Brickell Divorce & Family Law Attorney

The Law Firm of Jeffrey Alan Aenlle, PLLC is a boutique divorce and family law firm located in the heart of Brickell at 1221 Brickell Avenue, Suite 900, Miami, Florida 33131. We represent individuals and families in divorce, child custody, alimony, child support, paternity, and prenuptial agreement matters throughout Miami-Dade County and the surrounding region.

Brickell is home to one of the highest concentrations of high-net-worth individuals, international executives, and dual-income professional households in South Florida. Divorce and family law matters in Brickell frequently involve complex financial issues, including equitable distribution of investment portfolios, business interests, international assets, and luxury real estate, as well as sophisticated timesharing arrangements for families with international ties or frequent travel demands. Our firm has the experience and strategic focus to handle these matters effectively.

Where Brickell Family Law Cases Are Heard

Brickell sits within the City of Miami, in Miami-Dade County, so family law cases for Brickell residents are filed in the Eleventh Judicial Circuit rather than in any municipal court. The primary family courthouse is the Lawson E. Thomas Courthouse Center at 175 NW First Avenue, Miami, Florida 33128, which houses the family division and the domestic violence division. Petitions for dissolution of marriage, paternity actions, timesharing disputes, child support proceedings, and injunctions for protection are all heard there.

Filing in the correct circuit is a threshold requirement, not a formality. Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for six months before the petition for dissolution of marriage is filed. For Brickell residents who have recently relocated from another state or from abroad, that six-month clock is often the first question worth answering, because a petition filed too early is subject to dismissal.

Divorce in Brickell, Miami

Florida is a no-fault divorce state, meaning either spouse may petition for dissolution of marriage without alleging wrongdoing by the other party. The principal ground for divorce in Florida is that the marriage is irretrievably broken. Fla. Stat. § 61.052. To file for divorce in Florida, at least one spouse must have been a Florida resident for a minimum of six months before filing. Fla. Stat. § 61.021.

Divorce proceedings in Miami-Dade County are handled by the Eleventh Judicial Circuit Family Division. Whether your matter is uncontested or involves significant disputed assets, our firm guides clients through every stage of the process — from initial filing through mediation, discovery, and trial if necessary.

Equitable Distribution of Marital Assets in Brickell Divorces

Florida follows the principle of equitable distribution, meaning marital assets and
liabilities are divided fairly, though not necessarily equally, between spouses.
Fla. Stat. § 61.075. In Brickell divorces, equitable distribution
frequently involves the valuation and division of the following asset classes:

• Brickell and Miami-Dade luxury condominiums and real estate
• Investment and brokerage accounts
• Business ownership interests and professional practices
• Deferred compensation, stock options, and restricted stock units
• Retirement accounts including 401(k), IRA, and pension plans
• Offshore and international accounts
• Cryptocurrency and digital assets

Proper valuation of these assets often requires forensic accounting and expert testimony. Our firm works with experienced financial professionals to ensure marital assets are fully identified, properly valued, and equitably distributed.

International and Cross-Border Issues in Brickell Divorces

Brickell has one of the largest concentrations of foreign nationals, dual citizens, and internationally mobile professionals in South Florida. That changes what a divorce or custody case actually involves. Four issues recur often enough that they are worth understanding before a petition is filed.

Which state or country decides custody

Jurisdiction over a child is not decided by where the parents live now. Florida applies the Uniform Child Custody Jurisdiction and Enforcement Act, and under Fla. Stat. § 61.514 a Florida court has jurisdiction to make an initial custody determination principally when Florida is the child’s home state on the date the case begins. A family that moved to Brickell eight months ago may find that the prior state or country, not Florida, is where the custody case belongs.

Assets and income held outside the United States

Foreign accounts, foreign real estate, and interests in non-U.S. entities are marital property subject to equitable distribution in the same way domestic assets are. The practical difficulty is disclosure and proof rather than the legal standard. Locating and valuing offshore holdings ordinarily requires targeted discovery and, in contested cases, forensic accounting and expert testimony.

Relocation with a child

Florida regulates relocation by statute rather than by agreement alone. Under Fla. Stat. § 61.13001, a relocation means a change in the principal residence of at least 50 miles for at least 60 consecutive days, not counting temporary absences for vacation, education, or the child’s health care. The statute applies to a move to Broward County and to a move to another country alike, and it requires either written consent or court approval.

International child abduction

Where a child has been wrongfully removed to or retained in another country, the claim is governed by federal law under the International Child Abduction Remedies Act, 22 U.S.C. §§ 9001 through 9011. These cases move quickly and are procedurally distinct from an ordinary Florida timesharing dispute.

Child Custody and Timesharing in Brickell

Florida law replaced the term “child custody” with parental responsibility and timesharing, governed by a mandatory Parenting Plan. Fla. Stat. § 61.13. Effective July 1, 2023, Florida law established a rebuttable presumption that equal timesharing, a 50/50 schedule, is in the best interests of the child. Fla. Stat. § 61.13(2)(c)(1).

For Brickell families with demanding professional schedules, international travel
obligations, or children enrolled in private schools throughout Miami-Dade, crafting a workable and enforceable Parenting Plan requires careful attention to detail and anticipation of future conflict. Our firm drafts comprehensive Parenting Plans and represents parents in contested timesharing proceedings before Miami-Dade Family Court.

Child Support in Brickell Divorce and Paternity Cases

Florida calculates child support under an income shares model set out in Fla. Stat. § 61.30. The statute contains a guidelines schedule that produces a base support obligation from the parents’ combined monthly net income and the number of children. That base figure is then divided between the parents in proportion to their respective incomes, and adjusted for health insurance premiums, uncovered medical costs, and work-related child care.

The number of overnights in the parenting plan matters directly. When a parent exercises a substantial share of the overnights, the guidelines calculation changes, which is one reason timesharing and support are negotiated together rather than in sequence.

Brickell cases frequently involve incomes above the top of the statutory schedule, non-salary compensation such as bonuses, commissions, restricted stock, and distributions from closely held businesses, or a spouse who is voluntarily unemployed or underemployed. Each of those requires the court to determine net income before the guidelines can be applied at all, and a departure from the guidelines figure requires written findings explaining the basis for the deviation.

Paternity in Brickell

Where parents were not married when the child was born, paternity must be legally established before either parent can enforce anything. Under Fla. Stat. § 742.011, a proceeding to determine paternity may be brought by a woman who is pregnant or has a child, by a man who has reason to believe he is the father, or on behalf of the child.

The consequence of not establishing paternity is often misunderstood. Until a court enters an order, an unmarried father has no enforceable right to timesharing or to participate in major decisions, and the mother has no enforceable claim for child support. Signing a birth certificate is not the same as a judicial determination of paternity and does not by itself create timesharing rights.

Given the number of unmarried professional households in Brickell and the surrounding downtown neighborhoods, paternity actions are a routine part of family practice here rather than an unusual one. The same proceeding that establishes paternity can also establish a parenting plan, a timesharing schedule, and a child support obligation.

Alimony in Brickell Divorce Cases

Florida’s alimony law was significantly reformed effective July 1, 2023. Permanent alimony was abolished. Courts may now award bridge-the-gap, rehabilitative, or durational alimony based on the length of the marriage and the statutory factors set forth in Fla. Stat. § 61.08. The length of the marriage is the primary factor governing the type and duration of alimony available.

In Brickell divorces involving significant income disparity between spouses, a common circumstance given the concentration of high-earning professionals in the area, alimony determinations can have substantial long-term financial consequences. Our firm represents both payors and recipients of alimony in negotiation and litigation.

The statute now authorizes four forms of alimony: temporary, bridge-the-gap, rehabilitative, and durational. Permanent alimony is no longer available. The length of the marriage sets the framework: under Fla. Stat. § 61.08 a short-term marriage is one lasting less than 10 years, a moderate-term marriage is one of 10 years or more but less than 20, and a long-term marriage is one of 20 years or more. Durational alimony is capped by reference to those categories, at 50 percent, 60 percent, and 75 percent of the length of the marriage respectively, subject to the statutory exceptions.

Prenuptial Agreements for Brickell Residents

For high-net-worth individuals and international executives residing in Brickell, a well drafted prenuptial agreement is one of the most effective tools available for protecting pre-marital assets, business interests, and financial plans. Florida prenuptial agreements are governed by the Florida Premarital Agreement Act, Fla. Stat. § 61.079, and must meet specific statutory requirements to be enforceable.

Our firm drafts and reviews prenuptial and postnuptial agreements for Brickell residents, with particular attention to international asset structures and the needs of non-U.S. nationals residing in Miami.

The statute is titled the Uniform Premarital Agreement Act. Under Fla. Stat. § 61.079 a premarital agreement must be in writing and signed by both parties, becomes effective on marriage, and is enforceable without consideration beyond the marriage itself. A party challenging the agreement can defeat it by proving that it was not executed voluntarily, that it was the product of fraud, duress, coercion, or overreaching, or that it was unconscionable when executed and that party was not given fair disclosure of the other spouse’s property and obligations and did not waive that disclosure in writing. Those grounds are why the circumstances of signing matter as much as the drafting.

Frequently Asked Questions: Brickell Divorce Attorney

Where is my divorce case filed if I live in Brickell?

In the Eleventh Judicial Circuit, Miami-Dade County. The primary family courthouse is the Lawson E. Thomas Courthouse Center at 175 NW First Avenue, Miami, Florida 33128, which houses both the family division and the domestic violence division.

How long must I live in Florida before I can file for divorce?

Six months. Fla. Stat. § 61.021 requires that one of the parties reside in Florida for six months before the petition is filed. This matters often in Brickell, where residents frequently arrive from other states or from abroad.

Does Florida still award permanent alimony?

No. Permanent alimony was eliminated. Fla. Stat. § 61.08 now authorizes temporary, bridge-the-gap, rehabilitative, and durational alimony only, with the length of the marriage governing what is available and for how long.

Does Florida favor equal timesharing?

Florida applies a rebuttable presumption that equal timesharing is in the best interests of the child, under Fla. Stat. § 61.13(2)(c)(1). It is a presumption, not a rule, and it can be rebutted by evidence addressed to the statutory best interests factors.

How is child support calculated in Florida?

Under the income shares model in Fla. Stat. § 61.30. A guidelines schedule produces a base obligation from the parents’ combined monthly net income and the number of children, which is then apportioned by income share and adjusted for health insurance, uncovered medical costs, child care, and the number of overnights each parent exercises.

What happens if my spouse holds assets outside the United States?

Foreign accounts, foreign real estate, and interests in non-U.S. entities are marital property and are subject to equitable distribution like any other asset. The real obstacle is disclosure and valuation rather than the legal standard, which is why these cases usually require targeted discovery and often forensic accounting.

Can I move out of Florida with my child after a divorce?

Not unilaterally. Under Fla. Stat. § 61.13001, a change in the child’s principal residence of at least 50 miles for at least 60 consecutive days is a relocation, and it requires either the other parent’s written consent or an order of the court. The statute applies equally to a move within South Florida and to a move to another country.

Serving Brickell and Surrounding Miami-Dade Neighborhoods

In addition to Brickell, our firm represents clients throughout Miami-Dade County including Coconut Grove, Key Biscayne, Coral Gables, Edgewater, Wynwood, Downtown Miami, South Beach, Miami Beach, Aventura, Sunny Isles Beach, North Miami Beach, Miami Shores, Doral, Kendall, Cutler Bay, and Hialeah.

Free Consultation: Brickell Family Law Attorney

If you are facing a divorce, custody dispute, or other family law matter in Brickell or anywhere in Miami-Dade County, contact the Law Firm of Jeffrey Alan Aenlle, PLLC to schedule your free initial consultation. Call +1.786.309.8588 today.