• Divorce

    • What Are The Benefits To Scheduling A Paid Vs. Free Divorce Consultation?

      Our Pittsburgh family law office conducts two types of paid consultations – abbreviated 30 minute consultations costing $150 for those with only a few legal questions or comprehensive consultations lasting approximately 1 1/2 hours costing $400 for those people that need more assistance in learning about their legal rights. With either the abbreviated or comprehensive consultation, our office is able to discuss the specific facts of your family law case including the different strategies for male and female clients; the likely results in any future divorce case, equitable distribution, child support, spousal support, child custody or other case and the impact of certain situations including adultery, use of drugs or alcohol, or other indiscretions on the part of either family court litigant.

      Have You Ever Heard The Phrase, “You Get What You Pay For”?

      Some Allegheny County family law firms offer free consultations and you may be tempted to schedule an appointment with a Pittsburgh divorce attorney that offers free legal advice. The reality is that the way that family law lawyers earn a living is by charging for their advice and their time. A lawyer’s time and advice is what we sell after spending 4 years in college and 3 or 4 years in law school to receive our law degree. So, if a family law attorney gives away for free what they normally charge for, that lawyer generally must make up the money they lost for that free time in some other way.

      Sometimes, that Pittsburgh family lawyer may make up the lost revenue from a free consultation by charging a higher hourly rate once they are retained by a client. Other times, the Allegheny County divorce lawyer may make up the lost revenue from providing free legal advice by agreeing to take a case when the lawyer knows or should know that the client’s desired course of action is really not in their best legal interests or that their expectations are not realistic given the law or set of facts. In other situations, the free appointment by the Pittsburgh family law firm may be limited to the lawyer “selling” you on their services instead of listening to your problems and offering advice. Even worse is when the free consultation is with a paralegal or other staff member and you never get to meet the person who is supposed to be performing your legal work.

      When scheduling a consultation with a lawyer, you should ask:

      • Will I meet with an attorney or paralegal during my consultation?
      • How long has the attorney that I will meet with been practicing family law? (Not just how long have they been practicing law!)
      • What percent of the attorney’s work is in the family law area?
      • How much trial experience does the attorney have if my case doesn’t settle by an agreement? Further, is that trial experience in my particular problem area, i.e. property distribution, support, or child custody? And, when was their last trial?
      • How much time is allotted for my consultation?
      • Will I be allowed to fully explain my problems?
      • Will the attorney offer me specific legal advice on how they will resolve my issues?
      • Will the attorney tell me if it is not best for me to file an action or proceed in the manner that I intend to take?
      • Will my consultation be attorney-client privileged if I do not hire the attorney?
      • If I do not hire the attorney, is the opposing party free to consult with or hire the attorney?

      Always Meet With An Experienced PA Family Lawyer

      When our law firm charges you for our initial consultations, you can be assured that you will meet with an experienced PA family law attorney and have an understanding of Pennsylvania family laws and how it applies to your specific set of facts. You can also be assured that the advice you receive at the consultation is based upon your best interests and not our need to recoup lost revenue from a free consultation.

      All Consultations Are Completely Confidential

      Another benefit to our law firm’s paid consultation is that all matters discussed are completely confidential and protected by the attorney-client privilege. At no time in the future would our office be permitted to consult with or represent the opposing party in a family law matter or to divulge your confidential information to anyone.

      Contact our Pittsburgh divorce lawyers to learn about your best interests in a family law case. When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

  • Child Support

    • Is There A Relationship Between Seeing The Children And Paying Support In PA?

      In Pennsylvania, the person required to pay child or spousal support must comply with the support order even if the custodial parent is not complying with a custody order. If there is a problem with custody, a custody complaint, petition to modify or petition for contempt must be filed to address the custody issues. When an amount of support is not paid when due, the past due support is called support arrears or support arrearages. Failure to comply with either a support or custody order could result in being found in contempt for failing to obey the order and the imposition of sanctions including imposition of attorneys fees or incarceration. Additional sanctions when arrears are owed may include loss of any state issued licenses including professional licenses and driver’s licenses and seizure of bank accounts.

      Contact our Pittsburgh child custody lawyers for help you if the other parent is not allowing you see your children. Do not risk a contempt action by failing to pay your child support order, contact our office for assistance.

  • Family Lawyer

    • How Quickly Can I Schedule A Consultation With Your PA Family Law Firm?

      Our Pennsylvania family firm conducts initial consultations on a daily basis. New to the office, is the option to have 30 minute telephone or in person (Pittsburgh office only) appointments at a reduced fee from our regular consultation rates. The abbreviated 30 minute consultations can generally take place at the time that you contact the office provided that the applicable fees can be paid by a credit or debit card.

      Our comprehensive initial appointments generally last 1 1/2 hours and are a more detailed overview of your family law issue, Pennsylvania laws, and our suggestions for your legal issues. The comprehensive initial consultations are also conducted on a daily basis either by telephone or in one of our Pennsylvania offices or meeting locations. These family law consultations can generally take place on the same day or on a future scheduled date during the same week.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment. To schedule an appointment, for the same day please call our office at (412) 281-9906 or toll-free at 1-844-VARI-LAW.

  • Divorce

    • How Can A Spouse Or Minor Child Have Their Name Changed In PA?

      In Pennsylvania, a woman who has assumed the last name of her husband upon marriage can have her last name changed back to her maiden name once a PA divorce complaint has been filed and a written request is made to the court. A hearing or other court appearance is not required to complete the wife’s change of name.

      On the other hand, changing the name of a minor child may be more challenging. Issues involving the last name of a minor child often arise when the mother and father are not married and the mother chooses the child’s last name without input from the biological father. If both parents are named on the child’s birth certificate and both parents agree to change the minor child’s name, the parents can do so by submitting a request to the Pennsylvania Department of Vital Statistics. If one parent desires to change a child’s name as listed on the minor child’s birth certificate and the other parent objects, a legal action must be filed and a hearing conducted to determine if it is appropriate to change the last name of a minor child.

  • Child Support

    • How Do I Obtain A PA Child Or Spousal Support Order?

      A person seeking a PA child support or PA spousal support must file a support complaint with the PA domestic relations office of the court in order to establish a right to collect support. In order to obtain alimony, a request for alimony must be filed prior to the granting of a divorce decree. No legal obligation for the payment of support or alimony exists until the complaint is filed. Support complaints or can be filed by your attorney or by going to your local county court’s domestic relations office. If the defendant does not live in the same state or county as the plaintiff, the plaintiff can choose to file a support complaint in the county where he or she resides and have the action processed between the two county courts or can choose to file the support complaint in the county where the defendant resides, is employed, or can be personally served.

  • Family Law

    • How Quickly Can I Schedule A Consultation With Your PA Family Law Firm?

      Our Pennsylvania family firm conducts initial consultations on a daily basis. New to the office, is the option to have 30 minute telephone or in person (Pittsburgh office only) appointments at a reduced fee from our regular consultation rates. The abbreviated 30 minute consultations can generally take place at the time that you contact the office provided that the applicable fees can be paid by a credit or debit card.

      Our comprehensive initial appointments generally last 1 1/2 hours and are a more detailed overview of your family law issue, Pennsylvania laws, and our suggestions for your legal issues. The comprehensive initial consultations are also conducted on a daily basis either by telephone or in one of our Pennsylvania offices or meeting locations. These family law consultations can generally take place on the same day or on a future scheduled date during the same week.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment. To schedule an appointment, for the same day please call our office at (412) 231-9786">(412) 231-9786 or toll-free at 1-844-VARI-LAW.

    • How Can A Spouse Or Minor Child Have Their Name Changed In PA?

      In Pennsylvania, a woman who has assumed the last name of her husband upon marriage can have her last name changed back to her maiden name once a PA divorce complaint has been filed and a written request is made to the court. A hearing or other court appearance is not required to complete the wife’s change of name.

      On the other hand, changing the name of a minor child may be more challenging. Issues involving the last name of a minor child often arise when the mother and father are not married and the mother chooses the child’s last name without input from the biological father. If both parents are named on the child’s birth certificate and both parents agree to change the minor child’s name, the parents can do so by submitting a request to the Pennsylvania Department of Vital Statistics. If one parent desires to change a child’s name as listed on the minor child’s birth certificate and the other parent objects, a legal action must be filed and a hearing conducted to determine if it is appropriate to change the last name of a minor child.

  • Divorce

    • Can I Get Divorced Without A Lawyer In Pennsylvania?

      It is not advisable for any person to complete paperwork to file a PA Divorce Complaint without having a detailed consultation beforehand with an attorney to discuss the ramifications of such action. There are companies and even law firms that offer low-cost paperwork for a person to file their own Divorce Complaint. Once again, this is not advisable since a spouse may lose certain rights if the Complaint does not raise all claims between the parties.

      Furthermore, for some spouses it is not advisable to be the filing party of a divorce action because doing so may limit certain defenses to the payment of PA spousal support or, if the filing spouse is the lower wage earning spouse, filing a Divorce Complaint may limit the length of time that the dependent spouse may collect certain forms of support. The strategy behind whether or not it is appropriate to file a Divorce Complaint generally can only be understood after a consultation with a family law attorney. Do not simply tell an attorney you want to file for divorce. Ask questions first of whether this would be in your legal best interests.

      Additionally, the resolution of a divorce will be more likely to be faster and more durable if a knowledgeable PA divorce attorney is involved. Whether your divorce goes to trial or ends in settlement, your attorney will have the knowledge to form a strategy to protect your interests.

      Contact our Pittsburgh divorce lawyers to schedule a consultation with our attorneys prior to vacating the marital home or moving away from the residence that your children occupy and also after you have been served with any type of family law action that is filed by the other party. Once again, important legal rights may be adversely impacted if you do not take immediate action.

      If you cannot financially afford to pay for a consultation, we suggest that you review the information in this website to obtain a general understanding of family law topics and contact the Legal Aid Society located in your county to determine if you are eligible for free services.

  • Child Support

    • Is There A Relationship Between Seeing The Children And Paying Support In PA?

      In Pennsylvania, the person required to pay child or spousal support must comply with the support order even if the custodial parent is not complying with a custody order. If there is a problem with custody, a custody complaint, petition to modify or petition for contempt must be filed to address the custody issues. When an amount of support is not paid when due, the past due support is called support arrears or support arrearages. Failure to comply with either a support or custody order could result in being found in contempt for failing to obey the order and the imposition of sanctions including imposition of attorneys fees or incarceration. Additional sanctions when arrears are owed may include loss of any state issued licenses including professional licenses and driver’s licenses and seizure of bank accounts.

      Contact our Pittsburgh child custody lawyers for help you if the other parent is not allowing you see your children. Do not risk a contempt action by failing to pay your child support order, contact our office for assistance.

    • Can The Person Receiving Support In PA Be Compelled To Produce Receipts Proving How The Support Was Utilized?

      No. The defendant in a support action cannot, as part of PA child support or other proceedings, ask to see receipts of how child or spousal support, alimony pendente lite (APL), or alimony was utilized by the plaintiff. PA family laws presume that the child or spousal support, alimony pendente lite (APL), or alimony is used to help financially provide all things the spouse and/or child needs, including a home, food, clothing and social activities.

      In most cases if a defendant in a spousal support action is concerned about how the support they are paying is being utilized by the other party, it is because they think the PA support order is too high. Contact our Pittsburgh child support lawyers and spousal support attorneys for an evaluation of your support payments.

  • Divorce

    • Must Fault Be Proven To Obtain A Pennsylvania Divorce Decree?

      No. Since 1980, all Pennsylvania counties including, but not limited to, Allegheny, Beaver, Washington and Westmoreland Counties in Western Pennsylvania have adopted no-fault grounds for divorce. Pennsylvania no-fault divorces can be finalized anytime after ninety days has expired after the date the Pennsylvania divorce complaint is filed with the court and served upon the defendant if both spouses will sign documents called Affidavits of Consent which indicate their consent to the entry of the Pennsylvania divorce decree. In PA, if either spouse refuses to sign the Affidavit of Consent, a divorce decree cannot be entered until two years have expired from the spouses’ date of separation. In most cases, fault based grounds, even if they exist, are not pursued. Fault based grounds for Pennsylvania divorces are generally based upon adultery or abandonment of the marriage without just cause.

      However, there are some situations when adultery or fault may be used a defense to the payment of money to a spouse. A spouse may loose their entitled to spousal support where a divorce complaint has not yet been filed and may also loose their entitled to alimony if they have committed adultery or another of the traditional fault based defenses.

      Contact our Pittsburgh divorce lawyers if you are considering a separation from your spouse or filing for divorce. Don’t trust the advice of your friends or family, get experienced legal advice prior to making life-changing decisions.

      Disclaimer

      The statements in this section are based on Pennsylvania law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

    • What Are The Benefits To Scheduling A Paid Vs. Free Divorce Consultation?

      Our Pittsburgh family law office conducts two types of paid consultations – abbreviated 30 minute consultations costing $150 for those with only a few legal questions or comprehensive consultations lasting approximately 1 1/2 hours costing $400 for those people that need more assistance in learning about their legal rights. With either the abbreviated or comprehensive consultation, our office is able to discuss the specific facts of your family law case including the different strategies for male and female clients; the likely results in any future divorce case, equitable distribution, child support, spousal support, child custody or other case and the impact of certain situations including adultery, use of drugs or alcohol, or other indiscretions on the part of either family court litigant.

      Have You Ever Heard The Phrase, “You Get What You Pay For”?

      Some Allegheny County family law firms offer free consultations and you may be tempted to schedule an appointment with a Pittsburgh divorce attorney that offers free legal advice. The reality is that the way that family law lawyers earn a living is by charging for their advice and their time. A lawyer’s time and advice is what we sell after spending 4 years in college and 3 or 4 years in law school to receive our law degree. So, if a family law attorney gives away for free what they normally charge for, that lawyer generally must make up the money they lost for that free time in some other way.

      Sometimes, that Pittsburgh family lawyer may make up the lost revenue from a free consultation by charging a higher hourly rate once they are retained by a client. Other times, the Allegheny County divorce lawyer may make up the lost revenue from providing free legal advice by agreeing to take a case when the lawyer knows or should know that the client’s desired course of action is really not in their best legal interests or that their expectations are not realistic given the law or set of facts. In other situations, the free appointment by the Pittsburgh family law firm may be limited to the lawyer “selling” you on their services instead of listening to your problems and offering advice. Even worse is when the free consultation is with a paralegal or other staff member and you never get to meet the person who is supposed to be performing your legal work.

      When scheduling a consultation with a lawyer, you should ask:

      • Will I meet with an attorney or paralegal during my consultation?
      • How long has the attorney that I will meet with been practicing family law? (Not just how long have they been practicing law!)
      • What percent of the attorney’s work is in the family law area?
      • How much trial experience does the attorney have if my case doesn’t settle by an agreement? Further, is that trial experience in my particular problem area, i.e. property distribution, support, or child custody? And, when was their last trial?
      • How much time is allotted for my consultation?
      • Will I be allowed to fully explain my problems?
      • Will the attorney offer me specific legal advice on how they will resolve my issues?
      • Will the attorney tell me if it is not best for me to file an action or proceed in the manner that I intend to take?
      • Will my consultation be attorney-client privileged if I do not hire the attorney?
      • If I do not hire the attorney, is the opposing party free to consult with or hire the attorney?

      Always Meet With An Experienced PA Family Lawyer

      When our law firm charges you for our initial consultations, you can be assured that you will meet with an experienced PA family law attorney and have an understanding of Pennsylvania family laws and how it applies to your specific set of facts. You can also be assured that the advice you receive at the consultation is based upon your best interests and not our need to recoup lost revenue from a free consultation.

      All Consultations Are Completely Confidential

      Another benefit to our law firm’s paid consultation is that all matters discussed are completely confidential and protected by the attorney-client privilege. At no time in the future would our office be permitted to consult with or represent the opposing party in a family law matter or to divulge your confidential information to anyone.

      Contact our Pittsburgh divorce lawyers to learn about your best interests in a family law case. When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

    • Can The Other Party Be Forced To Pay My PA Divorce Lawyers’ Fees?

      In Pennsylvania divorce and equitable distribution cases, Pennsylvania family court judges have the power to order one spouse to pay the other spouse’s attorneys’ fees. The basis for such cost-shifting is a substantial difference in the income or property that each party has available for their use in employing a PA divorce lawyer. However, in some cases, the request for attorneys fees can not be made until the case is near completion. In this situation, the spouse must pay their attorneys fees as work is being performed and hope that an award reimbursing those fees will be made at a later date by the judge. In other divorce cases, if there is a lump sum of money or other liquid assets in a marital account, a request can be made to advance some of those assets to the spouse needing assistance with their payment of legal fees. In situations where both spouses have similar incomes or earning capacities or if both spouses receive ample amounts of liquid assets as part of the divorce, the husband and wife are more likely to pay their own fees for their Pennsylvania divorce lawyer.

      While there is some limited rights to seek payment of your legal fees in support matters, there is generally no method to seek legal fees in custody matters. There is also only very limited rights to seek payment of legal fees in a case involving child support only.

      However, another reason for having one party pay the other’s party’s lawyers’ fees is bad faith or contempt by the party from whom fees are sought. If one party does something he or she should not do (such as not paying child support or interfering with other party’s access to the child), the party who engaged in misconduct is likely to have to pay the attorneys’ fees of the other party.

      Contact our team of experienced PA family law lawyers to learn about your legal rights. Our PA family law attorneys accept family law cases in Allegheny County (Pittsburgh), Armstrong County (Kittanning), Beaver County, Berks County, Butler County, Clearfield County, Somerset County, Washington County, and Westmoreland County (Greensburg). Our lawyers accept PA family law cases from other Pennsylvania counties including Clarion County, Fayette County, Greene County, Indiana County, Lawrence County (New Castle), Mercer County, and Venango County on a case-by-case basis.

      Back to FAQs

      Disclaimer

      The statements in this section are based on Pennsylvania law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

    • Would I Be Guilty Of Abandonment If I Leave The Marital House During A Divorce In Florida?

      No, in Florida simply leaving the home does not mean that you have exempted yourself from the liabilities attached to the home or the equity to be gained from a sale of the home. In a Florida divorce case the marital home is to be divided along the equitable distribution statutes. If you decide to move out of the home during the divorce process you will still be entitled to argue for how the home should be dealt with during the divorce. However, if one party does remain in the home during the divorce and is making the mortgage payments during that time they could make the argument that they should be credited for that amount of money they spent if the court orders the sale of the home.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

    • Why Should I Use Mediation, Collaborative Divorce, Or Arbitration To Resolve My Divorce In Florida?

      Mediation and arbitration are types of alternative dispute resolutions that allow the spouses to have a neutral third party listen to their requests for the divorce and that person then will find a middle ground that the couple is comfortable with. This middle ground is then used to create a marriage settlement agreement that the parties both agree to and sign. The marriage settlement agreement is then presented to a judge for final approval. Using such alternative dispute resolution tactics avoid the confrontation that usually comes with having to go to trial.

      Collaborative divorce is a method utilized by parties that encourages a more civilized way of resolving family law disputes by negotiation and agreement thus avoiding court and the litigation process. The collaborative process strives to dissolve the marriage or resolve other family law issues in a way that addresses everyone’s legal, financial, and emotional needs. During this process both parties are represented by attorneys that negotiate as much as possible with each other so as to keep the case from going to trial.

      These three methods not only keep peace among the parties but can also save each party a large amount of money.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Child Custody

    • Do I Need A Lawyer For A Child Custody Dispute In Florida?

      The short answer is: no, you do not need an attorney for a child custody dispute in Florida. It is an established rule that you have the right to represent yourself in a court of law. Should you get a Miami family law attorney for a child custody dispute, however, is a different question. If you are asking if you should, the answer is yes. Many people do not understand that choosing to represent yourself means that the Court will expect you to follow the same rules and procedures that an experienced Miami child custody attorney must follow.

      Florida laws and rules can be complex and oftentimes confusing if you do not have background or training in the law. It is always best to consult with a Miami family law attorney and hire this attorney to represent you in your case. Though you may think you are saving money by representing yourself, the outcome of the case may not turn out as you wanted because of your limited legal knowledge. Hiring a Miami child custody lawyer will not only make the process easier for you, it will give you the law on your side. A Miami child custody attorney will work to obtain a Florida time-sharing agreement for you, one that keeps in mind your wishes and the best interest of your child. A child custody lawyer is a helpful tool for any parent in a Florida child custody dispute so if you cannot afford an attorney, you may want to contact your local legal services provider or Florida Bar Association to inquire about free or discounted legal representation.

      If you are facing a Florida child custody dispute and would like to be represented by an experienced Miami child custody attorney, contact the Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Divorce

    • When Should I Get A Divorce Lawyer In Florida?

      The earlier in the process you hire an attorney, the better. From the start of filing for a Florida divorce, you will be required to fill out a large amount of paperwork. These documents and the legal rules that accompany them are often complicated, especially for an individual with little or no knowledge of the legal system. Many people are unsure of exactly what each of the documents requires, leading to frustration. You do not want to start off your divorce with these feelings of confusion and frustration. Hiring an experienced Miami divorce lawyer will help you get through the process with less stress. A Miami divorce attorney can guide you through the steps of the process and let you know the options you have which will allow you to save even more time and money, and potentially even help you settle your Florida divorce without having to go to trial.

      If you are facing a Florida divorce, and would like to be represented by an experienced Miami divorce attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Child Support

    • Do I Need A Florida Child Support Lawyer For A Child Support Modification?

      There is no requirement to hire a Miami family law attorney to represent you at a Florida child support hearing, but it may be in your best interest to do so. Though you have the option to represent yourself, a Miami child support attorney deals with cases like yours on a daily basis and will be able to attempt to get your child support payments modified. In Florida, if the Court has entered a Final Judgment regarding child custody or child support, and a party seeks changes to the time-sharing decision or child support amount, that party must file a Petition for Modification. In its original child support determinations, the Court made its decision following the Florida child support guidelines and based upon the best interest of the child. This means that in order to prevail in a modification action, the party seeking modification has the “extraordinary burden” of proving a “substantial change in circumstances” occurred since the previous Final Judgment that warrants modification. Florida courts have defined a substantial change in circumstances to be one that is substantial, material, unanticipated at the time of the Final Judgment, and permanent in nature. The individual seeking modification must prove all these elements, something which is far from easy, in order for the Court to modify the order. Hiring an experienced Miami child support modification attorney is your best chance at having your child support payments modified because they attempt to gather evidence a judge may see as sufficient to warrant a modification.

      If you have an order to pay child support and would like to modify the payment amount, contact our Miami child support attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Divorce

    • Can The Other Party Be Forced To Pay My Lawyers’ Fees In Florida Family Court Proceedings?

      In Florida divorce and equitable distribution cases, Florida family court judges have the power to order one spouse to pay the other spouse’s attorneys’ fees. The basis for such cost-shifting is a substantial difference in the income or property that each party has available for their use in employing a Florida divorce lawyer. However, in some cases, the request for attorneys’ fees cannot be made until the case is near completion. In this situation, the spouse must pay their attorney’s fees as work is being performed and hope that an award reimbursing those fees will be made at a later date by the judge. In other divorce cases, if there is a lump sum of money or other liquid assets in a marital account, a request can be made to advance some of those assets to the spouse needing assistance with their payment of legal fees. In situations where both spouses have similar incomes or earning capacities or if both spouses receive ample amounts of liquid assets as part of the divorce, the husband and wife are more likely to pay their own fees for their Florida divorce lawyer.

      Attorneys fees may also be awarded in Florida paternity cases (child support and time-sharing or child custody cases) if one parent has the need for help in paying their attorney’s fees and the other parent has the ability to pay said fees.

      Another reason for having one party pay the other’s party’s lawyers’ fees is bad faith or contemptuous conduct by the party from whom fees are sought. If one party does something he or she should not do (such as not paying child support or interfering with other party’s access to the child), the party who engaged in misconduct is likely to have to pay the attorneys’ fees of the other party.

      Contact our Dade County family law attorneys to learn how we can help you with your divorce, equitable distribution, child support, time-sharing (child custody) or related issue.  Or, telephone us at (412) 231-9786">(412) 231-9786.

      Our office accepts Florida family law cases including dissolution of marriage (divorce), equitable distribution, spousal support, alimony, paternity, child support, time-sharing (child custody), juvenile law cases, and related matters in Miami-Dade County, Broward County and Monroe County. Our law firm accepts Florida family law cases from other counties on a case-by-case basis.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

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    • Can The Miami-Dade Family Court Require Counseling Prior To Finalizing A Florida Divorce?

      It depends on the situation. To obtain a divorce in Miami, or anywhere else in Florida, there must be a legally acceptable reason. There are two legally acceptable reasons in Florida. One is that one party has been declared legally incompetent for a period in excess of three years. The other is that the marriage is “irretrievably broken.” That means that there is nothing that the court can do in order to attempt to make the couple get back together. If there are children, and one of the parties denies that the marriage is irretrievably broken, then the court may order the parties to attend counseling and may delay the proceedings for up to three months to encourage and/or permit the parties an opportunity to reconcile. If neither party denies that the marriage is irretrievably broken, then counseling will not be required.If you are facing a Florida divorce, and would like to be represented by an experienced Miami divorce attorney once your case is ready to be filed, contact the Miami office of Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Domestic Violence

    • What Should I Do If I Am The Victim Of Domestic Violence In Florida?

      If you are the victim of spousal abuse in Florida, you should immediately contact your local police department and file a police report. The police will be able to provide you with instructions on how to obtain a Temporary Restraining Order (TRO). A TRO may include relief including an order preventing further abuse, an award of any jointly occupied residence, temporary child custody provisions, and a no contact provision. You may also wish to consult with a domestic abuse shelter or crisis hotline. Their numbers can be found in the Yellow Pages of your telephone directory. Below is a list of a few South Florida domestic violence shelters and referral sources:

      Miami:

      • Lotus House Shelter 305 576 4780
      • Camillus House, Inc. (305) 374-1065
      • Miami Rescue Mission, Inc. (305) 571-2273
      • Victim Response, Inc. (305) 693-1170

      Ft. Lauderdale:

      • Salvation Army Family and Transitional Shelter Broward County (954) 524-6991
      • Second Chance Society (954) 763-5999
      • Women in Distress of Broward County, Inc. (954) 760-9800

      For a nationwide directory of women’s shelters please visit: http://www.womenshelters.org/

      If you have been the victim of domestic violence and would like to speak with one of our domestic violence attorneys in Miami, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Alimony

    • Can I Stop Paying Alimony In Florida Now That My Former Spouse Is Cohabitating With Someone?

      This question cannot be given a simple yes or no answer because there is a ground for modifying alimony based on the receiver’s entering into a supportive relationship but this does not mean that the court will terminate alimony all together. Section 61.14 of the Florida Statutes entitled “enforcement and modification of support,” outlines the factors that a court will look to for modifying a support agreement. This section allows for a person that is paying alimony to petition the court to revise the alimony payments due to the fact that their ex-spouse is now in a supportive relationship; therefore, the need for the payer to continue to make payments is unnecessary or should be reduced because of the support given by this third party. In evaluating if a supportive relationship exists the court will examine the nature and extent of the relationship. There are also 11 circumstances that the court will consider in evaluating the alleged supportive relationship. These circumstances range from the whether the couple holds themselves as married by an engagement to whether they provide support to each other’s children. Additionally, the section notes that it is not a requirement that the alleged supportive relationship be formalized by a marriage license. The section recognizes that relationships exist that provide economic support equivalent to a marriage and that alimony should be terminable due to such a relationship. Remarriage is always a situation in which alimony would be terminable.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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    • Can I Seek An Increase In My Alimony In Florida?

      Yes, you can seek an increase in alimony in Florida. However, in determining whether to order an increase in alimony payments, the court must examine the request to do so by a preponderance of the evidence of increased ability to pay alimony. Absent a finding of fraud, a payor’s increased income may not be considered permanent unless the increase has been maintained without interruption for at least 1 year, taking into account the payor’s ability to sustain his/her income.

      If you would like to modify your Florida alimony order, contact our Florida alimony lawyers. Send us an email or call us at (412) 231-9786">(412) 231-9786.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Divorce

    • Can I Get Divorced Without A Lawyer In Florida?

      The short answer is: yes, you can get divorced without a lawyer. It is an established rule that you have the right to represent yourself in a court of law. However, many people do not understand that choosing to represent yourself means that the Miami-Dade Court will expect you to follow the same rules and procedures that any Florida divorce attorney must follow. Florida laws and rules can be complex and oftentimes confusing if you do not have background or training in the law. In addition, there are often crucial issues at stake such as division of property; debts; and the custody, visitation and support of children. For these reasons, it is always best to consult with a Miami family law attorney and hire this attorney to represent you in your Florida divorce case. Though you may think you are saving money by representing yourself, the outcome of the case may not turn out as you wanted because of your limited legal knowledge. Hiring a Florida family law attorney is the only way you can be sure that the outcome will be the best possible scenario for you. If you cannot afford an attorney, you may want to contact your local legal services provider or Florida Bar Association to inquire about free or discounted legal representation.

      If you are facing a Florida divorce, and would like to be represented by an experienced Miami divorce attorney, contact the Miami office of Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation. Click here to learn about your consultation options.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Family Law

    • Should Both Parties Use The Same Lawyer For Florida Divorce And Family Court Matters?

      No. A Florida family law and divorce attorney can represent only one party or spouse in a family law or Dissolution of Marriage (divorce) case. Sometimes, the parties decide that only one of them will retain an attorney. In this situation, the Florida family law attorney prepares any paperwork or agreements on behalf of the client who hired the lawyer and only gives advice to that client that has retained the attorney’s services. The lawyer’s client is the only party represented in this situation. In this scenario, the person acting without an attorney is acting on their own behalf; in legal terms, the person is acting pro se.

      Consultations with our Miami family law attorneys are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

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    • How Do I Adjust Child Support Payments In Florida

      A Florida child support order may be modified based on a showing of a substantial change in circumstances when the best interests of the minor child require modification, or upon the child reaching the age of majority or is otherwise emancipated through marriage or joining the armed services. A substantial change of circumstances may be based upon a change in the financial ability of either parent which was not anticipated when the original order or agreement was entered, an involuntary decrease in income, extraordinary medical expenses, the independent income of the child, the age of a child, the extent of overnights the payor exercises with the minor children, IRS tax credits and exemptions, the special needs of a disabled child and any other factor that requires consideration for an equitable result. The Florida child support guidelines provide that before the Florida family court may find a substantial change in circumstances, the difference between the existing monthly obligation and the amount provided for under the guidelines must be at least 15 percent or $50, whichever amount is greater. If you have the order to pay child support and would like to modify the payment amount, contact our Miami child support attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

    • How Do I Obtain Florida Child Support Or Florida Alimony

      In order to ensure that you receive child support or alimony payments in Florida, an order from the Miami-Dade or Broward family court is required. During a divorce proceeding, a Florida family law court can also enter orders for payment of child support and spousal support. There are no alimony guidelines or alimony calculation formulas as is the case with child support issues. Instead, alimony laws in Florida indicate that a spouse must prove “need,” meaning that their income and award of assets are not sufficient to meet their reasonable monthly expenses and that the payor spouse has the ability to pay alimony. In addition, other alimony rules that the Florida family court will consider in determining if the payment of alimony to a wife or husband is justified and, if so, the amount of alimony that should be paid.

      In Florida, child support rules indicate that both parents are expected to contribute to support their minor children. The amount of child support payments that a parent is obligated to pay to the other parent depends on the after-tax (net) incomes or earning capacities of the parties. Specific Florida child support calculator programs are utilized by the child support agency and court to determine the income of each parent for child support purposes.

      If you are facing a Florida divorce and would like to speak with one of our Miami attorneys about child support and/or alimony, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

  • Divorce

    • Must Fault Be Proven To Obtain A Florida Divorce Decree?

      While there may be many different reasons for divorce, Florida is a no-fault divorce state. This means that in a Florida divorce case, a spouse does not need to prove that the other spouse is at fault for causing the end of the marriage in order to file for divorce and obtain a Florida divorce decree. Florida no-fault divorce laws are a much more humane method of divorcing instead of other states that may require a trial and testimony regarding the personal lives of the divorcing spouses on issues of adultery, desertion or other fault-based divorce grounds. Instead, with Florida no-fault divorce laws, the Miami divorce lawyer representing either spouse can file to legally end the marriage by simply stating that the marriage is irretrievably broken. Another rarely utilized ground utilized in a Petition for Divorce can arise when a spouse has been declared incompetent by a guardianship court.

      If you are facing a Florida divorce, and would like to speak with one of our Miami divorce attorneys, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Family Law

    • How Do I Start A Divorce Case In Florida

      Dissolution of Marriage is the technical legal term for a Florida divorce action. Filing the proper Florida divorce forms is crucial in a case. The required divorce papers include a Petition for Dissolution of Marriage, which is the first step in the Florida divorce process. The spouse filing the petition, also known as the petitioner, must pay the Divorce Court’s filing fee for opening the divorce case. The petitioner must then have the divorce documents including the Petition for Dissolution served on the other spouse, the respondent, which is usually done by a process server. The respondent’s lawyer will then be required to file di an Answer to the Petition for Dissolution of Marriage on behalf of the respondent. Each spouse will state in their respective divorce papers the grounds for the divorce (irreconcilable differences), the jurisdiction (authority) for the court to hear the case, the facts as they believe them to be, and the types of issues that the spouse would like the family court to consider. The issues included in a Petition for Dissolution or Answer to the Petition for Dissolution could include the granting of the Florida divorce decree, a division of the marital property, separate maintenance, alimony, child support, and resumption of a maiden name. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

  • Child Support

    • Is There A Relationship Between Seeing The Children And Paying Support In Florida?

      The more time-sharing a Miami parent has with a child, the lower the child support payment they will have to make. Florida Child Support Guidelines are used to determine the amount of child support that will be ordered. The combined net incomes of the parents are utilized to determine the total monthly child support obligation. Thereafter, a formula is applied to determine each parent’s share of the total monthly child support obligation and a calculation is done to determine whether the mother or father will pay child support. In 2010, the Florida child support guidelines were amended to indicate that the parent paying child support may be entitled to a downward deviation in child support payments if that parent exercises more than 20 percent of the overnights in a calendar year with the minor children. A Miami child support and child custody lawyer will be able to give an estimate on how much you will have to pay for child support depending on the time-sharing arrangement the court orders, so it would be of great use to you to speak with a Miami child support attorney at the start of your case.

      If you are facing a Florida divorce, and would like to speak with one of our Miami attorneys about child support and/or child custody, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Family Law

    • How Do You Determine Marital And Nonmarital Assets And Liabilities In Florida Divorce Cases

      Some assets and debts are exempt from division. It is important to recognize the difference between marital and non-marital property. Some of the general categories of non-marital property in Florida include any asset, debt, or liability obtained before the marriage; an inheritance, gift, or devise made to just one spouse during the marriage; income obtained from non-marital assets during the marriage; and any property excluded from marital classification by a valid prenuptial agreement. Some assets may start out non-marital, but if comingled become marital. An inheritance from a favorite grandparent to just the wife would become marital if placed in a joint checking account and used to pay monthly household expenses. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

  • Divorce

    • In Florida, How Much Will A Divorce Cost Me?

      There are filing fees paid directly to the court which range around $420.00. This is in addition to your attorneys’ fees and other costs (process server fee, copies, expert fees, etc.). Attorneys’ fees and costs vary based on the particular circumstances of a case and it’s safe to say that the less fighting between spouses, the less money spent. Uncontested divorces can usually be done on a flat rate basis instead of hourly, resulting in significant savings. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Family Law

    • How Does Divorce Impact My Business Or Business Assets In Florida

      When a party to a divorce or support action owns their own business, any family court action becomes more complex. In addition to the sometimes difficult task of determining the actual income for a self-employed individual, it is sometimes also necessary to determine the value of the business. One of the questions that must be answered is whether the business that is owned by an individual spouse is a marital asset and, if so, what is the value of that marital asset. Once the business is characterized as a marital asset, a business valuation expert can be retained to help determine the marital value of the business. Once that value is determined it is subject to the principles of equitable distribution. Even if the other spouse did not take an active role in the business they are still entitled to half of the business due to the fact that the business has been categorized as a marital asset. If the court determines that the business is in fact separate property then the business is not subject to equitable distribution during the divorce. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

  • Divorce

    • In Florida, Do I Need To Go To Court To Settle My Divorce?

      This question is twofold: will you need to go to court during the divorce process and does the judge have to settle the divorce case. For the first part, yes you will likely need to go to court at some point in time. If it is a simplified dissolution of marriage or a contested divorce proceeding then both parties must be present at the final hearing. If it is an uncontested divorce the petitioner must be present at the final hearing. For the second part, no the judge does not have to settle the issues of your case. If the couple can agree on how to deal with the issues of their case on their own or they have come to an agreement through mediation then the judge need only sign the final judgment. However, if the couple cannot agree on the issues then a judge will hear the case at trial and decide the issues at hand.Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Family Law

    • What Should I Do If I Am Served With A Divorce Complaint In Miami

      If you are served with a divorce complaint in Miami, Ft. Lauderdale, or any other city in Florida, the first thing we recommend doing is contacting a Miami divorce attorney. Once you receive this complaint, you have 20 days to respond and then the legal process will commence. After this, you then have 45 days to complete a process known as Mandatory Disclosure, which requires an individual to present the other side with a significant amount of paperwork, mostly related to finances. The earlier in the process you hire an attorney, the better it will be for you. A Miami divorce attorney will inform you of your rights and assist you with the long process ahead. If you are facing a Florida divorce and would like to speak with one of our Miami divorce attorneys, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

    • What Should A Florida Resident Do Prior To Separating From Their Spouse Or Parent Of Their Children

      Prior to any separation, a party should copy important documents that are in the house and consult with our Miami divorce attorneys. A separation can negatively impact child custody, spousal support, child support, and other family law matters so it is highly advisable to seek the professional advice of a Miami family law attorney before making final arrangements to separate from your spouse or the parent of your children. Even moving out of the marital home should be carefully considered as it could negatively impact the outcome of your Miami family law matter. The first step is to contact a Miami divorce attorney to learn about your rights and to discuss what consequences may be associated with any actions you take prior to obtaining a court order. If you are considering separating from your spouse, or the parent of your child, and would like to speak with one of our Miami family law attorneys, about the potential consequences involved with separating, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

    • What Is The Divorce Process In Florida

      The Florida divorce process, known as the Dissolution of Marriage, begins with the filing of the required divorce papers including a Petition for Dissolution of Marriage by the Florida divorce lawyer. The spouse filing the petition, also known as the petitioner, must pay the Divorce Court’s filing fee for opening the Florida divorce case. The Florida divorce lawyer representing the petitioner will have the divorce documents including the Petition for Dissolution served on the other spouse, the respondent. A process server will generally be hired by the Florida divorce attorney to serve the petition upon the respondent. The respondent’s lawyer will then be required to file divorce papers including an Answer to the Petition for Dissolution of Marriage on behalf of the respondent. The Florida divorce attorneys for each spouse will state in their client’s respective divorce papers the grounds for the divorce (irreconcilable differences), the jurisdiction (authority) for the court to hear the case, the facts as they believe them to be, and the types of issues that the spouse would like the family court to consider. The issues included in a Petition for Dissolution or Answer to the Petition for Dissolution could include the granting of the Florida divorce decree, a division of the marital property, separate maintenance, alimony, child support, and resumption of a maiden name. The case will then be referred to mediation, where the couple will work with a family law mediator to try to amicably resolve the issues involved in their divorce case. If the issues are not solved by the couple or at mediation the case will then go to trial. At this time a judge will hear all the issues and rule in the way they see fit. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

    • What Is The Difference Between Collaborative Divorce And Mediation

      Mediation is a process that helps all parties to a family law dispute receive unbiased opinions and suggestions for settlement from an experienced family law mediator in an attempt to amicably resolve their differences and avoid contested litigation. Florida mediation cases are a form of conflict management and alternative dispute resolution (ADR) and are especially useful mechanisms in the highly emotional areas involving divorce and children.

      Collaborative family law is a method utilized by parties that encourages a more civilized way of resolving family law disputes by negotiation and agreement thus avoiding court and the litigation process. The collaborative process strives to dissolve the marriage or resolve other family law issues in a way that addresses everyone’s legal, financial, and emotional needs. Collaborative family lawyers work toward settling your case rather than preparing for and conducting a trial, resulting in financial and emotional savings for the parties and their families.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

    • What Is Florida Retroactive Child Support?

      Retroactive child support is unpaid child support that a court may order a parent to pay after the fact because it was money to which the child was rightfully entitled. Florida permits the collection of child support for up to two years before the application for child support was filed. This means that if the case was filed in November 2017, the child will be able to collect child support payments for each month between November 2015, exactly two years prior to filing, and the date at which the final order for child support is entered. The amount of retroactive child support is calculated based on the income of the parents. If the other parent cannot prove what their prior income was, then that parent’s current income will be used to calculate the amount of retroactive child support. A Florida Court is also likely to consider an installment plan for paying retroactive child support, instead of one large payment. It is important to realize that retroactive child support is granted in addition to regular child support, it does not reduce future payments. A Miami child support attorney will be able to provide you with an estimate of how much you are likely going to be ordered to pay going forward, and how much you will likely have to pay for past payments, so it may be in your best interest to speak with an attorney prior to your child support hearing.

      If you have not received payments from your child’s other parent and would like to know about the process of obtaining retroactive child support, contact our Miami child support attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

  • Divorce

    • Will I Be Taxed For Money Or Property I Receive After A Florida Divorce?

      Equitable distribution of property requires the court to divide the marital assets, including property “equally”, absent the written agreement of the parties. If tax consequences are not considered when dividing assets, the ultimate division is often far from being equal.

      It is the Miami divorce attorney’s role to investigate the tax implications of the proposed division and to advise the client accordingly. In particular, the difference between the fair market value of an asset and its tax basis must be taken into account when evaluating whether there is an “equal” division of the marital estate. In negotiating settlements, the parties are free to discount property based on built-in tax liability associated with an asset.

      If you either pay or receive spousal support or alimony you will need to be concerned with the potential tax ramifications of these sums. If a spouse receives spousal support or alimony, the amount received usually is treated as income to the recipient and a deduction from income of the person paying the money. Furthermore, if one of these orders also contains an additional amount for child support, the entire amount received, including the child support component, may be considered income to the recipient for tax purposes unless the order of court states otherwise. If the order is solely for child support, there are no tax consequences for the receipt or payment of the money.

      If you are facing a Florida divorce, and would like to speak with one of our Miami divorce attorneys, about the potential tax consequences involved, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Family Law

    • What Is A Retainer?

      A retainer is a lump sum of money that a client pays to a lawyer in advance of the lawyer performing services on behalf of the client. The retainer is paid to guarantee the lawyer’s fees will be paid as services are performed by the lawyer. The amount of the initial retainer may or may not cover the entire costs of a client’s legal fees and the client may be asked to replenish their retainer as work continues on their case.

      It is virtually impossible to determine in advance the total cost for lawyers’ fees in a family law case. However, factors that influence the total cost of legal fees include the issues involved, the complexity of the issues, and whether the case can be resolved by agreement versus litigation of contested issues.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

    • What Is A Florida Family Law Attorney

      A family law attorney is an attorney that accepts cases involving dissolution of marriage (divorce), equitable distribution, paternity, and child support issues, spousal support, alimony, time-sharing (child custody), domestic violence, juvenile law, step-parent adoption, and related issues. All attorneys who have passed a state’s bar exam are licensed to accept family law cases; however, not every attorney has the same level of experience and training in handling family law matters. You can think of it like this – every licensed physician can treat you for a cold but would you want to go to a general practice, or family doctor if you need heart surgery? Probably not! For many attorneys, family law cases compromise only a small portion of the cases they accept and the work they perform. Our office is different in that the only type of cases that we accept is family law cases. In addition, our family law attorneys attend training on Florida family law topics on an annual basis and consistently stay informed when there are changes in Florida family law cases. We truly are Florida family law attorneys!

      Our office accepts Florida family law cases including dissolution of marriage (divorce), equitable distribution, spousal support, alimony, paternity, child support, time-sharing (child custody), juvenile law cases, and related matters in Miami-Dade County, Broward County, and Monroe County. Our law firm accepts Florida family law cases from other counties on a case-by-case basis.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

  • Divorce

    • Will My Spouse Be Entitled To Alimony In A Florida Divorce?

      If you are the higher earning spouse, then it is likely that you will have to pay your spouse alimony on a monthly basis. The amount and the length of these spousal support payments, however, will vary on a case to case basis. There are no alimony guidelines or alimony calculation formulas as is the case with child support issues. Instead, alimony laws in Florida indicate that a spouse must prove “need,” meaning that their income and award of assets is not sufficient to meet their reasonable monthly expenses and that the payor spouse has the ability to pay alimony. In addition, other alimony rules that the Florida family court will consider in determining if the payment of alimony to a wife or husband is justified and, if so, the amount of alimony that should be paid include: the standard of living during marriage, the length of marriage, the financial resources of both spouses, and the contributions of both spouses to the marriage.

      If you are facing a Florida divorce, and are worried about how much alimony you may have to pay your ex-spouse, contact the Miami divorce and alimony lawyers at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Family Lawyer

    • What Consultation Options Does Your Florida Family Law Office Provide

      Our Florida family law office conducts two types of paid consultations – abbreviated 30-minute consultations costing $150 for those with only a few legal questions or comprehensive 1 1/2 hour consultations costing $400 for those people that need more assistance in learning about their legal rights. With either the abbreviated or comprehensive consultation, our office is able to discuss the specific facts of your family law case including the different strategies for male and female clients; the likely results in any future dissolution of marriage (divorce) case, equitable distribution, child support, spousal support, time-sharing (child custody) or other case and the impact of certain situations including adultery, use of drugs or alcohol, or other indiscretions on the part of either family court litigant. Have you ever heard the phrase – you get what you pay for? Some Miami family law firms offer free consultations and you may be tempted to schedule an appointment with a Miami divorce attorney that offers free legal advice. The reality is that the way that family law lawyers earn a living is by charging for their advice and their time. So, if a family law attorney gives you for free what they normally charge for, that lawyer generally must make up the money they lost in some other way. Sometimes, that Dade County family lawyer may make up the lost revenue from a free consultation by charging a higher hourly rate once they are retained by a client. Other times, the Dade County divorce lawyer may make up the lost revenue from providing free legal advice by agreeing to take a case when the lawyer knows or should know that the client’s desired course of action is really not in their best legal interests or that their expectations are not realistic given the law or set of facts. In other situations, the free appointment by the Miami-Dade family law firm may be limited to the lawyer “selling” you on their services instead of listening to your problems and offering advice.

      When scheduling a consultation with a Miami family law attorney, you should ask:

      • How long has the attorney that I will meet with been practicing family law? Not, just how long they have been practicing law!
      • What percent of the attorney’s work is in the family law area?
      • If my case does not settle, how many trials has the lawyer conducted in my particular issue, i.e. property distribution, child support, child custody, domestic violence, etc?
      • Does the law firm have a trained collaborative family lawyer or mediator on staff?
      • How much time is allotted for my consultation?
      • Will my consultation be with a lawyer or a non-lawyer?
      • Will I be allowed to fully explain my problems?
      • Will the attorney offer me specific legal advice on how to resolve my issues?
      • Will the attorney tell me if it is not best for me to file an action or proceed in the manner that I intend to take?
      • Will my consultation be attorney-client privileged if I do not hire the attorney?
      • If I do not hire the attorney, is the opposing party free to consult with the attorney?

      When our law firm charges you for our initial consultations, you can be assured that you will leave the office with an understanding of Florida family law and how it applies to your specific set of facts. You can also be assured that the advice you receive at the consultation is based upon your best interests and not our need to recoup lost revenue from a free consultation.

      Another benefit to our law firm’s paid consultation is that all matters discussed are completely confidential and protected by the attorney-client privilege. At no time in the future would our office be permitted to consult with or represent the opposing party in a family law matter or to divulge your confidential information to anyone.

      Contact our Miami family law firm to learn how we can assist you and the truth about your legal options. Consultations are available in the Miami law office and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or Contact our Miami family law firm to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

  • Family Law

    • Should I Hire A Florida Family Lawyer For My Case If I Have A Child Support Hearing

      There is no requirement to hire a Miami family law attorney to represent you at a Florida child support hearing, but it may be in your best interest to do so. Though you have the option to represent yourself, a Florida child support attorney deals with cases like yours on a daily basis and will be able to attempt to get you fair child support payments. A Miami child support lawyer will be able to tell you about how much a court will likely order you to pay because he or she is familiar with the guidelines used to calculate child support payments. Additionally, the child support attorney knows case law that may be used in your favor if you are asking the court to deviate from the guidelines and allow you to pay less. There are many benefits associated with having the representation of an attorney that you may miss out on if you decide to represent yourself. The court will not treat you any differently or feel bad for you because you are representing yourself. A Miami child support attorney knows what to present to a judge as evidence so the judge may be inclined to allow you to pay less than what the guidelines suggest, something you would likely miss if you are representing yourself, so you may get stuck paying a higher amount.

      If you have an upcoming child support hearing or would like to know your rights as they relate to child support, contact our Miami child support attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood, and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reasons why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

  • Child Support

    • If I Want To Move Away From Florida With My Child After Or Upon Divorce, What Do I Need To Do?

      In Florida, if a parent wishes to move away or relocate with his or her minor child on a permanent basis for more than 60 consecutive days to a new residence 50 miles or more away from the current residence, the relocating parent must provide advance notice of the intent to relocate to the non-relocating parent who has a right to agree or contest the relocation. If the non-relocating parent files a notice that they intend to contest the relocation, the relocating parent must obtain the court’s permission in order to relocate. If a Florida parent relocates without providing proper notice or after a notice to contest the relocation has been filed, that parent may be sanctioned by the Family Court which could include an order compelling the return of the child and/or loss of custody rights. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Divorce

    • How Will My Property Be Divided After My Miami Divorce?

      Florida Statute Section 61.075, “Equitable distribution of marital assets and liabilities,” sets out how property will be divided after a Miami divorce. The statute says: “In a proceeding for dissolution of marriage, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors. ”What this means is that all property bought by one spouse before the marriage is considered nonmarital, and that spouse gets to keep it. All property bought during the marriage, however, is considered marital. Anything that is marital will be divided equally between the spouses during the divorce proceedings.

      If you are facing a Florida divorce, and would like to speak with one of our Miami equitable distribution attorneys about the division of marital property, contact Vari & Associates. Consultations are available in person in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

    • How To Plan To Co-Parent With A Difficult Spouse In Florida?

      Co-parenting isn’t easy, it takes time and effort, but in the end, it is beneficial to your children. The benefits your children will gain from your efforts to co-parent should always be kept in mind. It is not easy to forget the heartache and pain your ex may have caused you. It’s often very difficult to move on and allow your ex back into your life after your divorce, even if you do have children together. It may take time, but it is something that you have to do for the sake of your children. Especially right after a Florida divorce, it may be useful to remind yourself that even though your relationship has failed, you still have one very important thing tying you together, your children. The more you work together with your ex, for the best interest of your children, the more stable your life, and more importantly the lives of your children, will be. You want to collaborate with your ex and work with him or her to raise your children. Even though you may no longer be married, you want your children to see you as a unified front, one that above all else keeps their best interest at heart. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

    • Will My Spouse Get Half My Assets In A Divorce In Florida?

      Florida’s equitable distribution statute, Florida Statute 61.075, states that the starting presumption is that each spouse generally receives half of marital assets and half of the marital debts in a Florida divorce. The distribution can be adjusted, however. An adjustment will be deemed necessary after the financial situation of each spouse is taken into account. In other words, equitable distribution does not always mean equal distribution. The Florida statute provides that distribution of marital assets and liabilities should be presumed equal, unless there is justification for unequal distribution based on other factors which may be relevant.

      If you are facing a Florida divorce and are worried about what is going to happen with your assets, it is in your best interest to obtain legal representation from an experienced Miami division of property attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Family Law

    • How Quickly Can I Schedule An Appointment With Your Miami Law Firm?

      Our Miami family law office conducts initial consultations on a daily basis. Our initial consultations for family law clients generally last 1 1/2 hours and are a detailed analysis of the facts of your case, the Florida laws applicable to your situation, our suggestions for how to proceed with your case and an initial estimate of the costs of your case. During the initial consultation, a confidential attorney-client relationship will be formed and the client is free to discuss all aspects of their marital or non-marital relationship and financial situation including income and assets. Our family law firm also conducts abbreviated 30 minute telephone or in person appointments at a reduced fee from our regular consultation rates. The abbreviated 30 minute consultations are appropriate only when a client has a limited number of issues to discuss. Everything discussed during the abbreviated consultation will remain confidential under the attorney-client privilege. The abbreviated consultations can generally take place on the same day that you contact the office provided that the applicable fees can be paid by cash, a credit or debit card.

      Consultations are available in person Miami and in several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone or via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Back to FAQs

  • Divorce

    • Will My Spouse Have To Pay For Marital Debts In A Florida Divorce?

      Florida’s equitable distribution statute, Florida Statute 61.075, states that the starting presumption is that each spouse generally receives half of marital assets and half of the marital debts in the event of a Florida divorce. The distribution can be adjusted, however. An adjustment will be deemed necessary after the financial situation of each spouse is taken into account. In other words, equitable distribution does not always mean equal distribution. The Florida statute provides that distribution of marital assets and liabilities should be presumed equal, unless there is justification for unequal distribution based on other factors which may be relevant.

      If you are facing a Florida divorce and are concerned that you’ll get stuck paying for all the marital debt, contact Vari & Associates to speak with one of our experienced marital debt attorneys. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

    • How Long Will It Take For Me To Get Divorce In Florida?

      In short, the answer is there is no average time. Florida divorce law permits quick divorces in some circumstances. There is a waiting period in Florida of at least 20 days from the date of the filing of the Petition for Dissolution of Marriage before the Florida Divorce Decree may be entered by the Family Court judge. However, these divorces involve couples that have already worked out all of their issues and only need the Final Judgment entered so as to end their marriage. If the spouses do not agree on the issues, such as time-sharing, property division, alimony, and child support the process will take much longer. In all Florida family law cases the court will require that the couple first go to mediation to try to settle as many issues as possible before the case goes to trial. The more fighting there is between the spouses the longer the divorce process will take. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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    • Do I Need A Lawyer For A Non-Contested Divorce In Florida?

      Uncontested divorces are the most affordable way to obtain a divorce in Florida. An uncontested divorce can result from negotiations and settlement or from a settlement through the mediation or Collaborative Family Law process. Nevertheless, Florida uncontested divorces still require the filing of the proper divorce records including the Petition for Dissolution, Answer, Waivers, a Marriage Agreement Contract outlining the spouses’ agreement and the Judgment of Divorce, which are complicated documents that you may want a Miami divorce lawyer to review. Thereafter, a hearing will be held to finalize the divorce and related issues wherein the Family Court Judge will require proof that the Marital Settlement Agreement is fair and that the mandatory jurisdictional requirements have been met, things that a Miami divorce attorney will be able to help a client with.

      If you are facing a Florida divorce, whether contested or uncontested, and would like to be represented by an experienced Miami divorce attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Prenuptial and Postnuptial Agreements

    • Do I Need A Lawyer For A Florida Domestic Partnership Agreement?

      A Florida domestic partnership agreement is a legally binding document. This means that before signing you are going to want to make sure that the terms of the agreement are fair and something you can live with, because in the event of a split, the court will likely follow the terms of the agreement. In order to protect yourself as best as you can, it is advisable that you hire a Miami domestic partnership attorney to draft the document for you, or if you already have a document, to review it, before you sign anything. Though you do not need a Miami domestic partnership lawyer to assist you with your Florida domestic partnership agreement, you should think about what you may be giving up by choosing not to hire an attorney in this situation. You do not want to look back once your relationship has ended and regret your decision not to seek the help of an attorney for your Florida domestic partnership agreement.

      If you are considering entering into a domestic partnership agreement and would like to be represented by an experienced Miami domestic partnership attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Divorce

    • Do I Need A Lawyer For A Divorce In Florida?

      No, you do not need an attorney in order to get a divorce in Florida. It is an established rule that you have the right to represent yourself in a court of law. However, many people do not understand that choosing to represent yourself means that the Court will expect you to follow the same rules and procedures that an experienced Miami divorce attorney must follow. Florida laws and rules can be complex and oftentimes confusing if you do not have background or training in the law. In addition, there are often crucial issues at stake such as division of property; debts; and the custody, visitation and support of children. For these reasons, it is always best to consult with a Miami family law attorney and hire this attorney to represent you in your case. Though you may think you are saving money by representing yourself, the outcome of the case may not turn out as you wanted because of your limited legal knowledge. Hiring a Miami family law attorney is the only way you can be sure that the outcome will be the best possible scenario for you. If you cannot afford an attorney, you may want to contact your local legal services provider or Florida Bar Association to inquire about free or discounted legal representation.

      If you are facing a Florida divorce, and would like to be represented by an experienced Miami divorce attorney, contact the Miami office of Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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    • How Can Hidden Assets Affect My Divorce In Florida?

      In a Florida divorce, it is possible to re-open a judgment if you believe your spouse hid assets from you and did not entirely disclose his or her financial picture. During a divorce, both parties are required to disclose their assets and liabilities through what is known as mandatory disclosure. Part of mandatory disclosure is a financial affidavit in which each party swears under the penalties of perjury that they are giving an honest assessment of their financial standing. If it can be proved later that a spouse intentionally did not report an asset or intentionally misrepresented the value of an asset in the affidavit, these may be grounds to re-open the final judgment and adjust the equitable distribution scheme. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Family Law

    • How Can A Spouse Or Minor Child Have Their Name Changed In Florida?

      In Florida, a woman who has assumed the last name of her husband upon marriage can have her last name changed back to her maiden name as part of the Dissolution of Marriage (divorce) proceeding. This is a very easy process to complete. If both parents of a minor child agree to change the name of the minor child, a Petition for Change of Name must be submitted to the Family Court along with the written agreement of the parents. The Family Court judge will then sign a Final Judgment of Change of Name.

      If one parent objects to changing the name of a minor child, the Family Court judge will conduct a hearing on the request and determine if it is in the minor child’s best interest to have their name formally changed to the name proposed by the petitioner.

      Our office accepts Florida family law cases including dissolution of marriage (divorce), equitable distribution, spousal support, alimony, paternity, child support, time-sharing (child custody), juvenile law cases, and related matters in Miami-Dade County, Broward County and Monroe County. Our law firm accepts Florida family law cases from other counties on a case-by-case basis.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

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  • Divorce

    • How Are Social Media, Email, Text, And Other Electronic Evidence Used In Divorce Or Custody Case In Florida Family Court?

      Florida is a no-fault divorce state, meaning that even if your ex-spouse found incriminating evidence in your social media posts, emails, or text messages it will not be used against you as evidence for the divorce to be finalized. The evidence can be used adversely against you when the court is deciding child custody and support. Pictures that are inappropriate may be used in court to demonstrate that the parent’s behavior is not in accordance with the child’s best interest, and can affect the child custody agreement. Additionally, posting pictures of frivolous spending on social media can be used to illustrate that the parent has some kind of funds to pay for child support and can even affect the equitable distribution of the assets and liabilities by showing that you have been using the marital assets inappropriately prior to the division of the assets. Even though the posts will not be allowed to be used unless they are to illustrate a legal point, it is still wise to think twice as to what you want to post on social media. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Child Custody

    • Does A Mother Always Get Primary Custody In Florida?

      No, a Miami mother does not always get primary custody of her children in Florida. The Miami-Dade family court can decide to award equal time-sharing to both parents, or can make one parent the primary custodial parent and give the other parent visitation rights, depending on what the court determines is in the best interest of the child or children. Florida laws go far in protecting the rights of the minor children to have a healthy relationship with both their mother and their father. Early custody laws primarily favored the father and then later changed to primarily favoring the mother. Under current Florida law, there are no presumptions in favor of either parent with regard to custody and time-sharing rights; both parents stand on equal footing, and a parenting plan is devised solely on the basis of what type of schedule works best for the children. If you are facing a Miami-Dade child custody dispute and would like to be represented by an experienced Miami child custody attorney, contact Vari & Associates. We will work to help you obtain a fair Florida time-sharing schedule.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Divorce

    • Do You Need A Lawyer For Divorce Mediation In Florida?

      No, you do not need a lawyer to represent you at a divorce mediation in Florida. It is advisable, however, to have an experienced Miami divorce lawyer present at the mediation with you because the end result of the mediation could be a binding and enforceable legal contract.In Miami-Dade County, an administrative rule from the Family Court requires mandatory mediation before a Dade County Family Court judge will issue a trial date for disputed family law issues. Most Miami family law mediation cases therefore arise after one party has filed a family court legal action. Since it is a mandatory part of the divorce process in Miami, it is advisable that you hire a lawyer to represent you at mediation. Though not required, as previously mentioned, if the other party has hired a lawyer, you will be a significant disadvantage at the mediation without one, at times maybe even feeling bullied into signing an agreement. You need to keep in mind that if you are able to reach an agreement at mediation, that agreement will be binding so it is probably in your best interest to have an experienced Miami divorce attorney at the mediation with you.

      If you are in Florida divorce proceedings, and have been ordered by the court to attend divorce mediation, and would like to be represented by an experienced Miami divorce attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Family Law

    • Do I Need To Hire A Florida Family Law Lawyer?

      It is not advisable for any person to complete paperwork to file a Petition for Dissolution of Marriage in Florida without having a detailed consultation beforehand with a family law attorney to discuss the ramifications of such action. There are companies and even law firms that offer low-cost paperwork for a person to file their own paperwork. Once again, this is not advisable since a spouse may lose certain rights if the Petition does not raise all claims between the parties or if the Final Judgment does not appropriately resolve all family law issues. A person should also consult with a Florida family law attorney prior to vacating the marital home or moving away from the residence where the children live. In addition, a person should also seek advice from a Florida family law lawyer if they are served with any type of family law action that is filed by the other party. Once again, important legal rights may be adversely impacted if you do not take immediate action.

      If you cannot financially afford to pay for a consultation, we suggest that you review the information in this website to obtain a general understanding of family law topics and contact the Legal Aid Society located in your county to determine if you are eligible for free services.

      Our Miami law office accepts Florida family law cases including dissolution of marriage (divorce), equitable distribution, spousal support, alimony, paternity, child support, time-sharing (child custody), juvenile law cases, and related matters in Miami-Dade County, Broward County and Monroe County. Our law firm accepts Florida family law cases from other counties on a case-by-case basis.

      Email our Miami family law lawyers or telephone us at (412) 231-9786">(412) 231-9786 to learn how we can help you resolve your Florida divorce, equitable distribution, child support, time-sharing (child custody) or related matter.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

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  • Divorce

    • Do I Need To Go To A Parenting Class As A Part Of My Florida Divorce?

      If you are going through a dissolution of marriage and you have minor children, Florida law requires you to complete an approved 4-hour Parent Education and Family Stabilization course. This course is designed to educate, train and assist parents in ways to minimize the emotional impact on you and your children. Each parent must independently take and complete the course before the Miami-Dade Family Court will grant the dissolution of marriage. If you are facing a Florida divorce or already in the divorce process, and would like to be represented by an experienced Miami divorce attorney, the Miami divorce attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Prenuptial and Postnuptial Agreements

    • Do I Need A Prenuptial Agreement Before I Get Married And Are They Really Enforceable In Florida?

      A prenuptial agreement is a contract entered into by a man and woman in anticipation of their marriage. The premarital contracts formed through these agreements usually outline the division of assets and debts and form and amount of support, if any, that each party will be entitled to in the event of divorce or death. Prenuptial agreements can be binding on issues of the division of property, spousal support and alimony; however, prenuptial agreements are generally not binding on issues of child custody and, on occasion, child support. In Florida, Marriage Settlement Agreements as well as prenuptial and postnuptial agreements are considered the same as any other contract parties may enter into and, therefore, are presumed to be valid and enforceable. This presumption can be overcome only if evidence is presented by the spouse seeking to set aside the agreement that the agreement was entered into under fraud, deceit, duress, coercion, misrepresentation, or overreaching or that there was not a full and fair disclosure of assets and liabilities of each spouse at the time of the agreement, and a waiver of the disclosure was not included in the agreement. Florida has adopted the Uniform Premarital Agreement Act to specifically address issues involving interpretation and enforcement of prenuptial agreements. Spouses and future spouses should be aware that marriage settlement, premarital and postnuptial agreements are valid and enforceable even if one spouse or prospective spouse does not retain an attorney to review the agreement before they sign the agreement. If you are considering a prenuptial agreement in Florida, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Divorce

    • Will I Be Taxed For Money Or Property I Receive In A PA Divorce?

      Yes, in some circumstances. Please see our article in the News & Articles section of this website regarding the tax consequences of child and spousal support, alimony pendente lite (APL), alimony, and equitable distribution orders. In 2017, changes to taxation of alimony has been enacted by the federal government that is expected to change the rules. Please contact your CPA or tax advisor for additional information.

  • Payment

    • What Types Of Payment Does Your Office Accept?

      Our PA family law office accepts payment by cash, check, money order, certified check, American Express, MasterCard, Visa, Discover, debit card and wire transfer. Payments by personal check must be received at least three days in advance of any work being performed by the office if the check is drawn on a local bank or at least five days in advance of any work being performed if the check is drawn on an out-of-state bank.

      Contact our Pittsburgh law firm for your Pennsylvania family law case involving divorce, equitable distribution, spousal support, alimony pendente lite, alimony, paternity and child support matters, child custody cases, juvenile law cases, and related matters.

  • Child Custody

    • Do I Need A Lawyer To Modify A Child Custody Arrangement In Florida?

      There is no requirement to hire an attorney to represent you at a Florida child custody hearing, but you may want to hire an attorney because it may be in your best interest to do so. Though you have the option to represent yourself, a Miami child custody attorney deals with cases like yours on a daily basis and will be able to attempt to get your Florida time-sharing arrangement modified. In Florida, if the Court has entered a Final Judgment regarding child custody, and a party seeks changes to the time-sharing decision agreement, that party must file a Petition for Modification. In its original child custody determinations, based upon what if found to be in the best interest of the child. This means that in order to prevail in a modification action, the party seeking modification has the “extraordinary burden” of proving a “substantial change in circumstances” occurred since the previous Final Judgment that warrants modification. Florida courts have defined a substantial change in circumstances to be one that is substantial, material, unanticipated at the time of the Final Judgment, and permanent in nature. The individual seeking modification must prove all these elements, something which is far from easy, in order for the Court to modify the order. Hiring an experienced Miami child custody attorney is your best chance at having your Florida time-sharing arrangement modified because they attempt to gather evidence a judge may see as sufficient to warrant a modification.

      If you are seeking to modify your Florida child custody payments and would like to be represented by an experienced Miami child custody attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Child Support

    • Do I Need A Lawyer To File For Child Support In Florida?

      There is no requirement for an individual to hire a lawyer to file for child support in Florida. A person has the right to self-representation in court, and that right remains the same in all Florida family law proceedings. In Florida, child support rules indicate that both parents are expected to contribute to support their minor children. The amount of child support payments that a parent is obligated to pay to the other parent depends on the parent’s net incomes or earning capacities of the parties. Specific Florida child support calculator programs are utilized by the child support agency and court to determine the income of each parent for child support purposes. Though not required, hiring a Miami child support attorney to represent you, will allow you to go into the case somewhat knowing what to except. A Miami child support lawyer has access to the Florida Child Support Guidelines and can give you an estimate of how much money you will either likely have to pay, or likely receive each month for your child, so in court you will not be totally shocked when the judge makes his or her decision. If you are facing a Florida child custody dispute and would like to be represented by an experienced Miami child custody attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Divorce

    • What Should I Do If Served With A PA Divorce Complaint?

      Generally speaking, PA divorce complaints are served upon the defendant in a divorce action by the post office delivering a certified mail letter and requesting the defendant to sign the green certificate of service or by regular mail accompanied by an Acceptance of Service form to be signed and returned to the attorney for the plaintiff. In either case, signing the certified mail form or completing the Affidavit of Service generally only signifies that the defendant has received a copy of the Divorce Complaint, not that the defendant agrees with the statements in the Divorce Complaint or wishes to be divorced. If the defendant is represented by an attorney, the defendant’s attorney can accept service of the Divorce Complaint on behalf of the defendant.

      If you are served with a Pennsylvania divorce complaint, you should immediately contact a Pennsylvania divorce attorney. If you do not respond to the Pennsylvania divorce complaint, a divorce decree may be entered even without your consent and your legal rights including the right to support or division of marital assets and debts may be waived.

    • What Should I Do If I Can’t Afford A PA Divorce Attorney?

      There are a few legal resources for individuals who are low income and have family law problems in the Pittsburgh and Allegheny County, PA areas. These resources include:

      YWCA Legal Resources for Women – 412-281-4942

      Services include Reduced Rate Attorneys for women who have divorce, custody, and/or support matters; referral law line services provides a list of attorneys who have agreed to give a free initial consultation to people with legal questions; Individual Legal Consultation – women may speak with the Director of LRW, a licensed attorney, to ask general legal questions. LRW also holds regular seminars addressing different legal topics. Services include: juvenile, adoption, immigration, wills & trusts, divorce/custody/support, employment discrimination, and more.

      Neighborhood Legal Services – 412-255-6700

      Neighborhood Legal Services provides legal support for low-income persons. They also hold a monthly family law clinic at which clients can consult with a volunteer and staff attorneys on family law issues.

      Allegheny County Bar Association Indigent Divorce Program – 412-402-6714

      This program provides legal representation to low income parties to simple (one count with no property or support issues, no alimony, custody, or PFAs) divorce cases. Support and custody workshops are offered on a regular basis.

      Family Law Section Pro Se Pro Bono Project – 412-350-0237

      Assists low income unrepresented applicants in the preparation of motions to be presented to a Family Court Judge.

      Low Income Family Law Assistance in Armstrong, Indiana and Westmoreland Counties

      Laurel Legal Services – 724-836-2211

      Low Income Family Law Assistance in Beaver, Butler and Lawrence Counties

      Neighborhood Legal Services – 724-282-3888

      Low Income Family Law Assistance in Washington, Greene, Fayette and Somerset Counties

      Southwestern PA Legal Services – 724-225-6170

  • Domestic Violence

    • Do I Need A Lawyer To File A Temporary Restraining Order In Florida?

      Though you have the right to represent yourself in any Florida family law proceeding, we do not recommend that a victim of domestic violence in Florida choose this option. In many cases domestic violence makes the victim submissive to the attacker, so an experienced Miami family lawyer would allow the victim to feel more in control of the situation. A Miami domestic violence attorney would work with the client to file a temporary restraining order and attempt to get a domestic violence judge to issue temporary orders not only for possession of your home, but also for child custody, child support and spousal support. You should be prepared immediately for your long term future as these temporary orders really can have a long lasting impact of the rest of your case. After a period of time these temporary orders may be made permanent by a Miami-Dade domestic violence judge.If you are the victim of domestic violence including spousal abuse or if your child has suffered child abuse, you should speak with a Miami domestic violence lawyer for a consultation on how to legally move forward and begin rebuilding your life. When your family law case begins without warning because of the hurtful actions of another, you need comprehensive family law advice, not just someone who will provide you with a short-term solution to this very serious problem. There are many great resources to help you in the short-term such as free volunteer attorneys, but you need long-term solutions from an experienced Miami family lawyer. If you have been the victim of domestic violence and would like to know what your options are and how to file a temporary restraining order, contact the Miami domestic violence lawyers at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation. When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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    • What Should I Do If I Am The Victim Of Domestic Violence In Allegheny County?

      If you are the victim of spousal abuse, you should immediately contact your local police department and file a police report. The police will be able to provide you with instructions on how to obtain an Emergency Protection from Abuse (PFA) order. You may also wish to consult with a domestic abuse shelter or crisis hotline. Their numbers can be found in the Yellow Pages of your telephone directory or as listed below:

      Western Pennsylvania Domestic Violence Shelters and Referral Sources

      • Pennsylvania Coalition Against Domestic Violence – 1(800) 932-4632
      • Alle-Kiski Area HOPE Center located in Tarentum, Pennsylvania – 1(888) 299-4673
      • Crisis Center North located in Allison Park, Pennsylvania – (412) 364-5556
      • Helping Abuse Victims in Need (HAVIN) located in Kittanning, Pennsylvania – 1(800) 841-8881 or (724) 548-8888
      • Washington Women’s Shelter located in Washington, Pennsylvania – 1(800) 791-4000 or (724) 223-9190
      • Womansplace located in McKeesport, Pennsylvania – (412) 678-4616
      • Women’s Center and Shelter of Greater Pittsburgh – (412) 687-8005
      • Women’s Center of Beaver County located in Beaver, Pennsylvania – (724) 775-0131
      • Women’s Services of Westmoreland County located in Greensburg, Pennsylvania – (724) 836-1122
      • Women’s Shelter Rape Crisis Center of Lawrence County located in New Castle, Pennsylvania – (724) 652-9036

      Our Allegheny County domestic violence lawyers

      If you are the victim of domestic violence including spousal abuse or if your child has suffered child abuse, contact our Allegheny County domestic violence lawyers for a consultation on how to legally move forward and begin rebuilding your life. When your family law case begins without warning because of the hurtful actions of another, you need comprehensive family law advice, not just someone who will put a band-aid on the immediate problem. There are many great resources to help you in the short-term such as free volunteer attorneys, but you need long-term solutions from an experienced family lawyer! The domestic violence judge may issue temporary orders not only for possession of your home, but also for child custody, child support and spousal support. You should be prepared immediately for your long term future as these temporary orders really can have a long lasting impact of the rest of your case.

      Disclaimer

      The statements in this section are based on Pennsylvania law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

  • Equitable Distribution

    • What Is Equitable Distribution Under PA Laws?

      Equitable distribution is the legal term for division of marital assets and marital debts as part of a Pennsylvania divorce action. In Pennsylvania, marital assets and debts are those assets or debts acquired from the date of marriage to the date of separation except those assets and debts that are excluded by a prenuptial or post-nuptial agreement or because they were acquired by gift from someone other than the spouse or through inheritance.

      Our Pittsburgh equitable distribution lawyers are experienced in analyzing the financial issues in a divorce case. Our job includes determining whether assets and debts are marital or not, valuation of marital assets and assisting clients with obtaining a fair division of their marital property and debts. Our Senior Associate is an accountant and very skilled at assisting clients with complex financial issues in divorce and support including income calculations, tax considerations and valuation issues involving marital businesses and property.

  • Domestic Violence

    • Do I Need A Lawyer For My Domestic Violence Case In Florida?

      Though you have the right to represent yourself in any Florida family law proceeding, we do not recommend that a victim of domestic violence in Florida choose this option. In many cases domestic violence makes the victim submissive to the attacker, so an experienced Miami family lawyer would allow the victim to feel more in control of the situation. A Miami domestic violence attorney would work with the client to file a temporary restraining order and attempt to get a domestic violence judge to issue temporary orders not only for possession of your home, but also for child custody, child support and spousal support. You should be prepared immediately for your long term future as these temporary orders really can have a long lasting impact of the rest of your case.If you are the victim of domestic violence including spousal abuse or if your child has suffered child abuse, you should speak with a Miami domestic violence lawyer for a consultation on how to legally move forward and begin rebuilding your life. When your family law case begins without warning because of the hurtful actions of another, you need comprehensive family law advice, not just someone who will provide you with a short-term solution to this very serious problem. There are many great resources to help you in the short-term such as free volunteer attorneys, but you need long-term solutions from an experienced Miami family lawyer.

      If you have been the victim of domestic violence and would like to know what your options are and how to keep your children and yourself safe, contact the Miami domestic violence lawyers at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation. options.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Family Lawyer

    • What Is A PA Family Law Attorney?

      A family law attorney is an attorney that accepts cases involving divorce, equitable distribution, paternity and child support issues, spousal support, alimony pendente lite, alimony, child custody, protection from abuse, juvenile dependency and delinquency, step-parent adoption and related issues. All attorneys who have passed a state’s bar exam are licensed to accept family law cases; however, not every attorney has the same level of experience in handling family law matters. For many attorneys, family law cases compromise only a portion of the cases they accept and work they perform. You may wish to think twice before allowing your future to be handled by someone who works only part-time in the family law field.

      Think of it this way, would you want to go to a general practice, family doctor for bypass heart surgery? Your financial future and your future relationship with your children are at stake in a family law case. Don’t put your future in the hands of a general practice attorney who doesn’t focus on family law issues. Our office dedicates 100% of our careers and time to protecting our clients and their children in family court issues. Contact our Pennsylvania family law attorneys for your legal needs today!

    • What Are The Costs For Retaining A PA Family Lawyer?

      A retainer is a lump sum of money paid by a client for work that will be performed on an ongoing basis after the initial consultation is conducted. The amount of the initial retainer may or may not cover the entire costs of a client’s legal fees. It is virtually impossible to determine in advance the total cost for lawyers’ fees in a family law case. However, factors which influence the total cost of legal fees include the issues involved, complexity of the issues, and whether the case can be resolved by agreement or litigation is involved.

      In most cases, there is no requirement for the opposing party to pay the other spouse’s retainer for their attorney fees. However, if a Divorce Complaint has been filed and there are liquid assets available to the spouses, a judge may enter an award of temporary counsel fees if a motion is presented requesting them. Another alternative may be to request an interim award of attorneys’ fees as part of an alimony pendente lite action.

      Our Pittsburgh family law lawyers will discuss with you the terms of retaining our office along with a game plan for your future including an estimate of how long it will take to conclude your matters and how much it will cost in legal fees. Contact our experienced PA divorce lawyers for the piece of mind you need to move forward with your life.

  • Child Support

    • Can I File An Emergency Motion For Child Support Modification In Florida?

      In order to file a motion or child support modification, the individual seeking the modification needs to fill out The Florida Supreme Court Approved Family Law Form 12.905(b), “Supplemental Petition for Modification of Child Support.” This form should be used when you are asking the Miami-Dade family court to change a current court-ordered child support obligation. The court can change a child support order or judgment if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests. You must serve notice of this filing to the other parent, and that parent has 20 days to respond. After that 20 day period, you will know if your case will be proceeding to trial. In the meantime, however, you must keep paying your child support obligation. If you stop making these payments, the court will likely just order you to pay it in the future, so it is in your best interest to keep paying the original child support payments to your best ability until you are told by the court that you may pay less each month. If you have an order to pay child support and would like to modify the payment amount, contact our Miami child support attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area.

      Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Divorce

    • Can Either Spouse Prevent The Entry Of A Divorce Decree?

      Generally speaking, the petitioner in a Dissolution of Marriage petition will indicate that the marriage is irretrievably broken. The respondent in the Petition for Dissolution of Marriage has the right to dispute that the marriage is irretrievably broken and can request that the family court order the parties to marriage counseling. If marriage counseling does not reunite the parties, the respondent can nevertheless still allege that the marriage is not over and request a hearing on the issue. This step is rarely if ever taken and hearings on whether the marriage is irretrievably broken are few and far between given the costs and emotional issues involved in such a proceeding. Instead, once a Petition is filed the parties usually accept that it signals the end of their marriage and focus their efforts on the financial issues between them such as support and property division as well as any time-sharing (child custody) issues.

      Our office accepts Florida family law cases including dissolution of marriage (divorce), equitable distribution, spousal support, alimony, paternity, child support, time-sharing (child custody), juvenile law cases, and related matters in Miami-Dade County, Broward County and Monroe County. Our law firm accepts Florida family law cases from other counties on a case-by-case basis.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

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    • Can Either Spouse Contest Or Prevent The Entry Of A Florida Divorce Decree?

      No. Since 1980, all Pennsylvania counties including, but not limited to, Allegheny, Beaver, Washington and Westmoreland Counties in Western Pennsylvania have adopted no-fault grounds for divorce. Pennsylvania no-fault divorces can be finalized anytime after ninety days has expired after the date the Pennsylvania divorce complaint is filed with the court and served upon the defendant if both spouses will sign documents called Affidavits of Consent which indicate their consent to the entry of the Pennsylvania divorce decree. In PA, if either spouse refuses to sign the Affidavit of Consent, a divorce decree cannot be entered until two years have expired from the spouses’ date of separation. In most cases, fault based grounds, even if they exist, are not pursued. Fault based grounds for Pennsylvania divorces are generally based upon adultery or abandonment of the marriage without just cause.

      However, there are some situations when adultery or fault may be used a defense to the payment of money to a spouse. A spouse may loose their entitled to spousal support where a divorce complaint has not yet been filed and may also loose their entitled to alimony if they have committed adultery or another of the traditional fault based defenses.

      Contact our Pittsburgh divorce lawyers if you are considering a separation from your spouse or filing for divorce. Don’t trust the advice of your friends or family, get experienced legal advice prior to making life-changing decisions.

      Disclaimer

      The statements in this section are based on Pennsylvania law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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    • Can A Spouse Be Prevented From Entering The Marital Home In Florida?

      In Florida, if either spouse is locked out of the house without an appropriate judgment ordering the same, the spouse locked out can take action to regain entry to the marital property. Generally speaking, forcing your way back into the home is not advised and could lead to a domestic violence petition being filed by the other party. Instead, it is advisable to speak with a Florida divorce attorney and negotiate with the other spouse and/or his or her lawyer regarding which spouse will continue to occupy the residence during the separation or dissolution process rather than face the potential for eviction from the residence through a judgment by court order.

      A word of warning! Vacating the residence prior to consulting with your Florida family law lawyer is not advisable as vacating the residence may have an impact upon time-sharing (child custody) and child or spousal support. Please consult with a Florida family law attorney prior to moving out of a residence that you occupy with the other parent and your children.

      Email our Miami family lawyers today to learn how we can assist you with your Florida divorce, equitable distribution, time-sharing (child custody), child support, spousal support or related family law issue. Or, telephone us at (412) 231-9786.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Brickell Avenue in downtown Miami, Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

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  • Child Custody

    • Can A Grandparent Get Custody Of His Or Her Grandchild In Florida?

      There are limited circumstances where grandparents may have the right to pursue custody actions such as when they have been raising their minor children. Grandparents may also be able to intervene in child dependency actions and ask that they be named as a placement option for their grandchildren in lieu of being placed with a non-relative. In certain circumstances, grandparents may also be able to adopt their minor grandchildren when one or both parents are deceased or otherwise unable to parent the children.

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    • Can A Father Get Joint Custody In Florida?

      Yes, a Florida father is entitled to joint custody of his children. A court can decide to award equal time-sharing to both parents, or can make one parent the primary custodial parent and give the other parent visitation rights, depending on what the court determines is in the best interest of the child. Florida laws go far in protecting the rights of the minor children to have a healthy relationship with both their father and mother. Early custody laws primarily favored the father and then later changed to primarily favoring the mother. The good news for Florida’s fathers and children is that, currently under Florida law, there are no presumptions in favor of either parent with regard to custody and time-sharing rights; both parents stand on equal footing, and a parenting plan is devised solely on the basis of what type of schedule works best for the children.

      However, a Florida father must take affirmative action if his rights are to be protected under Florida law. If a Florida father chooses to do nothing to protect his rights to his children and his right to a solid financial future after divorce or separation from the other parent, then the Florida father cannot expect to have any sort of custody or visitation with the child.

      If you are a father facing a Miami-Dade child custody dispute and would like to be represented by an experienced Miami child custody attorney, contact the Miami office of Vari & Associates. We will work to make sure your parental rights are not ignored and help you obtain a fair Florida time-sharing schedule.

      Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation. Click here to learn about your consultation options.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Divorce

    • Bal Harbour Divorce Lawyers

      Family Law Lawyers In Bal Harbour And Bay Harbor Islands

      The Bal Harbour divorce lawyers and Bay Harbor Islands divorce lawyers at Vari & Associates are committed to providing focused and well-informed family law services. Without the right representation, your rights to your money and your children may be at stake. We understand the financial complexities that often arise in divorce and pride ourselves on being well-versed in this area. Whatever your family law needs may be, with Vari & Associates on your side, you can rest assured that you are receiving thorough, intelligent representation. Contact us today to find out how we may serve you at (412) 231-9786.

      Email our Miami family lawyers today to learn how we can assist you with your Florida divorce, equitable distribution, time-sharing (child custody), child support, spousal support or related family law issue. Or, telephone us at (412) 231-9786.

      Consultations are available in person in Miami and at several meeting locations throughout Dade and Broward Counties Lincoln Road in Miami Beach, West Country Club Drive in Aventura and Hollywood Boulevard in Hollywood. Appointments are also available by telephone and via Skype internet video chat.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

    • Aventura Divorce Lawyers

      If you are looking for a lawyer for divorce in Aventura, Florida please know that the attorneys at Vari & Associates are here to serve you. Going through a divorce in Florida can be emotionally and financially draining without the right family law attorneys on your side. Our Aventura family law lawyers will walk you through this difficult time and fight for you in all family law matters. With one of our Aventura divorce attorneys on your side, you can be confident that you are receiving comprehensive and knowledgeable representation. Contact us today at (412) 231-9786 to discover how our Aventura family law attorneys may serve you.

      Email our Miami family lawyers today to learn how we can assist you with your Florida divorce, equitable distribution, time-sharing (child custody), child support, spousal support or related family law issue. Or, telephone us at (412) 231-9786.

      Consultations are available in person in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura and Hollywood Boulevard in Hollywood. Appointments are also available by telephone and via Skype internet video chat.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

  • Adoption

    • Do I Need A Lawyer For A Step-Parent Adoption In Florida?

      Although a Miami-Dade County stepparent adoption is a less complex process than an adoption involving unrelated parties, it still requires you to appear at an adoption hearing, and file petitions with the court. If the necessary provisions are not included in the petition or discussed in the hearing, then the adoption will not be allowed to proceed. Similar to any other Florida adoption, a stepparent adoption requires the termination of one parent’s parental rights, which could potentially require a second hearing if the parent terminating rights does not consent. Additionally, Florida has specific notice requirements with you must comply that could result in a hold-up of the proceedings, or lead the court to deny the adoption if not completed properly. Though the process is somewhat simpler, it is still in the best interest of the adopting parents to hire an experienced Miami adoption attorney to review all documentation and appear at hearings with them, this will provide the prospective parents with peace of mind and help the process be as stress free as possible for them.

      A Miami adoption lawyer will also explain to you the consequences of filing for a stepparent adoption. For example, the spouse of a divorced parent is not generally liable for child support payments if the marriage falls apart. However, once a stepparent adoption occurs, then you can be liable for child support payments. You also become eligible for custody and visitation rights.

      You should never make such a large legal decision without consulting a Miami adoption attorney, who will be able to explain the steps and consequences of undertaking a stepparent adoption. Our Miami adoption attorneys have the experience and knowledge to make the process comprehensible and efficient.

      If you are considering adopting your step-child and would like to be represented by an experienced Miami adoption attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786">(412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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  • Divorce

    • Can I File For Legal Separation From My Spouse In Florida

      In short, the answer is no. You cannot file for legal separation from your Miami spouse. Florida divorce law does not have a formal process providing for a legal separation of spouses. In fact, Florida family law does not even utilize the term “legal separation” in Florida divorce cases. Some clients ask about preventing divorce and if Florida law has a mechanism to stop a divorce decree from being entered by the Miami-Dade family court. Here, again, the answer is no. If either spouse wishes to be divorced, there is no way to prevent the divorce decree from being entered by the family court.

      If you are facing the end of a relationship in Florida, and would like to know what your legal options are, contact the Miami family law office of Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (412) 231-9786 or send us an email to schedule a consultation.

      When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

      Disclaimer

      The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

      Back to FAQs

  • Family Law