Miami Family Law Attorney

When the legal structure of your family is at stake, the Miami family law attorney you choose will have a direct and lasting impact on the outcome of your case. The Law Firm of Jeffrey Alan Aenlle, PLLC represents individuals and families throughout Miami-Dade County in the full range of Florida family law matters, including dissolution of marriage, alimony, timesharing and parental responsibility, child support, paternity, and prenuptial and postnuptial agreements. Attorney Jeffrey Alan Aenlle has practiced Florida family law exclusively since his admission to the Florida Bar in 2011, and the firm’s practice is concentrated in the Eleventh Judicial Circuit Family Division in Miami-Dade County.

Family law encompasses the legal issues that alter the structure of the family unit. Under Florida law, those issues are governed by Chapter 61 and Chapter 742 of the Florida Statutes and are litigated before the Circuit Court, Family Division. Whether you are navigating a contested dissolution of marriage, establishing or modifying a parenting plan, seeking or defending an alimony claim, or preparing a prenuptial agreement before your marriage, the legal decisions made in these proceedings carry consequences that extend far into the future. Our firm’s commitment is to provide every client with clear legal guidance, honest assessments of their options, and effective representation grounded in Florida law and the realities of the South Florida family court system.

Our Approach to Family Law in Miami

Every family law matter begins with the same foundational question: what do you want your life to look like when this is over? Florida’s family law system provides a framework, but within that framework there is often meaningful room to shape outcomes that reflect your priorities, protect your financial interests, and establish a family structure that works for you and your children going forward. The Law Firm of Jeffrey Alan Aenlle, PLLC approaches every case by first understanding what you want to achieve, then developing a legal strategy designed to pursue that objective as efficiently and effectively as possible.

Our firm’s strength is in the development of practical, creative legal solutions that are the most expedient and least financially and emotionally disruptive to your family. We do this by ensuring that every client understands the advantages and disadvantages of each available legal option before making a decision, so that the choices you make in your case are informed, deliberate, and aligned with your long-term goals. We provide a free initial consultation in which we discuss your concerns, identify the legal and practical issues specific to your situation, and give you a clear picture of what to expect from the process.

Dissolution of Marriage in Florida

Florida is a no-fault dissolution state, meaning that either spouse may petition for dissolution of marriage under Fla. Stat. § 61.052 based solely on the ground that the marriage is irretrievably broken. The dissolution process in Florida encompasses the resolution of all marital issues, including equitable distribution of marital assets and liabilities under Fla. Stat. § 61.075, alimony under Fla. Stat. § 61.08, and, where minor children are involved, the establishment of a parenting plan addressing timesharing and parental responsibility under Fla. Stat. § 61.13.

Florida dissolution proceedings may be resolved by agreement of the parties through a marital settlement agreement, or they may be litigated before the Eleventh Judicial Circuit Family Division if the parties cannot reach an agreement on all issues. The Law Firm of Jeffrey Alan Aenlle, PLLC represents clients in both uncontested and contested dissolution proceedings in Miami-Dade County. Our firm’s approach in every dissolution matter is to identify your priorities, evaluate the strengths and vulnerabilities of your position on each contested issue, and pursue a resolution that reflects your objectives while managing risk and minimizing the financial and emotional cost of the proceeding.

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Timesharing and Parental Responsibility in Florida

Florida does not use the term “custody” in its family law statutes. Under Fla. Stat. § 61.13, the legal framework governing the relationship between parents and minor children following a dissolution of marriage or paternity proceeding is built around two distinct concepts: timesharing and parental responsibility. Timesharing refers to the schedule specifying the dates and times the minor children will spend with each parent. Parental responsibility refers to the authority and obligation to make major decisions affecting the children’s welfare, including decisions regarding education, healthcare, and extracurricular activities. Parental responsibility may be shared between both parents or, under limited circumstances, granted solely to one parent.

Florida law requires that a parenting plan be established in all cases involving minor children, whether through a negotiated agreement incorporated into a marital settlement agreement or through a judicial determination following a contested hearing. Under Fla. Stat. § 61.13(3), the court evaluates all timesharing and parental responsibility determinations under the best interests of the child standard, applying the enumerated statutory factors set forth in that section. A parenting plan must address the daily tasks involved in raising the children, the timesharing schedule, the allocation of responsibility for health care and school-related matters, and the means and methods by which each parent will communicate with the children during the other parent’s timesharing period.

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Child Support in Florida

Under Florida law, both parents share a legal obligation to support their minor children, and that obligation is enforceable through the courts regardless of the parents’ marital status. Child support in Florida is determined under the Income Shares Model established by Fla. Stat. § 61.29 and § 61.30, which calculates each parent’s support obligation based on both parents’ combined net income and the timesharing schedule in the parenting plan. The statutory guidelines provide the presumptive child support amount, and departures from the guidelines require specific written findings by the court.

Child support in Florida covers the children’s basic living expenses as well as their health insurance costs and uncovered medical expenses, with childcare costs attributable to employment or job search activity added to the guideline amount. A child support order entered by the Eleventh Judicial Circuit may be modified upon a showing of a substantial change in circumstances under Fla. Stat. § 61.30(11)(c), including a significant change in either parent’s income or a modification of the timesharing schedule. The Law Firm of Jeffrey Alan Aenlle, PLLC handles both initial child support determinations and post-judgment modification and enforcement proceedings throughout Miami-Dade County.

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Alimony in Florida

Florida’s alimony statute, Fla. Stat. § 61.08, was substantially amended in 2023, eliminating permanent alimony and restructuring the available forms of spousal support for all petitions for dissolution of marriage filed on or after July 1, 2023. Under the amended statute, Florida courts may award bridge-the-gap alimony, rehabilitative alimony, or durational alimony, or any combination of these forms, based on the requesting party’s need and the other party’s ability to pay. Before determining the type and amount of alimony, the court must first make specific threshold findings of need and ability to pay.

Bridge-the-gap alimony is limited to two years and addresses identifiable short-term needs during the transition from married to single life. Rehabilitative alimony is designed to assist a spouse in developing or redeveloping skills to establish the capacity for self-support through a specific, court-approved rehabilitative plan, and is limited to a maximum of five years. Durational alimony provides economic assistance for a defined period and is subject to caps based on the length of the marriage. The amount and duration of any alimony award are determined by reference to the statutory factors in Fla. Stat. § 61.08, including the standard of living established during the marriage, the length of the marriage, the financial resources of each party, and the contributions of each spouse to the marriage.

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Prenuptial and Postnuptial Agreements in Florida

A prenuptial agreement, also known as an antenuptial agreement, is a contract executed by prospective spouses prior to marriage that establishes each party’s rights and obligations with respect to their property and financial interests in the event of dissolution of the marriage or the death of either spouse. In Florida, prenuptial agreements are governed by the Florida Premarital Agreement Act, Fla. Stat. § 61.079, which sets forth the enforceability requirements applicable to all prenuptial agreements executed in this state. A valid Florida prenuptial agreement may address the characterization of property as marital or nonmarital, the disposition of assets upon dissolution, the rights of each party to alimony, and any other matter not in violation of public policy or applicable law.

Postnuptial agreements serve a similar function but are entered into by parties who are already married. The Law Firm of Jeffrey Alan Aenlle, PLLC drafts and reviews both prenuptial and postnuptial agreements for clients in Miami-Dade County, with particular attention to ensuring that each agreement satisfies the enforceability requirements under Fla. Stat. § 61.079 and accurately reflects the parties’ intentions with respect to their specific assets and financial circumstances. A well-drafted prenuptial or postnuptial agreement provides both parties with clarity and certainty about their financial rights and obligations, and it reduces the risk of contested litigation over property and support issues if the marriage is later dissolved.

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Paternity in Florida

In Florida, the establishment of legal paternity is a prerequisite to the enforcement of parental rights and obligations for children born outside of marriage. Until paternity is legally established, neither parent can obtain an enforceable timesharing order, and the legal obligation to pay child support cannot be imposed on the father. Paternity may be established voluntarily through the execution of an Acknowledgment of Paternity, or it may be established through a judicial proceeding under Florida’s Paternity Act, Fla. Stat. § 742.011, et seq., which may involve genetic testing administered under the supervision of the court.

Once paternity is established, the court addresses all related issues, including the establishment of a parenting plan governing timesharing and parental responsibility under Fla. Stat. § 61.13 and the determination of child support under Fla. Stat. § 61.29 and § 61.30. The Law Firm of Jeffrey Alan Aenlle, PLLC represents both mothers and fathers in paternity proceedings throughout Miami-Dade County, including matters involving the establishment of paternity, the disestablishment of paternity under Fla. Stat. § 742.18, and post-judgment modification and enforcement of paternity orders.

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Frequently Asked Questions About Family Law

What does a Miami family law attorney handle?
A Miami family law attorney handles the legal matters that affect the structure and finances of the family unit under Florida law. These matters include dissolution of marriage under Fla. Stat. § 61.052, equitable distribution of marital assets and liabilities under Fla. Stat. § 61.075, alimony under Fla. Stat. § 61.08, timesharing and parental responsibility under Fla. Stat. § 61.13, child support under Fla. Stat. § 61.30, paternity under Fla. Stat. § 742.011, and prenuptial and postnuptial agreements under Fla. Stat. § 61.079.

Do I need a family law attorney for my divorce in Miami?
Florida does not require you to have an attorney to file for dissolution of marriage, but the absence of legal representation carries significant risks in any proceeding involving contested assets, alimony, minor children, or complex financial circumstances. A Miami family law attorney ensures that your legal rights are protected throughout the proceeding, that the agreement or final judgment accurately reflects your interests, and that any parenting plan or property settlement complies with Florida law and will be enforceable by the Eleventh Judicial Circuit Family Division.

How is property divided in a Florida divorce?
Florida divides marital property under the equitable distribution framework established by Fla. Stat. § 61.075. Equitable distribution begins with the presumption that marital assets and marital liabilities will be divided equally between the parties, but the court may depart from equal distribution based on statutory factors including each party’s economic circumstances, contributions to the marriage, intentional dissipation or waste of marital assets, and any other relevant factor that supports an equitable result. Nonmarital assets, meaning property acquired before the marriage or received as a gift or inheritance during the marriage and kept separate, are generally not subject to equitable distribution.

How is child support calculated in Florida?
Child support in Florida is calculated under the Income Shares guidelines established by Fla. Stat. § 61.30. The guidelines use both parents’ combined monthly net income and the timesharing schedule to determine a presumptive support obligation, which is then allocated between the parents in proportion to their respective incomes. The guideline amount may be adjusted for health insurance costs, childcare expenses attributable to employment, and uncovered medical expenses. A court may deviate from the guidelines only upon written findings supporting the departure.

What is the difference between timesharing and parental responsibility in Florida?
Timesharing refers to the schedule of dates and times that the minor children will spend with each parent, as established in the parenting plan required under Fla. Stat. § 61.13. Parental responsibility refers to the authority to make major decisions affecting the children’s welfare, including decisions about education, healthcare, and extracurricular activities. Florida courts generally favor shared parental responsibility, meaning that both parents share decision-making authority, unless it would be detrimental to the children. The timesharing schedule and the parental responsibility designation are two separate determinations that together form the parenting plan.

What forms of alimony are available in Florida after the 2023 amendments?
Under the 2023 amendments to Fla. Stat. § 61.08, effective for all petitions for dissolution of marriage filed on or after July 1, 2023, Florida courts may award bridge-the-gap alimony, rehabilitative alimony, or durational alimony. Permanent alimony was eliminated by the 2023 reform. Bridge-the-gap alimony is limited to two years and is not modifiable in amount or duration. Rehabilitative alimony requires a specific court-approved rehabilitative plan and is limited to five years. Durational alimony provides support for a defined period and is subject to caps tied to the length of the marriage.

Where are Miami-Dade County family law cases filed?
Family law cases in Miami-Dade County are filed in the Eleventh Judicial Circuit Court, Family Division, located at the Lawson E. Thomas Courthouse Center at 175 NW 1st Avenue, Miami, Florida 33128. All dissolution of marriage petitions, paternity actions, and post-judgment modification and enforcement proceedings affecting parties residing in Miami-Dade County are heard by the Eleventh Judicial Circuit Family Division judges.