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Divorce Attorney Miami
The Pinecrest law office of Jose M. Medina is committed to providing friendly and professional service to people in need of legal assistance. His personalized approach to each situation assures the client that a difficult and emotional time in their lives will be handled with sensitivity. Contact us today for a consultation.
We offer an initial consultation for $100.00. This will be applied to your fee if you retain us. |
Services
| Divorce |
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| Domestic Violence |
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| Child Support |
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| Modifications |
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| Prenuptial Agreement |
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| Mediation |
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Is your marriage over? |
This should be the first question any divorce attorney should ask you. It's a big decision, after all, and you are the one who's going to live with it. If the answer is "yes", read on. If the answer is "no" or "maybe", then check out some of the links below. Maybe some counseling is what's in order, not a divorce. Explore other options, especially if minor children are involved. You owe it to yourself-and to them. |
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Why do you charge $100 for a consultation |
Our consultations are extensive. We don't do free 15 minute consultations. Instead, we take the time to tell you what you might expect both from us and from the law. We'll help you make an informed decision regarding how to proceed with your legal issues. |
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If you've decided a divorce is in order |
If divorce is inevitable, consider how best to proceed. Before you hire an attorney and plunk down your money, ask yourself if another route might be better. There are basically three types of divorce; divorces that are uncontested from the start, divorces that are resolved prior to final hearing, and divorces that can only be resolved by a judge. Make no mistake, the last category will cost you the most, financially and emotionally. The first two categories less so. Let's examine each one. |
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Divorce-Uncontested from the start |
I love when a potential client says that the divorce will be amicable as he or she is in agreement with his/her spouse. From experience I can tell you that generally this means that the parties are in agreement with getting divorced-and that's it. As soon I start asking detailed questions about the agreement, the look of confidence is transformed into a deer-in-the headlights look. The point is that it is rarely the case that all issues have been agreed to in advance. It happens, but rarely. In response, I will sit with my client and prepare a first draft of an agreement based on what my client believes and on some educated guesswork. Sometimes, the agreement will come back signed. Other times, a few changes are requested and agreed to and the divorce really is uncontested. Sometimes, there is no answer and we start the next category. |
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Divorce-Settlement reached prior to trial |
This is the usual way for a divorce to commence. One party files for divorce and has the other party served. The other party then contacts an attorney and files and answer and counter-petition for divorce. The next step then involves exchange of financial information, and if the parties are lucky, a scheduled mediation. What's luck got to do with it? Sometimes one may unknowingly retain an attorney more interested in maximizing fees than in helping the client to resolve the matter quickly and efficiently. Let me be clear, the overwhelming number of attorneys with whom I work care about their clients well-being. Its just that a few attorneys don't follow that golden rule. In most cases the financial information is exchanged ("discovery" in lawyer-speak) in about two months and the case is ready for mediation.
Mediation is a process whereby both sides meet with a neutral mediator and attempt to work out an acceptable resolution. Mediation is where most cases settle. Mediation requires a give and take and a hard look at alternatives. Most people, rightly so, elect to make their own decisions rather than let a stranger make it for them. Most judges will drive this point home as well. Many a time a judge will look right into the eyes of both litigants and say something to the effect of "You better reach an agreement because neither of you may like my decision". Most times, people in a divorce will elect to have a hand in the decision rather than leave it to the judge. Unfortunately, some cases will not settle despite the efforts of the attorneys and the mediators. Sometimes, both parties believe they are right and think that no judge would disagree with them. Sometimes, one party is so stubborn that judicial resolution is the only option. |
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Divorce-resolved by trial |
In the old days, there was a thing known as trial by ordeal. A person would have to prove their innocence by undergoing a task that would often end in death. The spectators would then remark something like, "Poor Harry, I guess he was innocent after all." This would do Harry no good, however, as the task killed him. These trial by ordeals were later banned as too brutal. Many people undergoing a divorce might argue that trial by ordeal are still in use today. The fact is that having to go to trial to resolve the issue(s) in a divorce is by far the most expensive way to proceed. Not only do these folks spend huge amounts on legal fees, but they usually emerge embittered at the other side (a real shame if minor children are involved), attorneys and the legal system itself. Trial should be a last resort. Enough said? |
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Is there another approach? |
Is there another way? Yes, there is. Its called Mediation and it's the same process described above. The difference is that instead of going there with your respective attorneys two to three months after filing, you go there first, without attorneys. That's right, you and your spouse meet with a neutral mediator and try to resolve your differences prior to filing you case in court. See MediateYourDivorce.Com for more details. |
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Is non-attorney mediation for everyone? |
Sadly no. If you suspect that your spouse has hidden assets or you believe that your spouse will not play fair, then you may need to hire an attorney and/or a forensic accountant. Luckily, most people know what assets were acquired during the marriage and what the other party's income is, and has been historically. In these cases, the need for a formal investigation by attorney or accountant is not necessary. |
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Divorce terms you should know and some you should forget |
The term "custody" is no longer used. When clients ask me about the possibility of obtaining "full custody" or "sole custody", I ask what that means to them and attempt to respond using the new statutory terms.
Think in terms of "Shared Parental Responsibility" or "Sole Parental Responsibility". The former is a legal relationship whereby the parties have joint and equal decision-making ability with regard to a minor child's health education, and general welfare. And it's the law. That is, absent evidence that such a relationship between the parents will be detrimental to a minor child, the court is going to order shared parental responsibility. Why? Two parents (unless one is unfit) are better than one. Both parents have a right to participate in the parenting duties and responsibilities.
The concept of "visitation" has been replaced by "time-sharing". The idea was not to undercut one parent's authority by allowing him to "visit" with his child. The idea is that there will be "time-sharing" between the parents. This does not mean, however, that both parents will have equal time with the child(ren). The amount of time should be decided by the experts, that is, the parents.
Forget "Primary residential Parent" and "Secondary Parent ". These terms, too, have been abolished. Why? Many people mistakenly believed that as "primary" they had superior rights. In fact, the term was meant to reflect a fact that a child spent more time with one parent than another. It was never meant to bestow greater rights. Failure to understand this resulted in the abolishment of the term. |
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Can you assist with Restraining Orders? |
| Yes we can help you to present your case in court whether you need to obtain a restraining order or whether you need to defend yourself against one. In addition to granting an injunction, the court may also order child support, alimony, and may grant exclusive use of a shared dwelling. A restraining order may also have consequences on a pending divorce, on employment, and on immigration status so it must be treated carefully. |
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Tips to keeping your legal fees down |
Most family law attorneys bill hourly for their work. This includes time spent reading emails or responding to emails. Flat fees in contested cases have the highest potential to be unfair to the attorney if he/she estimated too low or to the client if the attorney estimated too high. That is the reality. So what can you do to keep your fees down? Read on.
- Don't call and email constantly. Instead, make a list of questions and email them all at once or call and ask them together. You'll still be charged for the call but it will be less costly than calling several times.
- Provide requested information timely. Don't put your attorney and his/her staff in the position of hounding you for you to do something. This will increase your bill and the frustration level of all concerned.
- Make your own photocopies. Why pay someone to do something you can do yourself for free? Neither your attorney or his staff will mind. They'd rather focus on other aspects of your case. In our firm, we ask that all documents be sent be fax. We have an electronic fax so that we can save a copy in our file. Also, there is no chance of us keeping an "original".
- Don't provide originals or your sole copy of something. What if it gets lost? Or if the office gets blown away in a hurricane. Send only copies or better yet fax them.
- Don't ask why your friend/cousin/co-worker obtained a different result. No two cases are alike. Many factors affect the outcome.
- Remember, you attorney and/or his staff are not therapists. If you believe life has been unfair or your spouse is a demon from Hell, call a friend or a therapist. It'll be cheaper and more productive to do so.
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So what can you expect? |
Divorces can be emotionally and financially devastating. The situation did not materialize overnight and it won't be resolved overnight. Prepare yourself for the long haul. Think marathon, not sprint. If it does get resolved quickly, think how relived you'll feel. If it doesn't, think how well prepared emotionally you'll be. You will emerge from this process. You may be a little shaken up and hesitant to go forward. But that will pass. You will go forward. In time, you may actually feel better. Life will go on for you and you'll be stronger for the struggle. You'll be able to help someone when they turn to you and say "I can't cope". You'll smile inwardly and say "You can". |
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