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A Compassionate Family Law Attorney to Support You In Miami-Dade and Broward County

At Capizzi Legal, we recognize the emotional difficulties that accompany a divorce.  Our Miami-Dade and Broward County divorce attorney is equipped with extensive experience that will assist you throughout the process and helps you safeguard your interest.  We will collaboratively address matters related to asset distribution, spousal support, and child-related issues.

What is a Florida Divorce?

Although most people think of the term “Divorce,” Florida uses the term “Dissolution of Marriage,” to describe the termination of a legal marriage. In the Divorce case, the judge can typically deal with all of the issues related to custody, timesharing, child support, alimony, and equitable distribution. If you find yourself facing the possibility of divorce, it is important to obtain competent legal advice.

Florida is a no-fault divorce state, which means that there is no need to blame the other party for the break-up of the marriage. There are two grounds for a Florida divorce:

  1. the marriage is irretrievably broken
  2. one of the parties has been judged mentally incapacitated

One of the parties must be a Florida resident for more than six months preceding the filing of the petition for dissolution of marriage in order to be able to file for divorce.

Each party must be prepared to disclose their financial information so that the court may dissolve the marriage, equitably divide the assets and liabilities, award alimony, child support, attorney’s fees, suit monies and/or costs.

If you have minor children, your final judgment of dissolution of marriage will include a time-sharing schedule, parenting plan, and whether you and your spouse will share parental responsibility of your children.

Capizzi Legal Provides Comprehensive Divorce Services

We offer thorough legal representation covering all facets of a Florida divorce. Our services encompass:

  • Equitable distribution of marital assets and liabilities
  • Alimony
  • Temporary relieve
  • Parenting plans and time sharing agreements
  • Calculation of child support
  • Drafting of marital settlement agreements (MSA)
  • Drafting and enforcement of prenuptial and postnuptial agreements
  • Attorney Fees and costs.

We are acutely aware of the challenges that divorce can pose for any children involved.  Recognizing that this process can be particularly challenging for them, our firm emphasizes the importance of minimizing litigation whenever feasible.  Nevertheless, our skilled attorneys are prepared to negotiate and litigate equitable parenting plans as necessary, always prioritizing the best interests of the children while ensuring meaningful time with both parents.

Establishing Long-Term Objectives

At Capizzi Legal, we understand that family law is not about winning or losing; it is about finding solutions that benefit all parties involved. Therefore, our firm is dedicated to assisting you in formulating long-term objectives during your dissolution process, focusing on the overall effects on your family’s welfare and financial stability rather than merely achieving a victory.

We collaborate closely with you to create customized strategies that reflect your specific circumstances and goals.

Questions About Your Florida Divorce

Do you want to talk about your case? Book a consultation with our attorney.  You wont regret it.  The moment you speak to our attorneys, you will notice the difference.  We are easy to understand, compassionate, honest and most of all we come from a background like yours.  But if you don’t have time to talk now, here are some commonly asked questions.

How will the Courts divide assets and liabilities in a divorce?

Florida operates under the principle of equitable distribution. In contrast to the limited number of states that split marital assets equally at a ratio of 50/50, Florida’s legal framework emphasizes fairness in the distribution process rather than strict equality. Here are the statutory factors Florida courts take into consideration when deciding how to split assets and liabilities:

  • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
  • The economic circumstances of the parties.
  • The duration of the marriage.
  • Any interruption of personal careers or educational opportunities of either party.
  • The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  • The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
  • The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
  • The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
  • The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
  • Any other factors necessary to do equity and justice between the parties.

A judge has the discretion to take into account all or only certain factors deemed pertinent to your case.  Divorcing couples have the option to negotiate the distribution of assets and liabilities without court intervention.

Our family law attorney is equipped to help you understand the likely division of marital assets and liabilities in your situation.  We will advocate for your interests in securing an equitable distribution.

What is a contested versus an uncontested divorce?

In uncontested divorce both spouses reach a mutual agreement on all aspects of the divorce, such as the division of assets, time sharing and child support, as well as spousal support.  Couples who can come to a consensus on these issues typically experience a more expedient and cost-effective process compared to a contested divorce

In contrast, a contested divorce arises when the spouses cannot agree on one or more aspects of the divorce, necessitating negotiation, mediation, or resolution through the court system.

How long does it take to get a divorce in Miami-Dade or Broward County?

The duration required to finalize a divorce in Miami-Dade or Broward County, Florida, is likely influenced by whether the divorce is contested or uncontested.  An uncontested divorce can be resolved in as little as six weeks. In contrast, a contested divorce may reach a resolution in as little as six months or can linger around for years.  It is all contingent upon the intricacies of the marital estate and other familial issues.

Can I do it myself, if my spouse and I agree on division of assets and liabilities, child related issues and all other matters?

Many courts provide self-help curses or self-help kits that designed to assist divorcing couples in efficiently and swiftly dividing their assets.  These kits often contain resources such as parenting plans and child support guidelines worksheet. 

These kits are appealing, because divorcing couples often seek to circumvent the high costs and lengthy processes associated with divorce.  Consequently, the divorcing parties may opt to draft their own petitions and agreements.

However, relying on a do-it-yourself divorce agreement may lead to legal challenges. There is a possibility that the information provided could be incorrect, or one party might unintentionally forfeit their rights. To mitigate the potential risks associated with a do-it-yourself divorce, it is prudent to seek guidance from a qualified family law attorney.

Reach Out To Capizzi Legal Today

We regard each client as a member of our family.  If you require a compassionate attorney to assist you throughout the entire process, please reach out to us. Our team is committed to listening to your needs, providing support, and facilitating a seamless divorce experience for you and your loved ones.

Whether your divorce case is taking place in Miami-Dade or Broward County, Capizzi Legal can assist you throughout this process. 

To initiate your journey towards a resolution with knowledgeable guidance, please fill out our contact form or book a consultation by using our online calendar.  Capizzi Legal, a new take on family law.

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