a no-fault divorce state, which means that divorce can proceed without a focus on blaming either party for the dissolution of the marriage. As a result, the requirements for filing for divorce are relatively straightforward. Either spouse can file for divorce and must only show that (1) there was a legal marriage, (2) at least one spouse has been a Florida resident for six months immediately preceding the divorce filing, and (3) either the marriage was “irretrievably broken” or one of the spouses was found to be mentally incapacitated.

If these requirements are met, the parties may choose from one of two processes for obtaining a divorce in Florida, (1) regular dissolution of marriage, or (2) simplified dissolution of marriage.

A simplified dissolution process can be used when both spouses are in agreement on certain key matters, including the following:

• There are no minor children
• They agree on the division of all property and debts
• Neither spouse is seeking alimony
• Both spouses agree that the marriage is irretrievably broken

Under the simplified process, the parties may not need to use a lawyer and the divorce process can be moved along more quickly. If you believe that you meet the requirements for a simplified process, you may wish to consult with a divorce attorney in Miami to determine if it is the best option for you.

If there are contested issues in a divorce, or if children are involved, the parties can obtain a divorce through the regular dissolution of marriage process, which involves filing for divorce before a local court. In a regular dissolution, both parties must be prepared to fully disclose all relevant financial information and other documentation. Depending on the extent to which the two parties agree or disagree on a divorce settlement, they may present a settlement in writing to the court, engage in mediation, or proceed to a full trial. A qualified divorce lawyer can help you to navigate these potential options.

Distribution of Assets and Custody

Although fault is not considered in the determination of divorce under Florida law, it may be considered when courts address the distribution of marital property and determination of custody that typically accompanies a divorce. This can be one of the most difficult and complicated aspects of a divorce, and is often deeply emotional because of the nature of the property involved. Marital property may include:

• Cars
• Homes
• Investments
• Retirement Benefits
• Personal Property
• Debts, including credit cards, mortgages, and car loans

Generally, any asset or debt obtained during the course of a marriage is considered to be marital property and must be distributed prior to the successful dissolution of a marriage. Under Florida law, these assets and debts are generally distributed equally between both parties based on a variety of factors. As a Miami divorce attorney, Mr. Russell can help you pursue a distribution that is appropriate in your case.

The court will also carefully consider the allocation of child custody and child support, as these are often the most emotionally challenging aspects of a divorce proceeding.

Successfully Navigating Your Divorce

Holiday Hunt Russell PLLC is trusted among South Florida divorce lawyers. Mr. Russell understands the emotional and legal complexities of the divorce process, and the difficult toll it can have on any family. He is here to support you through the legal aspects of this process, and will work with you towards a settlement or outcome that best meets your needs. When a divorce involves children, years of assets, or the prospect of significant debt, it can quickly become adversarial, and it is important to find an experienced advocate dedicated to representing your interests. If you are considering divorce, or your spouse has recently filed a petition for divorce, contact Holiday Hunt Russell PLLC for a confidential consultation with a divorce lawyer in Miami at 954-920-5153 or online.