Divorce lawyers handle and process a variety of family law claims. They generally process divorce cases between parties who are seeking to have their marriage legally terminated. Thus, divorce lawyers often research and interpret the laws that govern marriage and divorce in the region. Each state has different divorce laws, especially when it comes to the division of property between the (former) spouses.
In addition to straight-ahead divorce claims, divorce attorneys also have knowledge of other areas of family law. This is because divorce claims can also involve other overlapping legal issues. For instance, a Miami divorce lawyer may need to have knowledge of child custody, legal separation, and other issues.
What Happens to Property in a Divorce in Miami?
Miami, along with the rest of Florida, enforces equitable distribution principles when dealing with separation of property in a divorce. This means that the property is divided between the parties in a way that is equitable, or fair. This involves an analysis of many different equitable distribution factors, including:
- Income of each person
- Employment background and earning capacities
- Length of the marriage
- Age/health of each party
- Whether there are any children involved
- Spousal and child support considerations
Thus, Miami divorces generally do not involve other principles such as communal property (i.e. each party is entitled to half of the shared property). These are only practiced in communal property states such as California.
Do I Need a Lawyer for Help with a Divorce Filing?
Filing for divorce can involve some complex laws and legal principles. You may need to hire a family lawyer in Miami, Florida if you need to file for divorce. A qualified family law attorney will be able to help you with legal research, filing, and other tasks. Also, if you need to appear in court or appear for a meeting, your attorney can provide you with representation and guidance during those times.