At Benjamin & Melmer, LLC we pride ourselves on being family law attorneys who represent clients in all aspects of matrimonial law. Whether its representation in a simplified or uncontested dissolution of marriage, or representation in contentious litigation with your spouse, at Benjamin & Melmer, LLC, we are family law lawyers who are here to help you. The time we both spent in the Domestic Violence Unit of the Miami-Dade State Attorney’s Office gave us a unique insight into family law and the irrevocable damage that domestic violence can cause to family relationships. We understand the cycle of violence and the reluctance of many victims to take action and pride ourselves on showing our clients compassion and kindness, while at the same time providing them with a formidable advocate in the courtroom. We handle matters involving:
Paternity Lawyers Miami
Not all issues involving child support and time-sharing occur in the context of a divorce. Paternity actions can be brought by either a child’s biological mother or father requesting such things as court ordered child support, a determination of paternity and parenting plans involving the time-sharing and distribution of parental responsibilities between parents of a child. At Benjamin & Melmer, LLC, we are paternity lawyers who have the experience and knowledge necessary to effectively advocate for you and your child’s rights in a paternity action. Your paternity attorney should be a good mix of experience and compassion. Come see why we here at Benjamin & Melmer, LLC have this combination.
Modifications Lawyers Miami
Although a divorce or paternity action may have ended in the courts, we at Benjamin & Melmer, LLC recognize that all the issues involved in your relationship with your former spouse or significant other may not have. The law is very specific on what circumstances give a judge the authority to modify a previously entered judgment. This is why the retention of an experienced attorney is so important in such matters. Let us here at Benjamin & Melmer, LLC advocate on behalf of you and your children in such matters.
Enforcement & Contempt
Divorce and paternity actions include the imposition of court orders. Such orders require one party to pay child support or alimony to the other and outline time-sharing commitments and parental responsibilities. When one party fails to obey these court orders, it falls upon the other party to try and enforce them through motions for enforcement or contempt. Contempt is a serious action with potentially serious repercussions. Penalties can include fines, liens and even incarceration. Let us at Benjamin & Melmer, LLC work on your behalf to resolve these serious and often complex actions in a judicious and effective manner.
Same Sex Marriage and Divorce Attorney Miami
In Florida, it is now legal for same-sex couples to marry and adopt children. At Benjamin & Melmer, LLC, we can help you navigate the laws on gay marriage, which are the same as those already in existence for couples of a different sex. We can assist in such areas as pre-nuptial agreements, adoption paperwork and any other questions or concerns you may have in this area.
Also, now that Florida recognizes same sex marriages, it also now addresses same sex divorces. We at Benjamin & Melmer, LLC, stand ready to be your same sex divorce lawyers. The need to have a gay divorce lawyer who understands the issues of your case cannot be underestimated. As your same sex marriage lawyers, we at Benjamin & Melmer, LLC, will zealously represent you.
Please call our Office to set up a time to speak with one of our experienced same sex divorce lawyers.
Prenuptial Agreement Lawyer Miami
What Is a Prenuptial Agreement?
Prenuptial agreements, also called “premarital agreements” in Florida, are contracts between prospective spouses that determine how certain issues such as alimony and property division are treated during a divorce.
The process of obtaining a prenuptial agreement is a difficult, yet a very prudent one that many individuals in Florida should at least consider. We here at Benjamin & Melmer, LLC, have prenuptial agreement lawyers who have the experience and knowledge to guide you in this process. A prenuptial agreement attorney can be someone whose guidance can save you money and headaches in the future. Call our Offices today to set up an appointment to speak with one of our attorneys on the topic of prenuptial agreements.
Who Should Get a Prenuptial Agreement?
While prenuptial agreements are often thought of as a tool for the wealthy to protect their assets from a divorce, more and more individuals are using these agreements to avoid the unpredictable outcome of a litigated divorce.
What Issues Can a Prenuptial Agreement Cover?
In Florida, couples are given wide latitude to address a lot of different issues that might otherwise come up during the divorce process, with the caveat being that no provision in their prenuptial agreement can violate the law or public policy. Normally, these agreements focus on each spouse’s financial rights and obligations both during and after the marriage.
Child Custody Lawyers Miami
Disagreements over child custody are some of the most difficult and emotional disputes in our legal system. An effective child custody lawyer can be a vital ally in this difficult process. At Benjamin & Melmer, LLC, we have effective and knowledgeable child custody attorneys to help advocate on your behalf for child custody cases.
Seeking child support modification, whether upward or downward, is another difficult process that we here at Benjamin & Melmer, LLCC can help you through. Effective child custody lawyers for fathers looking to modify child support can be an important factor in understanding the often-confusing statutes surrounding this area of the law. An effective family law attorney in child custody matters will always listen to their clients concerns and wishes, while giving sound and comprehensive advice. We here at Benjamin & Melmer, LLC, will do our best to be that effective guide and zealous advocate throughout the process.
Child Support Attorney in Miami
In Florida, both parents are legally obligated to provide support for their minor child or children. The purpose of child support is to ensure that the child’s basic needs for food, clothing and shelter are met and, additionally, to allow the child to share in the wealth and good fortune of the parent’s.
Child support is established based upon a formula, which takes into account the net income of both parents, and certain specified expenses including but not limited to the health insurance premiums being paid for both the parents and the children, and the daycare costs, if any, for the child or children. In addition, the formula also takes into consideration the number of over-nights the child or children spend with each parent. If the parent with less time has at least 73 overnights each year, then the amount of time-sharing will be included in the calculation of child support and will force an adjustment to the child support obligation. This reduction in child support is based upon the consideration that both parents will need to provide food, clothing and shelter for the child or children while they are in that parent’s care.
Child support can be modified at any time based upon a showing of a substantial, permanent and unanticipated change in circumstances. What constitutes a substantial change in circumstances includes but is not limited to, the loss of a job, the termination of the child’s attendance at daycare, the disability of a parent, an increase in the costs of health insurance or daycare, or a substantial increase or decrease (15% or greater) in either parent’s income. Further, a permanent change is one that has lasted or is anticipated to last for one year or more.
Arrears and enforcement
There are a number of enforcement mechanisms for child support orders including contempt of court, suspension of the obligor’s driver’s license, and the placement of a lien on the obligor’s property. The Florida Department of Revenue and it’s sister agencies in other states have additional enforcement mechanisms including suspension of the obligor’s passport, and seizure of the obligor’s bank account.
Family Divorce Lawyer Miami
Florida Divorce Attorney
Below are some frequently asked questions regarding Florida divorce. For a free consultation regarding your Florida divorce please contact the Miami family law attorneys at Benjamin & Melmer.
Do I need to prove my spouse is at fault?
No. In general, one party just needs to state that the marriage is “irretrievably broken.”
How long does a divorce take in Florida?
It depends on whether it is contested or uncontested. An uncontested divorce means that both spouses agree on child support, custody, visitation, division of property and debts, and alimony, if any. An uncontested divorce can take as little as four to five weeks. If the matter is contested — that is, the court must decide any of the above issues it can take much longer.
What is the first step towards getting divorced in Florida?
The first step towards getting a divorce in Florida is filing document called a Petition for Dissolution of Marriage. It outlines any claims that you may have with regards to child support, custody, alimony, and division of marital property and debts. In general, a process server must personally deliver the papers to the other spouse; this is called “service of process.”