Kendall Divorce Attorney
The Law Firm of Jeffrey Alan Aenlle, PLLC represents clients in divorce and family law matters in Kendall, Florida. Located in Brickell at 1221 Brickell Avenue, Suite 900, Miami, Florida 33131, the firm handles dissolution of marriage, alimony, timesharing, child support, paternity, prenuptial agreements, postnuptial agreements, and equitable distribution for Kendall residents in the Eleventh Judicial Circuit Court in Miami-Dade County. Attorney Jeffrey Alan Aenlle has practiced Florida family law exclusively since his admission to the Florida Bar in 2011.
Family Law Representation in Kendall
Kendall is one of the largest unincorporated communities in Miami-Dade County and one of the most populous suburban areas in South Florida. Stretching across a broad swath of western Miami-Dade County, Kendall is home to a large and diverse population of families, professionals, business owners, and long-term residents whose family law matters reflect the full range of issues addressed by the Florida Family Law Rules of Procedure and the Florida Statutes. From contested divorces involving family homes, retirement accounts, and small business interests to timesharing disputes and child support modifications, the Kendall community generates a significant volume of family law proceedings before the Eleventh Judicial Circuit Court each year.
The firm represents Kendall clients in dissolution of marriage, uncontested and contested divorce, alimony, child support, timesharing and parental responsibility, paternity, prenuptial and postnuptial agreements, equitable distribution of marital assets and liabilities, parental relocation, and post-judgment modification of existing court orders. Every matter is handled personally by attorney Jeffrey Alan Aenlle before the Eleventh Judicial Circuit Court in Miami-Dade County.
Where Kendall Family Law Cases Are Heard
Kendall is an unincorporated community within Miami-Dade County. All family law cases for Kendall residents are filed in the Eleventh Judicial Circuit Court, Miami-Dade County. The primary family law courthouse is the Lawson E. Thomas Courthouse Center, located at 175 NW 1st Avenue, Miami, Florida 33128. Under Fla. Stat. § 61.021, at least one of the parties must have been a Florida resident for a minimum of six months prior to filing a petition for dissolution of marriage.
Divorce in Kendall, Florida
Florida is a no-fault divorce state. Under Fla. Stat. § 61.052, the only ground required to obtain a dissolution of marriage in Florida is that the marriage is irretrievably broken. Neither party is required to prove fault, adultery, or misconduct. The no-fault standard applies to all Kendall dissolution proceedings regardless of the circumstances surrounding the breakdown of the marriage.
Divorce proceedings for Kendall residents frequently involve the equitable distribution of the marital home, retirement and investment accounts, vehicles, and small business or professional practice interests. Under Fla. Stat. § 61.075, the court begins with the presumption that marital assets and liabilities should be divided equally between the spouses, subject to justification for an unequal distribution based on the statutory factors. The marital home is often the single largest marital asset in a Kendall divorce and requires careful consideration of current market value, outstanding mortgage obligations, and each spouse’s financial ability to retain or refinance the property.
The Marital Home in a Kendall Divorce
For many Kendall families, the marital home represents the most significant asset in the dissolution proceeding. Florida law requires the court to classify the home as marital or nonmarital and, if marital, to determine how its equity should be distributed equitably between the parties. Common options include one spouse buying out the other’s interest and refinancing the mortgage solely in that spouse’s name, an agreed sale of the property with division of the net proceeds, or, in cases involving minor children, a deferred sale arrangement that allows the children to remain in the home until a specified event such as the youngest child reaching the age of majority.
Where one spouse made a down payment using premarital funds or an inheritance, that contribution may support a claim for a nonmarital interest in the property subject to proper tracing under Fla. Stat. § 61.075. Accurate current appraisal and careful analysis of the mortgage and title history are essential to addressing the marital home correctly in any Kendall dissolution proceeding.
Alimony in Kendall Divorce Cases
Alimony is a significant issue in many Kendall divorce proceedings, particularly in longer-duration marriages in which one spouse reduced or abandoned employment to manage the household or care for children. Under the 2023 amendments to Fla. Stat. § 61.08, effective for petitions filed on or after July 1, 2023, Florida courts may award durational alimony, rehabilitative alimony, bridge-the-gap alimony, or temporary alimony. Permanent alimony was eliminated for petitions filed on or after that date.
The court considers the statutory factors in Fla. Stat. § 61.08 in determining whether alimony is appropriate and in what amount and for what duration. These factors include the standard of living established during the marriage, the length of the marriage, the financial resources and earning capacity of each spouse, the age and health of each party, and the contributions each spouse made to the marriage including homemaking, child-rearing, and career-related sacrifices. For Kendall marriages of moderate to long duration where one spouse was the primary wage earner and the other the primary caregiver, alimony analysis is an essential component of dissolution planning from the outset of the case.
Timesharing and Parental Responsibility in Kendall
Timesharing and parental responsibility disputes are among the most common and most contested family law issues arising from Kendall divorce and paternity proceedings. Florida law requires the court to establish a parenting plan under Fla. Stat. § 61.13 that addresses the timesharing schedule and the allocation of parental responsibility for major decisions affecting the child, including education, healthcare, and extracurricular activities. Florida does not use the terms “custody” or “visitation.”
Effective July 1, 2023, Florida law establishes a rebuttable presumption that equal timesharing is in the best interests of the minor child. Either party may rebut this presumption through competent evidence that equal timesharing is not appropriate based on the statutory factors in Fla. Stat. § 61.13(3). In Kendall, where many families are served by specific school zones and where distance between parents’ residences can affect the practicality of equal timesharing, the parenting plan must address transportation logistics, school pickup and drop-off arrangements, and holiday and school break schedules in sufficient detail to avoid future disputes.
Child Support in Kendall Divorce and Paternity Cases
Child support in Florida is calculated under the income shares model set forth in Fla. Stat. § 61.30. The calculation considers the combined net income of both parents, the number of children, the cost of health insurance for the children, childcare costs, and the number of overnight timesharing days each parent exercises. Deviations from the guideline amount are permitted where the court finds that the guideline amount would be unjust or inappropriate based on the circumstances, but departures must be supported by written findings.
Child support orders are subject to modification upon a showing of a substantial change in circumstances under Fla. Stat. § 61.30(1)(b). Common grounds for modification in Kendall cases include a significant change in either parent’s income, a substantial change in the timesharing schedule, or a material change in the child’s needs. The Law Firm of Jeffrey Alan Aenlle, PLLC handles both initial child support determinations and post-judgment modification proceedings for Kendall clients.
Serving Kendall and Surrounding Communities
In addition to Kendall, the firm represents clients from Pinecrest, South Miami, Westchester, Palmetto Bay, Cutler Bay, and other southwestern Miami-Dade County communities. For a complete overview of the firm’s Miami-Dade service area, visit our Miami-Dade County family law page.
Frequently Asked Questions: Kendall Divorce Attorney
Where is my divorce case filed if I live in Kendall?
Kendall is an unincorporated community within Miami-Dade County. Your divorce case will be filed in the Eleventh Judicial Circuit Court, Miami-Dade County, at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami, Florida 33128. At least one spouse must have been a Florida resident for a minimum of six months prior to filing the petition for dissolution of marriage under Fla. Stat. § 61.021.
What happens to the family home in a Kendall divorce?
The marital home is typically the most significant asset in a Kendall dissolution proceeding. If purchased during the marriage with marital funds, it is a marital asset subject to equitable distribution under Fla. Stat. § 61.075. Common outcomes include one spouse buying out the other’s equity and refinancing the mortgage, an agreed sale with division of net proceeds, or a deferred sale arrangement allowing minor children to remain in the home until a triggering event. Where one spouse contributed premarital funds toward the down payment, a nonmarital interest claim may be asserted subject to proper tracing of those funds.
How is child support calculated in Florida?
Florida child support is calculated under the income shares model in Fla. Stat. § 61.30. The calculation considers the combined net income of both parents, the number of children, the cost of health insurance for the children, childcare costs necessary for employment, and the number of overnights each parent exercises. The resulting guideline amount may be adjusted upward or downward where the court finds that the standard amount would be unjust or inappropriate, but any deviation must be supported by written findings explaining the basis for the departure.
Does Florida favor equal timesharing in Kendall cases?
Yes. Effective July 1, 2023, Florida law establishes a rebuttable presumption that equal timesharing is in the best interests of the minor child under Fla. Stat. § 61.13. Either party may rebut this presumption through competent evidence based on the statutory factors. In Kendall, where school zones and the distance between parents’ homes can affect the day-to-day practicality of equal timesharing, the parenting plan must address transportation, school logistics, and holiday schedules in sufficient detail to minimize future conflict.
How is alimony determined in a Kendall divorce?
Florida courts consider the statutory factors in Fla. Stat. § 61.08, including the standard of living during the marriage, the length of the marriage, the financial resources and earning capacity of each spouse, age and health, and each party’s contributions to the marriage. The 2023 amendments to Fla. Stat. § 61.08, effective for petitions filed on or after July 1, 2023, eliminated permanent alimony and introduced durational caps tied to the length of the marriage. There is no fixed formula. The court determines alimony based on the totality of the circumstances in each individual case.
Can I modify my child support or timesharing order after the divorce?
Yes. Both child support and timesharing orders are subject to modification upon a showing of a substantial change in circumstances that is material, permanent, and unanticipated at the time of the original order. For child support, common grounds include a significant change in either parent’s income or a substantial change in the timesharing schedule. For timesharing, the moving party must demonstrate that the modification sought is in the best interests of the child. The Law Firm of Jeffrey Alan Aenlle, PLLC handles post-judgment modification proceedings for Kendall clients in the Eleventh Judicial Circuit.
Is Florida a 50/50 divorce state?
Florida is an equitable distribution state. Under Fla. Stat. § 61.075, the court begins with the presumption that marital assets and liabilities should be divided equally between the spouses. However, the court may order an unequal distribution where supported by the statutory factors, including the duration of the marriage, each spouse’s economic circumstances, intentional dissipation of marital assets, and contributions to the acquisition and improvement of marital property. Equal division is the starting point, not an absolute rule.
How long does a divorce take in Miami-Dade County?
An uncontested divorce in Miami-Dade County where all issues are resolved prior to filing can be finalized in as little as four to six weeks. A contested divorce involving disputed property, alimony, or timesharing typically takes between six months and two years depending on the complexity of the issues, the court’s docket, and whether the matter proceeds to trial. Mediation is required in most Miami-Dade family law cases before the matter can be set for trial and can provide an efficient path to resolution where both parties are prepared to negotiate in good faith.
Schedule a Free Consultation with a Kendall Divorce Attorney
If you are facing a divorce or family law matter in Kendall, contact the Law Firm of Jeffrey Alan Aenlle, PLLC today to schedule a free consultation. The firm represents clients at every stage of family law proceedings before the Eleventh Judicial Circuit Court in Miami-Dade County.