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How a Divorce Attorney in Miami Can Protect Your Assets and Rights

March 28, 2025

Divorce can be a life-altering event, and the decisions you make during the process can significantly impact your future. If you're navigating through a divorce, having a trusted divorce attorney in Miami FL can make all the difference. At Baird, Lisa A PA, we understand how important it is to protect your rights and assets during this challenging time. Our experienced divorce lawyers in Miami FL are here to guide you through every step of the legal process, ensuring that your interests are safeguarded.


Protecting Your Assets During Divorce

One of the most crucial aspects of any divorce is the division of assets. Whether you have a complex financial portfolio or own a family home, a divorce lawyer in Miami FL will work to ensure that your assets are distributed fairly. The laws regarding asset division in Florida can be complicated, especially if there are significant assets at stake, such as business interests, retirement accounts, or real estate. A knowledgeable divorce attorney in Miami FL will help you understand your rights and prevent you from agreeing to an unfair settlement. At Baird, Lisa A PA, we are committed to helping you secure the assets that are rightfully yours. Our team will help assess your financial situation, locate hidden assets, and negotiate on your behalf to ensure a fair outcome. 


Safeguarding Your Parental Rights

In cases where children are involved, protecting your parental rights is often just as important as securing your financial assets. A divorce attorney in Miami FL from our firm will advocate for your parental rights, ensuring that the best interests of your children are always prioritized. Whether it's custody, child support, or visitation rights, our attorneys will help you navigate these sensitive matters with care and precision.


Divorce can be emotionally taxing, but with the right legal support, you can ensure that your relationship with your children remains intact while securing a favorable custody arrangement. If you're concerned about your parental rights during your divorce, don't hesitate to reach out to us for guidance.


Why Choose Baird, Lisa A PA for Your Divorce

When it comes to selecting a divorce lawyer in Miami FL, you need someone who is experienced, compassionate, and dedicated to your case. At Baird, Lisa A PA, we are committed to providing personalized legal counsel that is tailored to your unique needs. Our team of skilled attorneys will work tirelessly to ensure that your rights are protected throughout the divorce process.


We are here to listen to your concerns, answer your questions, and provide you with the legal guidance you need to make informed decisions. Whether you are seeking a fair division of assets, custody arrangement, or need assistance with alimony or child support, we are here to help. 


If you are facing a divorce and need an experienced divorce attorney in Miami FL, don’t hesitate to reach out to us. Our team at Baird, Lisa A PA is here to offer you expert legal representation during this challenging time. 


Divorce is a difficult process, but with the right legal support, you can protect your assets, secure your rights, and move forward with confidence. Let us be your trusted advocate in Miami.


If you need a trusted divorce lawyer in Miami FL, Baird, Lisa A PA is here to protect your rights and assets. Contact us today for personalized legal advice and guidance through your divorce.

September 25, 2024
Florida’s alimony law underwent significant changes in 2023, which could impact you depending on your situation. Key aspects of the changes include: 1. **Elimination of Permanent Alimony**: Permanent alimony is no longer an option in Florida. Instead, alimony is now based on shorter, specific time periods, designed to give recipients financial assistance for a defined duration. If you were expecting or paying permanent alimony, this change could significantly affect you. 2. **Durational Alimony**: This type of alimony now has set time limits. It cannot last longer than 50% of the length of the marriage for marriages lasting less than three years. For longer marriages, the duration is more flexible but still limited. 3. **Modification of Existing Alimony**: The new law makes it easier to modify or terminate alimony if there's a "substantial change" in circumstances. This can include retirement or other significant financial shifts, meaning if you or your ex-spouse has a change in income or ability to pay, alimony obligations can be reconsidered. 4. **Retirement Provisions**: The law now allows a paying spouse to seek modification or termination of alimony upon reaching a "reasonable retirement age." This could lower or end alimony obligations based on retirement income. 5. **New Restrictions on Adultery**: Adultery can now factor into the determination of alimony awards in terms of the financial impact on marital assets, though it doesn’t guarantee or exclude alimony by itself. If you are currently receiving or paying alimony, or if you are in the process of a divorce, these changes could affect how much alimony is awarded, its duration, or whether it can be modified in the future.
July 5, 2024
Prenuptial agreements, often called "prenups," are legal contracts entered into by couples before marriage to outline the division of assets and financial responsibilities in the event of a divorce. In Florida, these agreements are governed by the Florida Premarital Agreement Act, which sets forth specific requirements and considerations to ensure their validity and enforceability. Understanding the Purpose of Prenuptial Agreements Prenuptial agreements serve several critical functions, including: 1. **Asset Protection**: Ensuring that individual assets acquired before the marriage remain separate. 2. **Debt Allocation**: Clarifying responsibility for debts incurred before and during the marriage. 3. **Business Interests**: Protecting business assets and interests. 4. **Estate Planning**: Coordinating with existing estate plans to provide for children from previous marriages. Legal Requirements for Prenuptial Agreements in Florida To be enforceable in Florida, a prenuptial agreement must meet the following criteria: 1. **Written and Signed**: The agreement must be in writing and signed by both parties. 2. **Voluntary**: Both parties must enter into the agreement voluntarily, without any coercion, duress, or undue influence. 3. **Full Disclosure**: There must be full and fair disclosure of all assets, liabilities, and income by both parties before signing the agreement. 4. **Fair and Reasonable**: The terms of the agreement must be fair and reasonable at the time of execution. Potential Challenges to Prenuptial Agreements Even when these requirements are met, a prenuptial agreement can be challenged in court under certain circumstances, such as: - **Lack of Voluntariness**: If one party can prove they were pressured or coerced into signing the agreement, it may be deemed invalid. - **Insufficient Disclosure**: Failure to fully disclose assets, debts, or income can render the agreement unenforceable. - **Unconscionability**: If the agreement is found to be unconscionable (grossly unfair) at the time of enforcement, a court may refuse to uphold it. Legal Counsel and Review Given the complexity and potential for future disputes, it is crucial for each party to seek independent legal counsel before signing a prenuptial agreement. An experienced family law attorney can ensure that the agreement complies with Florida law, is fair to both parties, and adequately protects their interests. Conclusion A well-drafted prenuptial agreement can provide clarity and protection for both parties entering into a marriage. In Florida, adhering to legal requirements and ensuring full disclosure and fairness are essential for the agreement's enforceability. Couples should work closely with legal professionals to create a prenuptial agreement that meets their unique needs and withstands legal scrutiny. Navigating the intricacies of prenuptial agreements in Florida requires careful consideration and expert guidance. By understanding the legal framework and taking proactive steps, couples can enter into their marriage with confidence and peace of mind. --- For more information on prenuptial agreements and other family law matters, contact Lisa A. Baird at (305) 595-8185.
December 4, 2023
To get divorced in Florida with property and children involved, you will need to follow a few steps: 1. Determine if you are eligible: At least one spouse must have been a resident of Florida for at least six months before filing for divorce. 2. Consult with an attorney: Divorce can be a complex process, especially when property and children are involved. Seeking guidance from Attorney Baird with over 30 years of experience in family law will help ensure that you understand your rights, obligations, and the correct legal procedures to follow. 3. File the petition: To initiate the divorce process, you must file a petition for dissolution of marriage with the circuit court in the county where you or your spouse resides. The petition should include information about your marriage, property, and children. 4. Serve the petition: After filing the petition, you will need to serve your spouse with a copy of the papers. The court requires proper service through a sheriff's deputy or a private process server. Attorneys can also agree to accept service on behalf of a Respondent in a divorce case so that formal service on the individual will not be necessary. 5. Respond to the petition: If your spouse has been properly served with the divorce papers, they will have a certain period to respond. If they fail to respond within the given time frame, you may be eligible for a default judgment. 6. Parenting plan and child custody: If you and your spouse have children, both parties should create or agree upon a parenting plan, including child custody, visitation, and financial support arrangements. The court may require mediation to help reach an agreement, and if you cannot agree, a judge will make the determination based on the child's best interests. 7. Division of property and debts: Florida follows equitable distribution law, not community property law. This means that marital property includes assets and debts that are acquired during the marriage, but not prior to the marriage, in most cases. In some cases, however, pre-marital property may be deemed marital property, so you should consult with Attorney Baird to determine the likelihood of this applying in your situation. Marital property is divided fairly but not necessarily equally. You and your spouse can negotiate a settlement or, if you cannot agree, the court will make decisions on property division for you. 8. Finalize the divorce: Once all issues are resolved and agreed upon, you can proceed with finalizing the divorce. This involves preparing and signing a marital settlement agreement, attending a final hearing, and requesting a judge to grant the dissolution of the marriage. Note: Keep in mind that the process can vary depending on your specific circumstances and if any complications arise. It is highly recommended to seek legal counsel from Attorney Baird to guide you through the process and before coming to any agreements with your spouse to ensure you do not waive valuable legal rights.
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