Stephen H. Butter
South Florida Divorce Lawyer With 50+ Years of Experience
Divorce Attorney in Aventura, FL
No one enters a marriage with divorce in mind, so when it does happen it can be emotionally devastating to the parties involved. It’s for this reason that professional attorneys who focus on this area of the law exist: to know the proper way to handle the situations that most people wouldn’t. Finding a divorce attorney that suits your requirements can be a daunting task in region as big as Miami-Dade, but there are things that you can do to make the task easier.
Situations surrounding divorce are emotionally distressing, and it takes experience and knowledge to navigate the paths that lead to suitable and agreeable solutions. This is exactly where a professional divorce attorney comes into play.
This brings the initial question of what you should look for in a qualified and competent legal representative for your case.
When looking into divorce law practices in Florida consider the following.
Factors of a Reliable Divorce Lawyer
Family law and divorce attorneys tend to have different approaches and styles, so it’s important that you select one who will meet your requirements. You will probably be spending a lot of time with your divorce lawyer, so it’s important that you’re not intimidated or uncomfortable when speaking with them. But personality isn’t the only important variable. Let’s consider some of the traits that you might find important when going through your divorce process.
Consider focus and availability
Lawyers unquestionably get busy, but the difference between busy and unreachable are two very different distinctions. If you are investing your money and personal emotions, you need to have the assurance you will be able to reach your attorney as needed, whether it’s for arranging appointments, asking questions, and meeting all court dates as they are assigned without any problems.
It’s almost always better to try and reach a amicable resolution for the terms of a divorce by keeping it out of the courts. If you and your spouse can agree to certain items, you’re much more likely to get the outcome that you want. A judge’s decision may not be in accordance with your plans. But you should be prepared for every eventuality and litigation, while not desirable, may be necessary.
Proper representation can contribute heavily toward the success or failure of this option coming to light. Finding a litigator who can present points, hear options and alternatives, negotiate, and find solutions that work for everyone can not only save a lot of time and emotional expenditure, but also money.
Experience in the Practice
While this may seem like common sense, it doesn’t occur to everyone. Every state has special statutes that apply to divorce law. They govern the dissolution of marriage, property division, child custody, support, et cetera.
The more knowledge and familiarity that an attorney has regarding the laws interacting specifically with the district they represent, the greater the likelihood for a favorable outcome.
It’s essential that you choose your attorney will be honest with you, even if the information is unfavorable. Your attorney should be ready to give you the whole and complete truth about your case, and deliver that information in a timely fashion. The more willing an attorney is to give you hard truths, the better prepared you will be for the eventual outcome of the case.
There are two overriding factors for most individuals when seeking a divorce lawyer in Aventura or elsewhere: reputation and pricing.
Look into what other people have to say about the attorney you are interested in, or the services the particular firm provides. This will often tell you personal stories from real people experiencing your very own situation. If you read several success stories that encourage you to label it a worthwhile investment, then at the very least, it should convince you to look into a personal consultation and get a personal feel where you can make your own judgment.
The feeling that you get when you speak with your lawyer shouldn’t result in a feeling as if you had some mastermind plan and you ad holding a bunch of secretive answers toward what the future is going to bring. A successful meeting with an attorney should be something that results in a feeling of comfort—a feeling that you are in good hands with someone that is empathetic to your situation and wants what is absolutely best for you.
Think of the experience the attorney has to offer, the pricing, and the availability that they can provide to you, but also, think about the way that they treat you and the sincerity that they have to offer about your situation. That is what is going to land you the perfect attorney for your needs.
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Grounds for Divorce in Florida
No-Fault Divorcesok im
Florida is a no-fault state, so you don’t actually need to demonstrate grounds for divorce if you no longer want to be married. In order to file for a groundless divorce, one of the parties merely has to declare that the marriage is irretrievably broken. This could mean that the two individuals are no longer capable of getting along, the love is no longer there, and the most healthy option for both parties involved is to move on with their lives and to make the most with what they have.
Grounds for Divorce in Florida
Unlike some states, Florida’s only grounds for divorce results from the mental incapacity of one of the spouses. If one of the parties is mentally incapacitated for a period of three years, the other can use that as grounds for a divorce.
A Personal Statement:
The Division of Assets and Liabilities
Florida doesn’t operate on the principal of 50/50 division of property and assets. Instead, what the court will do is assess the spouses’ values, and take into consideration the personal significance certain items may hold to them. It may be a family heirloom, a vehicle, or other items that can hold significant value.
Sentimental value is often considered and the court will then find a fair way to make up for the difference to allow the division of items to be fair to both parties. Most property in the state of Florida, however, is community property. It will either be liquidated, with the proceeds equally divided, or they can be offset with other assets.
Child Custody and Support
The state of Florida favors parenting plans that divide time between both parents. The state does, however, recognize that there’s often a primary location where the children spend most of their time. In this case, the court assigns responsibilities to the other parent that involve the provision for the children’s essential needs. The amount of support that the non-custodial parent pays is based upon income and the amount of time the children spends in the secondary residence.
Alimony in Florida
In some cases, the courts will award alimony on a temporary or permanent basis. Also referred to as spousal support, alimony is calculated using the following factors:
- The length of marriage
- The requirement for education in order for spouse to support themselves on their own
- The amount the receiving spouse contributed during the marriage
- The ge and physical condition of spouse during time of separation
Alimony can sometimes be awarded in a lump sum, and other times it can be awarded over a period of a set duration of time in increment payments.
The kind of alimony a spouse may be entitled to is something very specific to case details and something that an experienced attorney can help determine and insure that all parties receive what they are entitled.
Hiring the Perfect Attorney
The quest to find the attorney that is going to deliver and make your divorce as hassle free as possible is no easy task. It’s for this reason that the Stephen H. Butler Firm located in Aventura, Florida makes it their personal priority to tackle these challenges for you.
By taking the time to listen to your concerns, develop plans specific to your needs, and ensuring you get the relief and results that you are looking for in your divorce proceedings, they give you the best chances of an optimal outcome. No legal process is ever a stress-free situation, but with the experience and personal passion our firm has for our clients we can promise to make your legal journey as manageable as possible. Contact us for an initial consultation.
Call Us For A Free Consultation & Case Evaluation: (305) 224-6489