Vivian C. Rodriguez P.A.

Florida Divorce & Paternity Lawyer / Abogado de Divorcio & Paternidad - Miami-Dade County, FL 786-372-0484
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Information For:
 Florida Divorce, Child Support, Paternity and Domestic Violence

 

If any of the situations described below are applicable to you, then you will find information here that can help you decide what steps to take next.

 

"Start Looking for Solutions to Your Legal Problem Using These Four Steps"

 
 
#1 - Where Are You in Relation to Your Family Legal Problem? 
 
This is the first step in finding a solution to your divorce, paternity or domestic violence action. For example:
 
  • Do You or Your Spouse Want a Divorce? If so, you need information to better protect and prepare yourself for the outcome, including information on legal rights arising from the marriage; and available options to getting it done through litigation or without litigation using other alternatives, like mediation and collaborative efforts.
 
  • Are You Headed Back to Court? This may be the case either because you need the court to resolve a matter that has arisen since the divorce decree (or final judgment) was entered, or because your former spouse is asking the court to address such a new matter.  This could be anything, from enforcing or modifying the time-sharing arrangement and/or the child support obligation if there are children; enforcing or modifying alimony provisions, if any; or enforcement of other provisions in a final judgment.

 

  • Do You Need  to Establish Rights or Obligations in Connection with a Child Born Outside of Marriage?    As a parent of a child born to an unmarried couple, there are rights and obligations you may need to know about or establish, including the right to make decisions affecting the welfare and upbringing of the child, spending time with the child, and child support obligations.
 
  • Are You a Victim of Domestic Violence or Have You Been  Accused of Domestic Violence:  These issues can arise in or outside of marriage when the parties have a relationship recognized by Florida's domestic violence statute. 
 
#2 - What Should You Do?
 
The next step is to educate yourself, sometimes even before you see a lawyer.
 
This site and many others like it, including State sites, can offer you basic information about divorce, paternity, and domestic violence in Florida.  The Florida Bar provides information and guides you can download free of charge directly from your computer, and this includes information on divorce, adoption, paternity, guardianships.  Visit their Consumer Information Page.  Keep in mind, however, that nothing will substitute for specific legal advice.
 
Part of the uncertainty in resolving legal issues comes from the fact that laws change, they are not static. For example:
 
  • In early 2010 changes were made to the child support guidelines, and the alimony provisions of the divorce statutes.
  • In 2009 changes were made to the Relocation Statute which provides a framework for divorce or divorcing parents who want to move elsewhere during or after the process of divorce, and who wish to take the child with them.
  • In 2008, Florida changed what we formerly knew as the "Custody Statute," Section 61.13, F.S.  Changes to this Section did away with the term "custody," among other things, in an attempt to provide better solutions in preserving the important and delicate nature of the parent-child relationship after a divorce or in a paternity.  These changes in the law apply to any changes or modification to the "custody" arrangements already in place for older cases where the children have not yet become adults.
 
 
Not only do you need to know about the laws applicable to your case, but also how to actually apply it to your situation so you can determine what the likely solution will be for you and how to best approach the problem (in or out of court) to resolve it in a way that works for you. 
 
If you need a professional to help you in resolving the problem, get help from a Florida lawyer who practices in the areas of divorce, paternity and domestic violence.  An experienced family attorney keeps up to date with the law, and can provide you a legal opinion as to a likely outcome for your situation.   
 
Family attorneys can also provide you alternatives to resolving legal problems, even in the middle of a contested or litigated case.  These alternatives may not necessarily involve a long process in the courts.
 

 

#3 -  How to Prepare Yourself to Meet With a Divorce of Paternity Lawyer

 

Consultations with attorneys, free or for a fee, will most likely have very little or limited value to you unless you know what questions you need answered.

 

But to know what questions you need answered you first need to know more about how the courts and the law deal with your problem.  This is part of educating yourself to know what questions to ask regarding your situation.

 

As you find out information, write down any questions that come up about your situation.  As the old cliché goes, there are no stupid questions.  

 

When you meet with an attorney, take your list of questions with you.  Ask each and every one of those questions; and any follow-up questions that come up during your meeting with the attorney.

 
#4 - If You Need a Family Lawyer, How Can You Best Pay For Services?
 
Legal services are traditionally provided at an hourly rate, which often leads to the perception that legal representation is only for the wealthy among us.  It also makes some decide not to protect their rights by having an attorney represent them.
 
But there is an alternative to hourly fees for legal services.  A flat-fee arrangement may work for you as an affordable way to get your family problem resolved.  At Vivian C. Rodriguez P.A.,  we offer you the option of choosing from the traditional hourly fee or from a flat fee for all our services.  Regardless of how you choose to pay for our services, we always give you full and personalized service.  We recognize that your situation is unique to you, and we provide a unique way for you to pay for the solutions you need.
 
Regardless of how you decide to pay for your fees, you need to understand how your attorney bills for her or his time in working with you and for your case.  You also need to address the issue of costs that have nothing to do with your attorney's services.  Understanding the billing arrangement will avoid nasty surprises later.
 
If you cannot afford an attorney, contact a legal aid organization in your area or the self-help centers usually provided  by the individual Circuit Courts.
 
To Summarize
 
To resolve family legal issues through our court system, you need:
 
1-  information on the law applicable to your problem;

2-  to follow the process/procedure to resolve the problem, either on your own or with the help of a family lawyer;

3-  available alternatives to going into court; and how much they can cost you financially, which may or may not include hiring a lawyer, depending on how willing you are to dedicate time to find out what you need to do and then to do it; 

4-  to know about the possible (not guaranteed) outcomes for your situation; and
 
5-  when you decide you need help, to engage the services of a family lawyer to help you resolve the problem as quickly as possible within the framework of the court system or to use the self-help centers provided by the Courts.
 
How Can We Help You?  Please visit Who We Serve to find out how whether we can help you. 
 
Please browse this site for further information about divorce in Florida, how we can help you with your Florida divorce, how we work,  and resources for divorce in Florida for links to outside sources such as our Florida Court System, Child Support Enforcement, and links related to divorce, domestic violence, etc.
 
For assistance with your family legal issue, contact us for a Case Assessment Session.


 
Vivian C. Rodriguez practices law in Florida since 1988.  During that time she has helped individuals solve their family legal issues, providing representation at all stages of a case so they can  protect their rights, including litigating or negotiation on their behalf.  She is also a family mediator.

Vivian C. Rodriguez P.A.
Tel: 305-710-9419
Fax: 877-387-6285
Mailing Address:  2520 SW 22 St, #2-041
Miami, FL 33145
Email 
 
Physical Address:  330 SW 27th Ave, Ste 609, Miami, FL 33135.
Hours by Appointment Only