Segarra & Associates, P.A.

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Our Practice Areas

Explore each service to see how we approach your case—clearly and professionally.

Prenuptial Agreements

A premarital agreement (or prenuptial agreement) is an agreement made by prospective spouses in contemplation (before) of marriage. A premarital agreement is often considered “unromantic” by many, but in today’s society, it is necessary to protect your assets in the event that you and your spouse to be separate or get a divorce. It can also set up agreements within the marriage, for example, what obligations are to be met by each spouse during the course of the marriage.

Divorce

Making the decision to end a marriage is a difficult one, but choosing the right divorce lawyer in Miami or Orlando doesn’t have to be. As seasoned divorce attorneys, we can help make your divorce go as smoothly as possible.

During a trying time such as this, you need an attorney who is sensitive to your needs and desires, and will represent you and advocate for your best interests during the divorce process. At Segarra & Associates, P.A., we understand how emotionally charged and stressful the divorce process can be and are committed to supporting you as you end one chapter of your life and begin a new one.

Child Custody

It’s nearly impossible to fight for custody of your children on your own. A seasoned child custody attorney located in Coral Gables may be able to help you determine the best timesharing schedule for your children and can help you petition the court to rule in your favor.

The decisions made regarding the parenting plan, child custody and timesharing schedule of your children are some of the most important decisions that will be made in your case. Your children’s needs are your most important concern and you only want what is best for them.

Parenting Plan

Florida Statutes Section 61.046 (14) states that a “Parenting Plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.

Reproductive Law

In many cases, a couple who wishes to have children cannot do so on their own. That’s when reproductive law comes in to play. They must turn to modern technologies such as surrogacy or in-vitro fertilization in order to build their family. There are two (2) components to situations like these: medical and legal.

If you are considering involving yourself in assisted reproduction, either as a donor, a surrogate or an intended parent or have already become involved in the process, it is important that you seek the services of a qualified and experienced reproduction law attorney.

Family Law Mediation

Mediation is an informal, confidential, and non-adversarial process whereby a mediator tries to encourage and facilitate resolution of a dispute between parties to the litigation. A mediator is a neutral, impartial third party who has no authority to make decisions for the parties. The mediator’s role is to use his or her negotiation skills to generate movement of the parties towards compromise and resolution of their dispute.

Mediators do not have to be attorneys; however it is strongly suggested that one use a mediator that is knowledgeable and experienced in matrimonial and family law. There are Florida Supreme Court Certified Family Law Mediators who have been trained and meet the Florida Supreme Court’s stringent qualifications. To find a local certified family law mediator, go to www.flcourts.org and click the general public drop down menu to family law mediator search.

Alimony

In the state of Florida, alimony is governed under Florida Statutes Section 61.08. Pursuant to s. 61.08, in a proceeding for dissolution of marriage, the court may grant alimony to either party, of which alimony may be bridge-the-gap, rehabilitative, or durational, or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. In determining whether to award alimony or maintenance, the Court shall first make a factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.

Annulment

In the State of Florida, there is no annulment statute, meaning that a judge must determine a person’s eligibility for annulment. So, if you are thinking about an annulment in Miami or Orlando, consider these conditions below.

You may not have had the capacity to marry if you or the person you married:

• Were you under the age of 18 at the time of the marriage;

• Are related (consanguinity);

• Were are already married;

• Are physically incapable of marital relations (impotency).

You may not have been able to give consent to marry if you were:

• Intoxicated at the time of the marriage;

• Threatened into marrying;

• Shammed into marrying for the sole purpose of immigration;

• The victim of fraud, deceit or misrepresentation.

Many people think of annulments as being common, but in truth, they are not. A marriage must meet specific grounds in order to be eligible for an annulment and in many cases, the spouse seeking the annulment must prove their case.

Parenting Plan

Florida Statutes Section 61.046 (14) states that a “Parenting Plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration. The parenting plan  must be:

1. Developed and agreed to by the parents and approved by a court; or

2. Established by the court, with or without the use of a court-ordered parenting plan recommendation, if the parents cannot agree to a plan or the parents agreed to a plan that is not approved by the court.

Equitable Distribution

Equitable distribution refers to the way a couple’s assets and debts are divided between the parties during a divorce and is governed by Florida Statutes Section 61.075. Pursuant to s. 61.075, in a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, the court shall set apart to each spouse that spouse’s non-marital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.

Child Visitation

In a custody case, child visitation is a hot button issue. It is essential for the child visitation agreement be set up in order to protect the best interests of the children involved, however, it is not always clear what visitation schedule meets those needs.

In the State of Florida, there are many factors that are considered when formulating a child visitation schedule. The primary concern is the the children’s relationship with the non-custodial parent is kept intact, and ensuring that the children have regular contact and interaction with that parent. In extreme cases, such as in the case of domestic violence, the court may interfere with visitation.

At Segarra & Associates, P.A., we are committed to protecting the best interests of your children. We understand how emotionally draining visitation issues can be, and we represent both primary custodial parents and non-custodial parents in visitation issues. Whether you are the custodial parent and believe that visitation should be limited or revoked in order to protect the safety of your children, or you are the non-custodial parent and wish to protect your rights to visit, interact with your children and preserve your relationship with your children, we can help.

Military Divorce

When a military family is facing divorce or separation, they have unique needs that are different from the typical family that is facing divorce. At Segarra & Associates, P.A., we understand those needs and are committed to handling your divorce or separation with the utmost care.

For instance, the Service Members Civil Relief Act (SCRA) establishes, among other regulations, the service of process requirements for members of the military who are stationed within the United States, stationed overseas or are currently deployed on active duty.

Additionally, the Uniformed Services Former Spouses’ Protection Act, Title 10, United States Code, Section 1408, (USFSPA) was passed by Congress in 1982. The USFSPA gives a State court the authority to treat military retired pay as marital property and divide it between the spouses. With the passage of the USFSPA, Congress took the opportunity to set forth various requirements to govern the division of military retired pay. Congress sought to make a fair system for military members, considering that their unavailability and deployment status often exposes them to difficulties with civil litigation.

DNA Testing

Pursuant to Florida Statutes 742.12 (1), in any proceeding to establish paternity, the court on its own motion may require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court shall direct that the tests be conducted by a qualified technical laboratory.

Furthermore, Florida Statutes 742.12 (4) states in pertinent part that test results are admissible in evidence and should be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95 percent. A statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s.90.304, that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95 percent or more, the court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.

Enforcement of Orders

When you and your ex-spouse and / or other parent agree to certain terms following your separation and the court enters a Final Judgment, it becomes necessary for both of you to adhere to those terms. When one party fails to do so, they are considered to be in contempt of court and can face serious penalties, including: wage garnishment; civil contempt charges; criminal contempt charges; attorney’s fees; and possible jail time. At this time, you will need to file an Enforcement of Court Orders in Miami or Orlando to retain your legal rights.

When your ex-spouse and / or the other parent fails to meet the requirements set forth by the Final Judgment, Court Orders or agreements made during the divorce (or paternity suit), your life and the lives of your family can be seriously impacted. An Enforcement Of Court Orders in Miami or Orlando should be filed for failure to pay child support or spousal support. These Court orders unheralded can make it financially impossible for you to care for your children and yourself. Likewise, failure to adhere to the agreed upon time sharing schedule can negatively impact your children emotionally.