Hialeah Divorce Attorney
The Law Firm of Jeffrey Alan Aenlle, PLLC represents clients in divorce and family law matters in Hialeah, 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 Hialeah 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 Hialeah
Hialeah is the second largest city in Miami-Dade County and one of the most populous cities in Florida. Located in the northern portion of Miami-Dade County, Hialeah is home to a large and diverse population of working families, small business owners, and long-term Miami-Dade residents. The city generates a significant volume of family law proceedings before the Eleventh Judicial Circuit each year, including contested and uncontested divorces, timesharing and child support disputes, paternity proceedings, and post-judgment modification matters. The Law Firm of Jeffrey Alan Aenlle, PLLC has the experience to handle the full range of family law matters affecting Hialeah residents before the Eleventh Judicial Circuit Court in Miami-Dade County.
The firm represents Hialeah 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 Hialeah Family Law Cases Are Heard
Hialeah is located in Miami-Dade County. All family law cases for Hialeah 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 Hialeah, 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 equally to all Hialeah dissolution proceedings regardless of the circumstances surrounding the breakdown of the marriage.
Hialeah divorce proceedings frequently involve the equitable distribution of the marital home, retirement and investment accounts, vehicles, and small business 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. For many Hialeah families, the marital home and any small business interests are the most significant financial assets in the dissolution proceeding and require careful attention to current market value and proper legal characterization.
The Marital Home in a Hialeah Divorce
For most Hialeah families, the marital home is 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 outcomes in Hialeah divorce cases involving the family home 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 a deferred sale arrangement that allows minor children to remain in the home until a specified triggering event.
Where one spouse made a down payment using premarital funds or received the property as an inheritance, a nonmarital interest claim may be asserted subject to proper tracing under Fla. Stat. § 61.075. A current appraisal by a qualified real estate appraiser is essential to accurate valuation and equitable distribution of Hialeah residential property.
Small Business Interests in Hialeah Divorce Cases
Hialeah has a large and active small business community. When one or both spouses own or operate a small business, the marital portion of that business interest is generally subject to equitable distribution under Fla. Stat. § 61.075. The value attributable to the period from the date of the marriage to the date of filing the petition for dissolution is the marital component subject to distribution. Determining that value requires engagement of a qualified business valuator. A business owned prior to the marriage may have both marital and nonmarital components depending on how it grew during the marriage and what contributions of marital labor or funds were made to its development.
Alimony in Hialeah Divorce Cases
Alimony is a significant issue in many Hialeah 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, age and health, and each party’s contributions to the marriage including homemaking, child-rearing, and career-related sacrifices. For Hialeah marriages of moderate to long duration involving income disparity between the spouses, alimony analysis is a critical component of dissolution planning.
Timesharing and Parental Responsibility in Hialeah
Timesharing and parental responsibility are among the most frequently contested issues in Hialeah family law 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 Hialeah, school zoning, transportation logistics, and the distance between parents’ residences are frequently important practical considerations in parenting plan negotiations and timesharing determinations before the Eleventh Judicial Circuit.
Child Support in Hialeah 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 necessary for employment, 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, but any departure 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 Hialeah 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 Hialeah clients.
Paternity in Hialeah
Paternity proceedings arise when a child is born to parents who are not married to each other. In Florida, establishing paternity through a court proceeding is the legal mechanism by which an unmarried father obtains enforceable parental rights and responsibilities, including timesharing and parental responsibility, and by which child support obligations are established. Under Fla. Stat. § 742.011, either parent may file a petition to determine paternity in the circuit court of the county where the child resides. An unmarried father has no enforceable parental rights in Florida until paternity is legally established.
Once paternity is established, the court will address timesharing, parental responsibility, and child support in the same proceeding. The Law Firm of Jeffrey Alan Aenlle, PLLC represents both mothers and fathers in Hialeah paternity proceedings before the Eleventh Judicial Circuit Court in Miami-Dade County.
Serving Hialeah and Surrounding Communities
In addition to Hialeah, the firm represents clients from Doral, Westchester, Miami Lakes, Opa-Locka, and other northern and western 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: Hialeah Divorce Attorney
Where is my divorce case filed if I live in Hialeah?
Hialeah is located in 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 Hialeah divorce?
A home purchased during the marriage with marital funds is generally 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 for families with minor children. Where one spouse contributed premarital funds or an inheritance toward the purchase, a nonmarital interest claim may be asserted subject to proper tracing of those funds under Florida law.
How is a small business divided in a Florida divorce?
The marital portion of a small business interest is generally subject to equitable distribution under Fla. Stat. § 61.075. The marital component is the value attributable to the period from the date of marriage to the date of filing the petition for dissolution. Determining that value requires a qualified business valuator. A business owned prior to the marriage may have both marital and nonmarital components depending on what contributions of marital labor or funds were made to its growth during the marriage.
How is paternity established in Florida?
Paternity may be established in Florida through a voluntary acknowledgment of paternity signed by both parents, or through a judicial proceeding under Fla. Stat. § 742.011. In a contested paternity case, the court may order genetic testing to determine biological parentage. Once paternity is established, the court will address timesharing, parental responsibility, and child support in the same proceeding. An unmarried father has no enforceable parental rights in Florida until paternity is legally established.
Does Florida favor equal timesharing?
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 present competent evidence to rebut this presumption based on the statutory factors. In Hialeah, school zoning, transportation logistics, and the distance between parents’ residences are frequently important practical considerations in parenting plan negotiations and timesharing determinations before the Eleventh Judicial Circuit.
How is alimony determined in a Hialeah 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 based on 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 Hialeah clients in the Eleventh Judicial Circuit.
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 Hialeah Divorce Attorney
If you are facing a divorce or family law matter in Hialeah, 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.