Divorce
Divorce is never an easy thing to go through. It’s a time of big life changes for both spouses, and any children they may have. Changes are emotional, parental, financial, practical, and legal. With so many changes happening at the same time, navigating the legal aspect of your divorce can be difficult, but you do not have to go through it alone. Marisol Cruz helps her clients through this difficult time with compassion and personalized attention, making sure to explain the law in an easily understandable way while advocating for her client’s rights.
In Florida Divorce is known as Dissolution of Marriage. Florida is a no-fault divorce state, which means either party can seek a divorce without proving the reason for wanting it. Although you do not need a reason for wanting a divorce, there are still many legal aspects that need to be addressed when getting a divorce.
If the spouses have children in common, the things that they must decide on are Parental Responsibility (commonly known as custody), decision-making authority, Time-sharing (commonly known as visitation), and each parent’s rights and responsibilities as it relates to the minor children. If the parties cannot agree what these things should be, then the Court makes a decision based on the “best interests” of the children, as required by Florida law.
As it relates to the things spouses own, the money they have, and the debts they owe, in Florida these things (known as assets and liabilities) are equitably distributed between the spouses. This means that everything is fairly divided between the spouses (known as Equitable Distribution). Generally speaking, assets and liabilities belong to both spouses (known as marital), but sometimes the assets and liabilities only belong to one spouse (known as non-marital). If spouses cannot agree on what is marital and what is non-marital, then the Court will identify the marital and non-marital assets and liabilities and then fairly divide them (equitably distribute) between the spouses.
Another important aspect of the financial issues that may exist between the spouses is whether or not a spouse is requesting alimony (spousal support). There are many statutory factors that the Court considers when determining whether or not alimony should be awarded, but most importantly is the need of the spouse requesting alimony and the ability the other spouse has to pay.
Hiring a lawyer is an important decision. The lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your divorce case is unique and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and zealously advocate for you. We look forward to helping you. You can contact us here or call 305-418-4466 to schedule a consultation.
Equitable Distribution
In Florida when spouses are divorcing, their assets (property, bank accounts, investments, etc) and liabilities (debts and monies owed) are divided under the theory of Equitable Distribution. What that means is that generally any asset (anything of value) acquired during the marriage, or any debts incurred, belong to both spouses. During a divorce all assets and liabilities are divided between the spouses in a manner that is fair and equitable (not always 50/50).
What exactly does fair and equitable mean? If parties are unable to agree on the division of their assets and liabilities, a Judge will look at a variety of factors identified by Florida law in § 61.075, Fla. Stats. to determine how everything will be divided. But first, the assets and liabilities need to be identified as marital or non-marital.
Non-marital assets and liabilities are usually owned by one spouse prior to being married. Assets/liabilities obtained during the marriage are usually considered marital, regardless of how titled. For example, after the spouses are married, they decide to purchase a home together but only one spouse contributes to the down payment and only one spouse is listed on the title, the parties live in this home the entire time they were married, and they both help pay for the mortgage and to living expenses of this home. Upon divorce, the Court would likely consider this home a marital asset to be equitably divided between the spouses. Although this seems relatively straightforward, that’s not usually the case. There are many exceptions that apply, and what a Court will look at when making a decision are the facts and circumstances of the spouses as it relates to each asset and then apply the statutory factors. Division of debts works in a similar manner, which means that the facts and circumstances of the spouses will determine which spouse will pay which debt. Florida Statutes define Marital and Non-Marital assets and liabilities at length, which you can read here.
If a spouse believes that he/she is entitled to an Unequal Distribution of a particular asset or liability, that spouse has to make sure that it was properly requested for the Court to make that consideration and determination. What this means is that one spouse is asking the Court to give him/her an unequal share of a marital asset. For example, a spouse could ask the Court to give him/her all of the money in a joint bank account. However, the Court must consider the facts and circumstances of the parties as well as the statutory factors before making this decision.
A family law court is a court of equity, which means that the Court will always try to do what is right for the family in that case, all of which is based upon the law in effect at that time and how it applies to the facts and circumstances of that family.
The process of divorce is often difficult and emotional, which is why it is crucial for the spouses to seek help from an experienced attorney. Hiring a lawyer is an important decision. The lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your divorce case is unique, and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and advocate for you. We look forward to helping you. You can contact us here or call 305-418-4466 to schedule a consultation.
Alimony
In Florida, when getting a divorce, one of the things you must consider is whether one or both of the spouses is requesting alimony. Depending on the length of the marriage and other financial factors you might be eligible to receive or will be ordered to pay alimony or (a/k/a spousal support). This is an important aspect of the divorce process and should not be approached lightly. It is important to consult with a knowledgeable lawyer to find out your rights and responsibilities when it comes to divorce and spousal support.
What is alimony/spousal support? Alimony is financial assistance one spouse pays to the other either during and/or after divorce. You are not automatically eligible for alimony. There are specific requirements that must be met to request alimony and then to show eligibility to receive it. If you do not properly request it when starting your divorce process, you could waive your right to alimony.
In Florida, an award of Alimony is based on the financial need of the requesting spouse and the financial ability of the other spouse to pay the requested alimony. Need for alimony is usually demonstrated by showing the court that the requesting spouse will not be able to sustain herself/himself financially without the financial help of the other spouse. Once a judge determines that the spouse requesting alimony has a need for alimony and the other spouse has the ability to pay alimony, then the judge must look at certain statutory factors (Florida Statute §61.08) in order to determine the amount.
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
- The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- The responsibilities each party will have with regard to any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
- All sources of income available to either party, including income available to either party through investments of any asset by that party.
- Any other factor necessary to do equity and justice between the parties.
The type of alimony you may be eligible for is first determined by the length of the marriage. A marriage of less than 10 years is a short-term marriage. A marriage between 10 and 20 years is a marriage of moderate duration. A marriage of over 20 years is a long-term marriage.
Although Judges have discretion when making alimony awards, Judges must be fair and equitable when doing so. There are several types of alimony that can be awarded or a combination of them. (Florida Statute §61.08). A brief summary of the types of Alimony available:
● Temporary Alimony: spousal support paid during the duration of the divorce proceedings.
● Bridge the-Gap Alimony: this type of alimony helps the receiving spouse make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years.
● Rehabilitative Alimony: this type of alimony helps the receiving spouse in establishing the capacity for self-support through the redevelopment of previous skills or credentials OR the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. This type of alimony requires a specifically outlined plan to accompany the award.
● Durational Alimony: this type of alimony helps the receiving spouse for specific period of time, and there are caps on the length of this type of alimony, depending on the length of the marriage.
The process of divorce is often difficult and emotional, which is why it is beneficial for to seek help from an experienced lawyer. Hiring a lawyer is an important decision. The lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your divorce case is unique and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and advocate for you. We look forward to helping you. You can contact us here or call 305-418-4466 to schedule a consultation.
Parental Responsibility (custody) and Time-sharing (visitation)
Parental Responsibility (a/k/a Child Custody)
Whether you’re going through a divorce, or you were never married but had children with someone, protecting your rights as a parent are extremely important to ensure you have continued access and involvement in the life of your child.
In Florida the terms child custody, joint custody, visitation, and residential or non-residential parents are no longer used. Instead, Florida uses the term Shared Parental Responsibility, which is defined in Florida Statute § 61.046 (17) as “a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.” This means that in Florida parents must share Parental Responsibility unless the Court finds that Shared Parental Responsibility would be detrimental to the child. The Courts will always look to see what the best interests of the child are and then measure what happens from there.
Courts encourage that both parents continue to be involved in the upbringing of the child despite no longer living together as a family unit (regardless of whether or not the parents were married).
Maintaining a loving relationship with each parent is generally what is in the child’s best interest, but it also comes with many challenges. Two individuals who are no longer married (or no longer cohabitate) must continue to raise a child together while setting aside their personal feelings for each other. Through establishment of Shared Parental Responsibility also comes joint decision-making authority as it relates to the child’s welfare (health/medical and educational decisions). As part of Shared Parental Responsibility, both parents are required to communicate with each other when it relates to the health/medical and/or educational decisions of the child. If parents are unable to agree on these decisions, the parents may need to seek the Court’s help (through the filing of appropriate paperwork).
In some cases, Sole Parental Responsibility is what is in the child’s best interest because anything else would be detrimental to the child. Florida Statute § 61.046 (18) defines Sole Parental Responsibility as “a court-ordered relationship in which one parent makes decisions regarding the minor child.”
Whether it is Shared or Sole Parental Responsibility, each parent will also have a Time-sharing schedule (commonly known as visitation schedule) included as part of the Parenting Plan. Florida Statute § 61.046 (14) defines Parenting Plan as “a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.”
Florida Statute § 61.046 (23) defines Time-sharing as “a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent.” The Time-sharing must either be agreed upon by the Parents or it will be established by the Court. Since July 1, 2023, the law in Florida is that “there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” This new law does not guarantee that the time-sharing between the parents will be 50/50, it just ensures that the parents are on equal footing from the start of the case. If one parent believes it’s not in the child’s best interest to have equal time-sharing, that parent must rebut the presumption by preponderance of the evidence (more likely than not) that equal time-sharing is not in the child’s best interests.
The Parenting Plan and Time-sharing schedule is a very important document that must comply with Florida law, be well thought out, and clearly drafted to avoid any potential problems in the future. There are many considerations each parent must consider when thinking about the future of raising a child in two separate households and the Parenting Plan is a crucial piece of the puzzle that will provide a road map for your family moving forward.
Because the process of starting over after a breakup is difficult and emotional, it is beneficial for parents to seek the assistance of an experienced attorney to help draft the Parenting Plan. Hiring a lawyer is an important decision and the lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your family is unique and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and advocate for you. We look forward to helping you. You can contact us here or call 305-418-4466 to schedule a consultation.
Child Support
In Florida, Child Support is the right of the child. Both parents of a minor child are required to support that child. When the parents of the child are not living in the same home raising the child together, child support must be calculated.
How is child support calculated?
Florida Statutes created a formula to determine a parent’s child support obligation, which formula can be found the in Florida’s Child Support Guidelines. The formula begins with the net income (as defined by Florida Statute) of each parent and how many children to be supported. There is then a ‘start number’ to used to begin the calculations. There are some factors that are considered that may fluctuate each parent’s obligation, including the number of overnights the child is with each parent, whether a parent pays for health insurance, and/or pays for childcare. Although calculating child support may seem like a straightforward concept, it is anything but. It is beneficial for parents to seek the assistance of an experienced attorney to help calculate the child support obligation.
Hiring a lawyer is an important decision and the lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your family is unique and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and advocate for you. We look forward to helping you.
You can contact us here or call 305-418-4466 to schedule a consultation.
Father’s Rights (Paternity)
Did you know in Florida if you have a child with someone and you’re not married to that person, that child is born out of wedlock? If you’re the Father of the child born out of wedlock and are not on the child’s birth certificate, you have almost zero rights to your child until a Florida Court says you do. This means until you have a Court Order showing you are the legal father of the child, you have no rights to visitation (Time-sharing), Custody (Parental Responsibility), including decisions about the child. However, you may still be obligated to pay child support.
It is extremely important to protect your rights as a parent to ensure you have access to the child/children and that you are able to make decisions on behalf of the child/children. Establishing Paternity in Florida is not only the process of declaring the Father is the legal father of the child, but it is also the process to create and establish custody, a visitation schedule, and child support. You can read about the process more in detail here.
Because breakups are difficult and emotional, especially when children are involved, it’s extremely important to seek the assistance of an experienced attorney to help establish paternity and protect your rights. Hiring a lawyer is an important decision and the lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your family is unique and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and advocate for you. We look forward to helping you. You can contact us here or call 305-418-4466 to schedule a consultation.
Prenuptial & Post nuptial Agreements:
Prenuptial Agreements are a great way to take control of what happens to “your things” in the event of a future divorce. It’s an opportunity for individuals to talk about their finances and their expectations as they transition from being single to being married.
What is a Prenuptial Agreement? A Prenuptial Agreement aka Prenup is a legal document that couples sign before they get married, which determines how assets will be divided and protected in the event of a divorce, and can include intangible things like ideas (for example, a book, product, or design idea). It can also help protect each spouse from the other’s debt.
Individuals have rights over the things they possess, both before and after they are married. A Prenup will address each of your rights and lets the soon-to-be-spouses take control of what happens in the future, should the marriage end in a divorce. One of the good things about a Prenup is that when individuals are thinking about sighing one, they are on good terms, and it makes discussing topics such as money and property easier, which in turn makes it easier to come to an agreement. This is very important because by the time a couple arrives to the divorce stage, there is often a communication breakdown and working things out can be difficult.
Similarly, a Postnuptial Agreement aka Postnup serves the same purpose, except that the parties sign it after they legally marry.
Having a Prenup or Postnup is a smart financial decision because in the event of a divorce, either document will likely save you a lot of time, money, and stress. However, if you are going to sign one, you should speak with an experienced lawyer who will explain all of your rights. Hiring a lawyer is an important decision. The lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your matter is unique and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and advocate for you. We look forward to helping you. You can contact us here or call 305-418-4466 to schedule a consultation
Business & Commercial Law
Business Contracts
If you own a business or are looking to start a business, having a written contract is extremely important. A written contract between your business and the other party (whether an individual or another business) protects your rights and clearly spells out your rights and responsibilities as they relate to the business deal you’re engaging in. The contract will outline what each party to the contract should expect, what will happen if one of the parties does not comply with the contract, and how to resolve any disputes.
Whether you need a contract drafted, or a contract reviewed before signing it, you want to ensure that you speak with an experienced lawyer to understand what you are agreeing to when you sign that contract. If you’re a business owner, you want to make sure that the services you are providing are clearly identified in a contract, and that the contract specifically outlines what happens in the event someone breaches that agreement.
Likewise, if you’re a business owner, you may want to have Employment Agreements for your employees, which include non-compete and non-solicitation clauses to protect your business’s proprietary information. Otherwise, you may find yourself needing to sue a former employee for “stealing” customers from you.
Contracts are extremely unique to each situation and “boiler plate” contracts found on the internet will likely not protect you, your business, or your rights. Hiring a lawyer is an important decision and the lawyer you hire should be someone you trust, someone who helps you understand the law, your rights, and responsibilities, all while fighting for you every step of the way. Your business and situation is unique and you can trust Marisol Cruz will tailor her legal representation based on your circumstances, and advocate for you. We look forward to helping you. You can contact us here or call 305-418-4466 to schedule a consultation.