Miami Family Law Legal Services

Navigating the complexities of family law can be emotionally challenging and legally intricate. At the Law Office of Adriana P. Santiesteban at, we are committed to providing compassionate and effective legal support to individuals and families in Miami facing family-related legal matters. Miami Family Law Attorney Adriana P. Santiesteban, Esq. and her team understands that these issues are deeply personal and can significantly impact your life and the lives of your loved ones. We strive to guide you through these difficult times with sensitivity, professionalism, and a steadfast dedication to protecting your rights and interests.

Attorney Santiesteban brings a wealth of experience and a personalized approach to each case, ensuring that you receive the attentive service you deserve. Whether you’re dealing with divorce, child custody disputes, or the need for protective orders, we are here to help you make informed decisions and achieve the best possible outcomes.

Divorce Proceedings

Guiding You Through the Transition

Divorce is a significant life event that involves the legal dissolution of a marriage. It can be one of the most stressful experiences, affecting your emotional well-being, financial stability, and family dynamics. Our firm is dedicated to making this transition as smooth as possible by providing clear guidance and strong representation.

Types of Divorce:

  • Contested Divorce: Occurs when spouses cannot agree on one or more key issues such as asset division, alimony, child custody, or support.
  • Uncontested Divorce: Both parties agree on all terms, allowing for a quicker and less adversarial process.

Our Services Include:

  • Filing and Response: Assisting with the preparation and filing of divorce petitions or responses.
  • Asset and Debt Division: Ensuring equitable distribution of marital property and debts.
  • Negotiation and Mediation: Facilitating discussions to reach amicable agreements outside of court.
  • Litigation: Representing you in court when negotiations fail to resolve disputes.

Considerations in Divorce Proceedings:

  • Florida is a “No-Fault” Divorce State: You don’t need to prove wrongdoing to file for divorce; stating that the marriage is “irretrievably broken” is sufficient.
  • Equitable Distribution: Assets and debts are divided fairly, though not necessarily equally, based on various factors like the length of the marriage and each spouse’s contributions.

Child Custody and Support

Prioritizing the Best Interests of Your Children

Child custody and support are often the most sensitive and critical aspects of a divorce or separation. Florida law focuses on the best interests of the child, aiming to provide a stable and supportive environment.

Types of Custody:

  • Legal Custody: The right to make major decisions about the child’s life (education, healthcare, religion).
  • Physical Custody: Where and with whom the child lives.
  • Shared Parental Responsibility: Both parents retain full parental rights and responsibilities, sharing decision-making.

Our Services Include:

  • Parenting Plans: Developing comprehensive plans that outline custody arrangements, visitation schedules, and decision-making responsibilities.
  • Child Support Calculations: Determining appropriate support payments based on state guidelines, considering factors like each parent’s income and the child’s needs.
  • Modification and Enforcement: Assisting with changes to custody or support orders and enforcing existing orders when one party fails to comply.

Key Considerations:

  • Time-Sharing Schedules: Courts prefer arrangements that allow both parents significant time with the child unless it’s not in the child’s best interest.
  • Relocation Issues: Addressing situations where one parent wishes to move with the child, requiring court approval if it significantly affects the other parent’s time-sharing.

Alimony/Spousal Support

Ensuring Fair Financial Support

Alimony, or spousal support, is financial assistance provided from one spouse to another during or after a divorce. It aims to alleviate economic disparities between spouses, allowing the lower-earning spouse to maintain a similar standard of living.

Types of Alimony in Florida:

  • Temporary Alimony: Support provided during the divorce proceedings.
  • Bridge-the-Gap Alimony: Short-term assistance to transition from married to single life.
  • Rehabilitative Alimony: Support to help a spouse gain education or training for self-sufficiency.
  • Durational Alimony: Set for a specific period, not exceeding the length of the marriage.
  • Permanent Alimony: Ongoing support, typically for long-term marriages.

Our Services Include:

  • Assessment: Evaluating factors like the length of the marriage, each spouse’s financial resources, earning capacities, and contributions to the marriage.
  • Negotiation: Working towards fair alimony agreements that consider both parties’ needs and abilities.
  • Modification and Termination: Assisting with changes to alimony orders due to significant life changes, such as remarriage or changes in income.

Important Factors:

  • Standard of Living: Courts consider the standard of living established during the marriage.
  • Tax Implications: Understanding how alimony payments affect tax obligations for both parties.

Prenuptial and Postnuptial Agreements

Protecting Your Assets and Interests

Prenuptial and postnuptial agreements are legal contracts entered into before or after marriage, respectively. They outline how assets, debts, and other financial matters will be handled in the event of divorce or death.

Benefits of These Agreements:

  • Asset Protection: Safeguarding personal assets acquired before or during the marriage.
  • Debt Responsibility: Clarifying who is responsible for debts.
  • Business Interests: Protecting ownership and control of business assets.
  • Estate Planning: Ensuring certain assets are preserved for children from previous relationships.

Our Services Include:

  • Drafting Agreements: Creating clear and enforceable documents that reflect your intentions.
  • Review and Negotiation: Evaluating proposed agreements and negotiating terms that are fair and acceptable.
  • Legal Compliance: Ensuring agreements meet Florida’s legal requirements to be considered valid.

Key Considerations:

  • Full Disclosure: Both parties must fully disclose their financial situations.
  • Voluntariness: Agreements must be entered into without coercion or undue pressure.

Domestic Violence

Providing Protection and Legal Recourse

Domestic violence is a serious issue that can have profound physical and emotional impacts. It includes physical harm, threats, harassment, stalking, or any form of abuse between family or household members.

Immediate Steps for Victims:

  • Safety Planning: Ensuring immediate safety for you and your children.
  • Injunctions for Protection: Also known as restraining orders, these legal orders can prohibit the abuser from contacting or approaching you.

Our Services Include:

  • Filing for Protective Orders: Assisting with the paperwork and court appearances to obtain injunctions.
  • Legal Representation: Advocating for your rights in court proceedings related to domestic violence.
  • Divorce and Custody Implications: Addressing how domestic violence affects divorce settlements and custody arrangements.

Supportive Resources:

  • Counseling Referrals: Connecting you with professional support services.
  • Emergency Assistance: Guiding you on accessing shelters and crisis intervention services.

Legal Protections:

  • No Contact Orders: Preventing the abuser from making any form of contact.
  • Temporary Custody Orders: Ensuring the safety and well-being of children involved.

Our Approach

Empathetic and Strategic Legal Advocacy

At the Law Office of Adriana P. Santiesteban, we recognize that family law matters require not only legal expertise but also empathy and understanding. Our approach combines compassionate client care with assertive legal representation.

Client-Centered Focus:

  • Personalized Attention: We take the time to listen to your concerns and goals.
  • Transparent Communication: Keeping you informed about your case’s progress and explaining legal terms and procedures clearly.
  • Confidentiality: Maintaining strict privacy regarding your personal and legal matters.

Strategic Legal Planning:

  • Customized Strategies: Developing legal plans tailored to your unique circumstances.
  • Collaborative Efforts: Working with financial advisors, counselors, and other professionals when necessary.
  • Alternative Dispute Resolution: Exploring mediation and negotiation to resolve issues amicably and efficiently.

Advocacy and Representation:

  • Strong Courtroom Presence: Prepared to litigate aggressively to protect your rights when necessary.
  • Protecting Children’s Interests: Always prioritizing the well-being of any children involved.

Why Choose Us

  • Experienced Representation: Attorney Santiesteban has extensive experience handling a wide range of family law cases.
  • Compassionate Support: We provide a supportive environment to help you navigate emotional challenges.
  • Dedicated Service: Our firm is committed to achieving the best possible outcomes for our clients.
  • Multilingual Staff: Fluent in English and Spanish, we cater to the diverse Miami community.
  • Accessible and Responsive: We are readily available to address your questions and concerns promptly.

Contact Us

Take the First Step Toward Resolution

Family law matters require prompt and attentive action. The Law Office of Adriana P. Santiesteban is here to provide the legal support and guidance you need. Contact us today to schedule a confidential consultation.

Phone: (786) 360-2122
Email: Adriana@Attorneyaps.com
Address: 11890 SW 8th Street, Suite 406, Miami, FL 33184

Frequently Asked Questions (FAQs)

Q: How long does it take to get a divorce in Florida?
A: The timeframe varies depending on whether the divorce is contested or uncontested. An uncontested divorce can be finalized in as little as a few weeks to a few months, while a contested divorce may take several months to over a year due to court schedules and the complexity of disputes.

Q: What factors does the court consider in child custody decisions?
A: The court considers the child’s best interests, including the ability of each parent to provide for the child’s needs, the child’s relationship with each parent, the moral fitness of the parents, and, in some cases, the child’s preference.

Q: Can alimony be modified after the divorce is final?
A: Yes, alimony can be modified if there is a substantial change in circumstances, such as a significant change in income, employment status, or financial needs of either party.

Q: Are prenuptial agreements enforceable in Florida?
A: Prenuptial agreements are generally enforceable if they meet legal requirements, including full financial disclosure and voluntary execution without duress or coercion. It’s crucial that both parties have independent legal counsel.

Q: What should I do if I am a victim of domestic violence?
A: Your safety is the top priority. Contact law enforcement immediately if you are in danger. Seek medical attention if needed, and consider obtaining a protective order. Our firm can assist you in taking legal action to protect yourself and your family.

Q: Do grandparents have visitation rights in Florida?
A: Grandparents may petition for visitation rights under specific circumstances, such as when the child’s parents are deceased, missing, or in a persistent vegetative state, or when a parent has been convicted of a felony offense that poses a substantial threat of harm to the child.

Q: How is child support calculated?
A: Child support in Florida is calculated using state guidelines that consider both parents’ incomes, the number of children, health care costs, childcare expenses, and the amount of time each parent spends with the child.

Q: What is the difference between legal and physical custody?
A: Legal custody refers to the right to make significant decisions about the child’s life, while physical custody pertains to where the child lives. Parents can share both legal and physical custody or have one parent designated as the primary custodian.

Q: Can I relocate with my child after a divorce?
A: Relocation (moving more than 50 miles away) requires either the consent of the other parent or court approval. The court will consider whether the move is in the best interest of the child.

Q: What if my ex-spouse is not complying with the custody or support order?
A: You can file a motion with the court to enforce the order. The court may take actions such as modifying the order, imposing fines, or even jail time for non-compliance.

Empower Yourself with Knowledge and Support

Family law issues can be overwhelming, but you don’t have to face them alone. The Law Office of Adriana P. Santiesteban is dedicated to providing the guidance and representation you need to navigate these challenging times. Contact us today to learn how we can assist you.