February 2023 - Casais & Prias Law

If you want to end your marriage, you need to hire an attorney who specializes in same sex divorce in Coral Gables. Our LGBTQ family lawyer explains.

Although same sex divorce has the same rules as heterosexual divorce, there are some details unique to the same sex community that can make divorce tricky. In 2015, same sex couples gained the same rights and responsibilities as heterosexual couples when they marry and when they divorce. Regardless of where your marriage took place, if you have been served with divorce papers or are seeking a divorce in Florida, our family attorney at Casais & Prias can help.

Equitable Distribution

Many same sex couples were together for years, even decades, before same sex marriage became legal nationwide. They may have purchased homes and vehicles, and obtained other assets before they were legally married. The issue with these assets is that they likely will not figure into the marital assets considered by the judge. Florida does not recognize common law spouses, so any assets obtained prior to marriage would not be divided.

For example, if the couple purchased a home in one person’s name and the other person was not added to the deed after they were married, the house would remain the property of the person on the deed. An experienced family attorney representing you in your same sex divorce in Coral Gables is the best way to ensure that your rights are protected. We will fight to obtain the assets that you are entitled to.

Alimony

Similar to assets acquired before marriage, alimony is solely based on the time the couple was married. Even if a couple lived together for 20 years before they got married, if they were only married for five years, alimony would only be based on five years. The standard basis for an alimony settlement is:

Income and earnings of both spouses

Length of the marriage

Needs of each spouse

Financial investments brought by each spouse to the marriage

This settlement can get murky when a majority of the relationship happened before marriage, and the length of the marriage has a disproportionate impact on the amount of alimony that could be awarded. This is why you need legal representation when alimony is on the table. Our experience with same sex divorce in Coral Gables makes us a helpful partner to have representing your best interests.

Child Custody

When children are involved, a divorce can be more complex. The courts can give preference to the biological parent even though parental responsibility strives to give equal responsibility to both parents. Custody can be more difficult in a same sex divorce because the child is either biologically related to only one parent or, in the case of adoption, neither parent.

To ensure that you have parental rights for your child, you must take these steps prior to your divorce:

If your spouse had a child before you were married, you need to adopt the child to establish parental rights.

If the child was born after you were married, and you are not the biological parent, you need to adopt the child to establish parental rights.

If the child was adopted during your marriage, you should adopt the child or include your name on the birth certificate.

Once parental rights are established, the courts should award equal time-sharing arrangements for each parent while always keeping the child’s best interests in mind.

Casais & Prias Can Help With Your Same Sex Divorce In Coral Gables

If you have questions about your divorce, custody, alimony, or any other matters of family law, contact us today. We can schedule a free case evaluation and devise a strategy that protects your rights. We look forward to working with you.

As a landlord, it is your responsibility to handle evictions lawfully. If you are unsure how to evict a tenant for non-payment of rent, our Coral Gables landlord attorney has some advice.

Managing rental units can be a lucrative business with a substantial income stream. That income comes from the rental tenants, so when they do not pay, it is a landlord’s legal right to have them removed from the rental property. But how do you do it? Our Coral Gables landlord attorney at Casais & Prias has helped many landlords through the eviction process and has legal advice for you if you have a non-paying tenant.

What Can You Evict A Tenant For In Florida?

The three most common reasons for eviction in Florida are:

Non-payment of rent.
Failure to follow the terms of the lease agreement.
Failure to maintain the rental unit according to the standards set by Florida law.

What Is The Legal Process For Eviction In Florida?

When you follow these steps laid out by our Coral Gables landlord attorney, you should have a smooth eviction process that does not leave you open to legal action against you.

Step 1: Give Proper Notice

This is the first step in the eviction process. The amount of notice required depends on the type of violation. Many courts require proof that the tenant received notice of eviction so the landlord should use certified mail, return receipt, or post the notice in a conspicuous place on the property.

Three-Day Notice – This type of notice is given for failure to pay rent. It states that a tenant has three days to pay the rent that is due. The notice must state that if rent is not paid by the end of this three-day period, the rental agreement will be terminated. At that time, the landlord can begin a lawsuit against the tenant.
Seven-Day Notice – This type of notice is given when there has been a violation in the rental agreement and it allows the tenant to “cure” the violation within the seven-day period.
Seven-Day Unconditional Quit Notice – If the violation cannot be cured or corrected, this notice lets the tenant know that they have seven days to vacate the property or be subject to an eviction lawsuit.

Step 2: Write Your Complaint And File Your Lawsuit

Once a landlord has complied with the three- or seven-day period, they can file a lawsuit against the tenant for non-payment of rent. This lawsuit needs to be filed in the courthouse of the county where the rental property is located. The lawsuit must contain the following information:

Eviction complaint
Stamped and addressed envelope
Landlord’s contact information
Property location
Specific violations committed by the tenant
Request for eviction

The landlord should also attach a copy of the lease agreement (if there is one) and a copy of the eviction notice that was sent to the tenant.

Step 3: Serve The Tenant With The Eviction Lawsuit

This step must be completed by the Sheriff’s Office or the landlord can choose to hire a company to serve the tenant. The tenant has five days from the date of being served to file a written response with the court.

Step 4: Court Hearing

At the court hearing, the judge will review the lawsuit. The landlord must be present at this hearing and will be expected to give testimony. If the judge rules in the landlord’s favor, they will be awarded possession of the unit. The judgment will be sent to the county clerk and the landlord will receive a Writ of Possession.

Step 5: Eviction

After the Sheriff’s Deputy serves the tenant with the Writ of Possession, they have 24 hours to vacate the property or be forcibly removed by the Sheriff’s office.

How Our Coral Gables Landlord Attorney Can Help

As you can see, the eviction process can be complicated and, if you do not follow each step precisely, it can cost you time and money. Hiring an eviction attorney can help expedite the process so that you can continue to earn on your rental investment. Contact our offices today with any questions you have about the eviction process. We look forward to working with you.

Month: February 2023

Why You Need An LGBTQ Family Lawyer For Your Same-Sex Divorce In Coral Gables