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FLORIDA DIVORCE LAWYER


Welcome to Streets Law, your Miami family law firm.

Call for consultation options: (786) 671-1659

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FLORIDA DIVORCE LAWYER


Welcome to Streets Law, your Miami family law firm.

Call for consultation options: (786) 671-1659

Life is a balance of holding on and letting go
— Rumi
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Child Custody


Child Custody


Parents want what is best for their children, and so do Florida courts. When it comes to Miami child custody cases, Florida law says a court's decisions must be guided by the best interest of the child. A Florida parenting plan may be crafted based on the unique needs of each family. The idea is that even though a child will split time between households, the parents will form a unified front in child-rearing. 

Parental Responsibility: Shared versus Sole

Parents are typically awarded shared parental responsibility absent a compelling reason to grant sole parental responsibility to one parent. Shared parental responsibility simply means the parents will work together to make joint decisions affecting the welfare of their children. Having shared parental responsibility generally means one parent cannot, for example, change a child's doctor or school without the agreement of the other parent.  The Miami-Dade County family court offers great resources for parents having trouble communicating or co-parenting, and it is important to take advantages of these services for the best interest of your child. 

Time-Sharing

 Whether you are facing a Miami paternity case or a divorce case, maximizing time with your children is likely your most important goal. Putting forth the best case for this includes having knowledge of the factors the court considers in awarding time-sharing. Those factors include a parent's work schedule, the child's routine, the ability of the each parent to co-parent and many more considerations. Courts have much less discretion in modifying a timesharing schedule than they have in creating one, so it is important to get it right the first time around. 

Miami Child Custody Lawyer

Having a Miami child custody attorney who understands that each family is unique is important in crafting your Florida parenting plan. Anyone can create a parenting plan template, but your child's future needs more than a template. Let Streets Law, LLC create one especially for your family that addresses special circumstances such as family traditions, social media rules and other issues. Contact Streets Law today to learn how to create a parenting plan that serves the best interest of your child. 

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Child Support


Child Support


How Child Support is Calculated in Florida

The Florida child support guidelines are just a start in your Miami child support case.  There are many other factors to consider in determining how much money should be allocated for your children each month. Some things to consider in calculating child support include: 

  • How much is spent on daycare and who pays for it
  • How much is spent on medical and dental insurance and who pays for it
  • The cost of extracurricular activities and private school costs
  • Deductions available to each parent for purposes of determining net income
  • A parent's high debt or other special considerations which may warrant deviation from the child support guidelines.

The timesharing schedule of the parents is also an important consideration where child support may be reduced for the paying parent who spends at least 20% overnights per year with a child.  Knowing what statutory factors are in your favor and how to use them is the key to achieving a fair amount. 

Miami Child Support Attorney
The Miami child support lawyer at Streets Law has knowledge about more than just the support basics - the firm takes time to understand all factors in your case so that you can maximize the concessions available to you under the law. Most importantly, the firm takes great pride in advancing the best interest of your children.  Contact Streets Law today to learn about your options in your Miami child support matter. 

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Pre-Nuptial and Post-Nuptial Agreements


Pre-Nuptial and Post-Nuptial Agreements


You're getting married - congratulations! A marriage is partnership on many levels, one of those being a financial partnership. If you owned a company, would you merge your business with another company without knowing anything about the other company's financial standing and without a plan as to how the two companies will jointly operate and handle finances together? Probably not, yet most couples do this frequently by getting married without a Florida prenuptial agreement.  The process of creating this agreement forces couples to examine each other's financial standing and to think about how property and debt will be divided and handled. 

Even if you are already married, it is not too late to enter a Florida postnuptial agreement that gets a couple on the same page as to how finances will be handled in the event of divorce or death. A postmarital agreement may also provide a tune-up for a pre-nuptial agreement that needs updating due to changed financial circumstances. 

Miami Pre-Nuptial Agreements

A common misconception about marital agreements is that they are only useful to people who have a lot of money and property to protect. More than protecting property, this agreement can guide how finances will be handled during the marriage, as well as provide peace-of-mind knowing that if divorce happens, you are less likely to spend large sums of money litigating over issues that are already pre-determined in an agreement. Too, while you may not have a lot of money and property going into a marriage, years down the line you may earn substantial property and income that you should consider protecting now. 

Detailed and technical requirements must be met to give your Florida premarital agreement the best shot at being enforced if divorce happens. Therefore it is very important that you hire a lawyer with experience and knowledge in this area. A Miami lawyer for prenuptial agreements is on your side at Streets Law who will help you craft an agreement that protects you. Call today to set a consultation to discuss your concerns with a qualified Miami postnuptial agreement attorney.

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Divorce


Divorce


When facing a Miami divorce, there are three main issues the court is going to be concerned with: (1) division of property, also known as equitable distribution; (2) financial support, whether alimony or child support; and (3) a Florida parenting plan which lays out how parents will work together to raise their children after separation.  Florida is a no-fault state which basically means you do not need a reason other than irreconcilable differences to petition for dissolution of marriage. There is no minimum separation period in Florida. 

FLORIDA EQUITABLE DISTRIBUTION

Florida divorce courts generally start with the premise that each party should walk away with half of the debts and half of the assets. A marital asset or debt is defined as being acquired from the date of marriage through the date of filing a petition for divorce. As with most rules, there are exceptions that may cause a court to award more than half of an asset or debt to one spouse, and in some instances, the entire asset or debt to one spouse. 

SPOUSAL SUPPORT IN FLORIDA

Calculating alimony in a Miami divorce case depends on many factors such as the length of the marriage, the need of the spouse requesting alimony and the ability of the other spouse to pay it.  Florida law rewards a spouse who sacrificed his or her own career to advance the other spouse's career. When calculating spousal support, it is important to take into consideration all factors which may maximize or minimize an alimony award.  

FLORIDA CHILD SUPPORT GUIDELINES

The Florida child support guidelines provide a baseline for calculation of a child support amount. There are other factors that should be considered outside the guidelines such as private school tuition, braces, tutoring and other special expenses children may incur. Child support is also dependent upon the visitation schedule - support is adjusted based on how many overnights a parent spends with a child each year. Sometimes it may be appropriate to request financial support for a child beyond the age of majority (18). 

FLORIDA PARENTING PLANS  

In a Miami child custody case, parenting plans are created with the idea that they are road maps for separated parents to follow until their children turn 18. Two main issues resolved in parenting plans are (1) parental responsibility and (2) time-sharing. Parental responsibility can be shared or sole - shared means the parents have a duty to discuss and agree on major decisions affecting the welfare of their children, while sole means one parent makes all decisions. Time-sharing is also commonly referred to as child custody.  A parenting plan lays out how much time each parent will spend with the children, usually calculated by how many overnights per year a child spends with a parent. 

MIAMI UNCONTESTED DIVORCE

When you and your spouse have no property or debts to divide, have no children, and there are no support issues, your case may qualify as an uncontested divorce. This essentially means you can file for divorce (with your spouse's cooperation or not) and ask the court for a final hearing date sooner than you would get if your case involved complex issues.  Even if your case involves complex issues, and you and your spouse reached a written agreement on those issues, your case may qualify as uncontested, allowing you to get divorced within weeks depending on schedule of the judge assigned to your case. There is no waiting period to dissolve your marriage in Florida.

MIAMI DIVORCE LAWYER

Having a knowledgeable lawyer on your side is the key to success in your Miami divorce case. Contact Streets Law, LLC for a case plan tailored to the specific circumstances of your case.  Various consultation options are offered to suit your needs. Evening and weekend consultation appointments are available upon request. 

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Adoption


Adoption


Not many experiences are more beautiful than expanding a family through a Miami adoption. The process of adopting can be both emotionally trying and rewarding. Streets Law will be with you each step of the way and provides services in the following Florida adoption cases: 

  • Miami Same-sex Couple Adoptions
  • Miami Step-parent Adoptions
  • Miami Relative Adoptions

The Florida adoption process can happen in two parts or one, and having the right attorney on your side to streamline the process is essential to saving you money and time. The Miami adoption lawyer at Streets Law is ready to help you in this regard. Contact the firm today to discuss your best options. 

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Alimony and Spousal Support


Alimony and Spousal Support


Calculating Alimony in Florida

Florida alimony reform has been on the legislative agenda in recent years with a push for clearer calculation guidelines and the elimination of permanent alimony.  Having a Miami spousal support lawyer who stays on top of changes in the law is crucial to maximizing the outcome of your Miami divorce case. Some of the factors the court considers in awarding alimony under current statutory law are the following: 

  • Length of the marriage
  • Need of the spouse asking for alimony and the ability of the other spouse to pay it
  • Standard of living established during the marriage
  • Age and physical condition of the parties

Adultery of a spouse may play a role in an alimony award as well.  While there is no set formula for calculating spousal maintenance in a Florida divorce case, the court may determine the amount by examining percentage splits of the combined income of the parties. 

Types of Florida Alimony

There are four types of spousal support awarded in Florida: 

  • Bridge the gap: Awarded to help a spouse transition to single life financially. May not exceed two years.
  • Rehabilitative: Purpose is to help a spouse become self-supporting by returning to school or otherwise gaining experience for better employment opportunities.
  • Durational: Provides support to a spouse for a set period of time after the marriage, the length of which is not to exceed the length of the marriage. This type of support is ordered when permanent alimony is inappropriate.
  • Permanent: Reserved for marriages 17 years in length or greater. In most cases, it terminates upon the death of either party or the remarriage of the party receiving alimony.

Many more factors and analysis go into calculating alimony and there may be exceptions to the rules that may benefit you. For a complete alimony analysis that takes the specific factors of your case into consideration, contact Streets Law for an in-depth consultation. 

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Domestic Violence


Domestic Violence


Obtaining a Restraining Order in Florida

According to the Florida Department of Law Enforcement, there were 106,822 reported incidents of domestic violence in Florida in 2014.  Some of those incidents resulted in death.  Florida family law provides a way to protect yourself from escalating violence through the filing of a petition for injunction against domestic violence. 

In order for a court to enter an order requiring that someone stay away from you, the court must find that you have been battered, assaulted or stalked, or that you have reasonable cause to believe you are about to become the victim of domestic violence.  Once you file a petition for injunction, a temporary stay away order may be entered immediately with a hearing date set within a couple of weeks to determine if a permanent order should be implemented. While a Florida restraining order is in place, the perpetrator must remain more than 500 feet away from the victim's residence, school and place of employment. Additionally, the person accused of violence cannot contact the victim even indirectly through third parties. Failure to abide by an injunction can result in jail time for the offender. 

Florida Domestic Violence Lawyer

If you are accused of domestic violence and an injunction is looming against you, your rights to your own property may be in limbo. A court may order you to vacate your own home even if the alleged victim is not on the lease or on the title to the residence - all without a hearing taking place. If you are the victim of violence, protecting yourself from increasing violence by seeking a restraining order is essential. The law provides ways to protect your financial stability if you need to escape an abusive home. If you need assistance as someone accused of violence or as someone who is experiencing it, contact Streets Law. Your safety and peace of mind are invaluable, and Streets Law is here to help you protect both. 

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Same-Sex Family Law


Same-Sex Family Law


Florida LGBT Family Law

The United States Supreme Court cleared the way for same-sex couples to marry in states across the nation, and with that declaration opened up a variety of ways for the LGBT community to exercise their family law rights in Florida. Some of those rights include divorce and parental rights. 

While the law is changing, some of the issues faced by parents involved in same-sex relationships include the following:

  • Unclear parental rights: While the law generally is that a child born within wedlock is considered the child of the spouses, Florida law is still catching up in that the statutory language does not clearly include same-sex couples as spouses. Therefore, a parent of a child born within same-sex wedlock who is not biologically related to that child may face some challenges in being recognized as the child's parent. The challenges become more burdensome if the parents are not married, and for that reason it is important that an attorney is retained who knows how to apply the law in this regard.
  • Birth certificate issues: LGBT parents may face issues on even the most basic level of being named as a parent on a birth certificate. Having an attorney who has experience in ways to address this is essential to make the process as smooth as possible.  

Miami Same-Sex Family Lawyer

There is no doubt that same-sex couples in Miami still face many legal hurdles when it comes to recognizing their relationship and parental status. While Florida law continues to evolve in this regard, having an attorney that stays on top of developments in the law and understands how to navigate current laws is essential. From adoptions to child custody to divorce, the Miami LGBT family law attorney at Streets Law will aggressively defend your rights and challenge the status quo. The best way to learn your rights and how Streets Law can help you exercise them is to call and set a consultation.

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Name Change


Name Change


Miami Name Change Attorney

Changing your name in Miami can be a quick process that changes your life significantly.  Having a name that makes you comfortable is one of the first steps in making your impression on the world. A name can be a source of pride and emotional significance for many as well as a fresh start, so it is no wonder why legally changing a name is something many people consider. 

To change your name in Miami, you can help yourself by gathering the following information before starting the process: 

  • A list of your residential addresses since birth, including the dates your resided at each address
  • Your employment history for the past five years
  • Information about your bankruptcy filings, criminal records and creditor judgments, if any

Children's Name Change in Miami

Parents seek to change their child's name for a variety of reasons. If you want to process a child's name change in Miami you may be able to do so in combination with another Miami family law case (i.e. paternity, adoption, etc) or independently.  Streets Law is here to help you save money and time and will assess the best way to help you do that. Contact the firm today to set a consultation and learn how your case can be handled efficiently and cost-effectively.