Family Law

Family LawDealing with divorce is never easy; more than 13 percent of all Florida marriages end in divorce. When you have been told you spouse wishes to terminate your marriage or you decide the marriage cannot be saved, you need to work with a family law attorney who understands the issues and will advocate for your rights.


Under Florida law, one of the parties to a divorce must have been a resident of Florida for a period of six months prior to filing for divorce. Divorces are typically uncontested; most divorced couples file divorce due to an irretrievable breakdown of the marriage. The only other reason to file for divorce in Florida is mental incapacity of one spouse. There are numerous issues you will have to deal with including child and spousal support, property division and child custody. At the Arnaldo Fiallo Law Office we’re committed to helping you throughout the process.

Child Support Obligations

The Florida Child Support Guidelines provide basic information on how the level of financial support a child is entitled to. Whenever possible, it is best for the parents to agree on the level of support. Courts will consider the needs of the child, which parent the child resides with as well as the income levels of both parents. We will provide you assistance with understanding the basic levels of support and help ensure your child’s best interests are taken into consideration when determining how much child support should be received by the custodial parent.

Alimony Payments to Divorced Spouses

In some instances, the courts may award one spouse ongoing alimony payments which will continue until one spouse is deceased or the spouse receiving payments remarries or begins living with another intimate partner. There are numerous factors which go into determining alimony including the length of the marriage, the contributions each spouse made to the marriage and the standard of living each spouse is accustomed to during the marriage. Alimony is not automatic; if you are seeking alimony you need an attorney who can explain why it is important and help persuade the courts to allow such payments.

When Parents Wish To Relocate After a Divorce

Sometimes parents are required to move due to job changes and other life events. When this occurs, if they are the custodial parent, they must file a petition with the courts and notify the other parent they wish to remove minor children from the state. It is imperative to ensure there is a plan in place for the non-custodial parent to have contact with their child. In order to successfully petition the court for the right to move across the state or out of state, you will need an attorney who can persuade the courts this move will not be detrimental to your child.

Child Custody Laws in Florida

Shared custody is the preferred method in Florida. Parent’s who are unable to agree on who should have physical custody or how they should split the time with their children will be subjected to the court’s decision. This is generally done in taking into consideration the best needs of the child. Other factors that will play a role in the court’s decision include the relationship each parent has with the child, which parent is more likely to encourage a strong relationship with the other parent and, when appropriate, which parent the child wishes to live with. Both parents will be required to take the Florida Parent Education and Family Stabilization Course prior to their divorce being finalized.

When you need compassionate and caring legal help through the divorce process and the associated issues, contact the Arnaldo Fiallo Law Office today. We provide English and Spanish speaking clients in Miami & West Palm Beach, Florida with a whole range of divorce-related issues.

Posted by: mprictor on October 13, 2016