FAQS

What is Uncontested Divorce?

This is where there is no opposition to the requests in the complaint/petition, meaning there is full agreement on the settlement of all issues at hand. Divorce lawyers can assist with such a matter. View Service

Do I Need A Reason To File For Divorce?

Not necessarily. You do need to choose the reasons why you are filing for divorce yet you can simply state that you and your spouse have compatibility issues. View Service

When Should I Seek Legal Advice?

It is highly suggested that individuals seek legal advice the very moment they consider divorce as a viable option. That can help avoid any confusions or misunderstandings between both parties and can also help protect the rights and limitations of each party. View Service

Is Divorce My Only Option?

No. Married couples can choose to live separate lives but remain legally married due to personal, religious or financial reasons along with the concern for their children and the avoidance of custody issues. But if needed, we have divorce lawyers for you. View Service

Where Can I Find Experienced & Affordable Family Law Counseling In Miami?

Finding modestly priced divorce lawyers who are dedicated, skillful, and also competent can be a difficult task to complete. The legitimate experts within Gallardo Law Firm are well versed and suited to all aspects of Family Law in South Florida and strive to provide only competitive and inexpensive legal counsel without lessening the outcomes of the case. View Service

How to Know If I Have the Best Divorce Lawyer?

Divorce lawyers take time to listen to all the ins-and-outs of your case including your concerns. They should always be easily accessible and ready to help. The best lawyers are highly educated and experienced while also being Florida bar certified. View Service

How to put a restraining order on someone?

To get a restraining order, you simply go to the court house, visit the clerks office and fill out a home abuse intake questionnaire. The victim should come with the filled form to the domestic abuse court in Miami. The clients may need a restraining order lawyer for their court appearance. However, for a temporary restraining order, the plaintiffs may not need a domestic violence attorney Miami for restraining orders. In the Clerks office, you may file order of protection law to go along with your restrain order. View Service

How much is it to get a restraining order legal protection?

There is no filing fee for home abuse cases. If you live outside the state, you may need to pay a sheriff serviceid fee. View Service

Can I put a restraining order against someone?

Any person can put a restraining order against someone. You have to be at least, 12 years of age to put a restrain order. View Service

long do restraining orders last? How long is a restraining order good for?

Temporary restraining orders last for three weeks. The order is not valid until the abuser gets notified of the restrained order. When the abuser goes to the court hearing, the judge will decide how long the restrain order will last. The orders can last up to 5 years. View Service

How to get a restraining order removed?

In order to get a restraining order, you need to speak to one of Gallardos lawyers. You need your Domestic violence attorney Miami to petition for a lift. Before filing this petition, you need to follow it for some time. This will prove your sincerity to the judge and to the person who filed the order against you. View Service

Can you get a fault divorce through home abuse?

No, the judge will always find fault against the abuser. Divorce law information clearly states that any partner guilty of household violence will always be at fault. It is not too hard proving domestic abuse divorce. View Service

How does domestic abuse affect society?

Home abuse causes a lot of harm to society. It is estimated that the total cost of injuries cost $44 million dollars a year. Household violence also causes homelessness. About 50% of all homeless are women and children fleeing from a domestic abusive family member. The entire cost of all lifetime victims exceeds the $96 billion dollars. View Service

How does home abuse affect children?

Home abuse affects children in many negative ways. Some may even grow up into future perpetrators of home abuse. Statistic shows that 20% of domestic abuse perpetrators where former victims of home abuse. View Service

Who does domestic abuse affect?

Domestic abuse affects the women and children. Children themselves may not be abused. However, they become traumatized when they see one of their parents engaging in home abuse. View Service

How does domestic abuse affect men?

According to 32-nation study by the University of New Hampshire, women are as likely as men to engage in household violence. However, men are rarely willing to talk about abuses. About 32% of men have experience some sort of home abuse perpetrated by a girlfriend. This rate was twice as large among teenage women. These women generally used to kick, push or threaten their male partners. They also use weapons more often than men. Based on the questionnaires below are the three main reasons why women abuse men:

Struck partner because he refused to listen. Struck partner because he was not being attentive to her needs. Struck partner to call his attention.

How does alcohol affect domestic abuse?

Many believe that the most home abuse comes about because of alcohol or substance abuse. However, abusers use substance abuse as an excuse to perpetrating home violence. Violence is used to exert control over a person. It does not technically come about when a person loses control. View Service

How does poverty affect domestic abuse?

Poverty has been known to increase the cases of household violence. This was well noted by the increase that occurred as a result of the 2008 recession. Their inability to get out of financial problems tends to frustrate the provider, making them angrier. They may at times perpetrate home abuse to vent their frustrations. View Service

How does domestic abuse affect health?

Aside from physical injuries, battered wives and husband may suffer from chronic pain, psychosomatic symptoms, and eating problems. Former abused women run higher risk of getting an unplanned pregnancy or a serious STDs. View Service

How does domestic abuse affect the economy?

Household violence puts a strain on the economy. Just having to pay for injuries costs millions of dollars a year. Victims themselves have a hard time becoming or staying productive members of society. Many must miss work at least 5 times, per month. This loss of productivity damages the economy. View Service

How much does a domestic abuse lawyer cost?

The fees depend on the case. Many law firms have flat fees, regardless of the case. View Service

Who are the ideal candidates to establish a division of tangible property?

All legally married couples that end their relationship have acquired common possessions that need to be distributed equally between the two after separation. View Service

If one spouse dies, what happens to the assets of the family?

If the person who has died didn’t leave a testament explaining how their assets are divided, then everything will be handed over to the widow or widower. View Service

I live with my partner for more than ten years, and we never got married. But a year ago we bought a house, which is under my partner’s name. What happens to this property in the future? Are we going to face any problems if we get separated?

Since the property is under one person’s name, you have no right over that house, but you could prove that you contributed to the purchase of the property, the monthly payments to the bank and the house’s maintenance, so as to begin a legal battle for equitable division of property in Miami, Florida. View Service

During my marriage, I spent most of the time alone in the house taking care of the children while my husband had the opportunity to excel professionally and get a good job. What happens with the distribution of marital assets in case we split up?

Under Family laws in Florida, every married couple has the right to divide their assets equally. But in your particular case, the judge would make an exception, since it can be proved that your spouse is well financially thanks to your work and efforts when you spent so much time at home taking care of the children; and were unable to advance your career or find a good job to keep you financially stable in case a separation occurs. View Service

Will I stay with the house if I have permanent custody of our children?

The most important thing is the welfare of your children. If you live together with the kids, and the judge ruled that you have permanent custody of the children, then the house could be yours. It’s not advisable to take your children out of their natural environment, and change schools where they already feel comfortable. But you must decide with the Equal Housing Fund of Florida how you can pay your spouse the part of the house that belongs to them. View Service

What happens if I sign a prenup before marriage?

With the prenuptial agreement, you are not entitled to the assets obtained during the marriage, in case of separation. Therefore, we recommend that if you sign a prenuptial agreement, then you are careful with the possessions acquired that are not legally under your name. View Service

Who are the ideal candidates to establish a prenuptial agreement?

Prenuptial agreements are established by people who need to ensure the preservation of all their assets in the event of a separation. View Service

If I get separated, will I have equal housing opportunity?

Yes, of course, if you are legally married, after a separation, you have the right to request the equal division of any real estate that includes everything that you accumulated during that time, including the division of mobile homes. View Service

Is it necessary that the other person who signed the divorce decree with me be informed of a change in my financial economy?

Yes, it is. The agreement for the divorce decree was established based on the information obtained at the moment of divorce. The judge states to report any financial changes to the court as it happens. View Service