By Jose Medina, Esq. | Divorce , Family Law
You do not need a lawyer to get divorced. In fact, most cases filed in Miami-Dade County have at least one unrepresented party. Sometimes both are unrepresented. When one or both parties are unrepresented, they are referred to as “pro-se litigants.” Help for couples without legal representation in Miami You can imagine the potential mistakes […]
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By Jose Medina, Esq. | Divorce , Family Law
If you and your spouse have minor children and are in the midst of a divorce, the Court must award child support. Under Florida law, both parents have a duty to support a child. It is important to note that child support cannot be waived. This is because child support is a right that belongs […]
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By Jose Medina, Esq. | Divorce
Once established, you can change child support payments if certain criteria are met. In order to modify an existing child support obligation, the parent who wants to modify the amount needs to file a Petition for Modification. The Petition requires a showing of: a substantial, material and unanticipated change of circumstances. This is a high […]
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By Jose Medina, Esq. | Divorce
Oftentimes, people believe that the assets they purchased belong solely to them. However, the court views the equitable distribution of assets and liabilities which are acquired during the marriage as belonging to the marriage. That means both spouses are financially responsible for the assets and liabilities while married to one another. There are exceptions, but […]
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The mere mention of this word can strike terror in the heart of anyone who may have to pay. It can also be a lifeline for a needy spouse. The Court will consider spousal support or alimony if after dividing the assets and debts, one spouse still needs financial support from the other. The Court […]
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By Jose Medina, Esq. | Divorce
When there is a death during divorce and before the judge can determine an adequate settlement, the surviving spouse must file a “suggestion of death” according to Florida Rule of Civil Procedure 1.260 (a)(1). A suggestion of death informs the Florida courts that one spouse has passed. Notably, in Florida, Courts will not grant a […]
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By Jose Medina, Esq. | Divorce
Judges know that most cases will settle at mediation. That is why mediation is not only recommended, it’s mandatory. Yes, you may go to court and pay for an attorney, only to find out that your case will ultimately be settled in mediation. Of course, not all divorces can be settled this way. Many times a […]
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By Jose Medina, Esq. | Divorce
If you are getting divorced for the first time, you are in uncharted territory. The decisions you make leading up to your divorce can have long-lasting consequences for you and your family. That’s why it’s important to educate yourself so you don’t make the same kinds of emotionally and financially stressful mistakes I have seen […]
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By Jose Medina, Esq. | Divorce
Divorce can be difficult, especially when children are involved. It can bring out the best and the worst in people. As a divorce attorney with decades of experience, I can attest to this. I have seen spouses completely blindsided by the actions of the person that they thought they knew best. However, a little preparation […]
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By Jose Medina, Esq. | Divorce
Domestic violence is real and often underreported. By its nature, it takes place at home or somewhere where there are no witnesses. Domestic violence knows no cultural, racial, or economic limits. It happens. If you are the victim of domestic violence, get help. Don’t put up with it. In particular, don’t put up with it […]
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