Life is Too Short to be in the Wrong Relationship
You already know the marriage is over, and right now the weight of that sits alongside the very practical question of what happens to your home, your finances, and your children. When every piece of your shared life has to be untangled at once, the right approach is designed to bring order to that, early, to help prevent critical matters from being decided by default.
Years of Attorney Experience
Lives Changed
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Locations in Florida
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Every Decision Moves the Next One
Custody, support, property, and alimony all get decided on the same timeline, and a mistake in one area can change the outcome in another. That is what makes divorce in Miami more complicated than most people plan for. Cabanas Law Firm handles every part of your divorce case with multilingual attorneys across more than ten offices, so nothing gets decided in isolation.
"Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals which helped me to feel confident and protected when making decisions."
What Our Clients Think of Cabanas Law Firm
Would recommend this firm to friends. I engaged them to handle making an adjustment to my divorce settlement agreement. As it was likely to cost less than the retainer in this case, they kindly agreed to refund any remaining money. They handled everything perfectly and professionally, and I’ve just received a check with the remaining funds. Thank you Cabanas
I would highly recommend attorney Sergio Cabanas to anyone going through a divorce. In fact, I’ve already referred some of my friends. His knowledge of family law was evident from the get-go and it helped me to feel confident and protected when making decisions. His communication skills are outstanding. Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals.
Mauricio Cubas
My experience with Cabanas Law Firm was outstanding, thanks to Erick Estrada, the case manager, and Attorney Sergio Cabanas. Erick was incredibly supportive, keeping me informed and making sure every step of the process was smooth and stress-free. His professionalism and dedication truly set him apart. Attorney Sergio Cabanas provided expert legal guidance, ensuring the best possible outcome for my case. I highly recommend their team for anyone seeking reliable and compassionate legal assistance.
Cabanas Law Firm is amazing! The whole team is super professional and really cares about their clients. A big shoutout to Nichol, the paralegal, for being so helpful and responsive. She went above and beyond to answer my questions and provide guidance. If you need a great law firm, this is the one to go with.
Practice areas
When couples separate in Miami, time-sharing arrangements often shift support calculations while property division decisions reshape both, creating overlapping legal questions that demand coordinated attention. Our Miami divorce attorneys address these connected areas as one unified case, working to ensure nothing falls through the gaps.
Divorce
Divorce
High NetWorth Divorce
High Net Worth Divorce
Divorce Mediation
Divorce Mediation
Alimony
Alimony
Family Law
Family Law
Your family's future shouldn't wait for We're changing how Florida does family law.
Child Custody/ Timesharing
Child Custody/ Timesharing
ChildSupport
ChildSupport
Asset & Debt Division
Asset & Debt Division
Simplified & Uncontested Divorce
Simplified & Uncontested Divorce
DomesticViolence
DomesticViolence
Your Case Won't Wait. Neither Will We.
Finding the right divorce firm in Miami means finding one that handles the cascade of decisions and deadlines without putting that burden back on you. We built our practice to take that weight off you, not add to it. Here is how we do things differently for your case.
We speak your language, including Spanish, Russian, and Arabic.
This is all we do. Every resource, every team member, every case.
We have handled the full range of Florida divorce matters.
If you are facing divorce in Miami, the decisions made during this process will reach further into your future than most people expect, even when the situation feels straightforward at first. Our Miami divorce attorneys follow a structured process that begins with your circumstances, not a template. We learn what matters most to you before anything moves forward, because the right approach looks different for every person who walks through this. Reaching terms that reflect your actual life and priorities is what we work toward, and nothing advances without your full understanding of what each decision means.
Step 1
In‑Depth Discovery
There is a lot that goes into a divorce case, and the details matter more than most people expect. We learn everything we can about your situation, your family, and the other side. That preparation is where outcomes are shaped.
Built Around Your Goals
The goals you set out to achieve are what drive every decision we make, from your case evaluation through the final resolution. Every strategy, filing, and negotiation is measured against what actually matters to your family.
Life on Your Terms
We work to resolve your case with as little disruption to your life and finances as possible, so at the end of it all, it is your life on your terms.
FAQ
Struggling to figure out how custody, support, and property all get decided at the same time? These answers cover the questions that come up in nearly every divorce case and can help you walk in better prepared.
A house purchased during the marriage is typically a marital asset subject to equitable distribution, regardless of whose name is on the deed. Equitable does not mean equal. The court looks at each spouse's financial situation, contributions to the marriage, and whether minor children need housing stability.
In many cases, one spouse keeps the home while the other receives an offsetting share of other assets. If the home was owned before the marriage or inherited during it, different rules may apply. How the house fits into your overall financial picture is something an attorney should evaluate early, before either side starts making assumptions about who keeps what.
Florida courts no longer use the word "custody." They work with two concepts: parental responsibility, which covers major decisions about the child, and timesharing, which is the actual schedule. Florida law creates a rebuttable legal presumption for equal timesharing, meaning the starting point is 50/50 unless one parent shows evidence that arrangement would not serve the child's best interest.
The court evaluates what serves the child's best interest, weighing each parent's involvement before the filing, each parent's ability to provide stability, the child's ties to school and community, and any history of domestic violence or substance abuse. There are over a dozen statutory factors. Timesharing rules are the same across the entire state.
If you are an involved parent, the fear of losing your children is usually far worse than the reality. Preparation matters, though. The earlier you understand how the timesharing presumption works and what factors could overcome it, the better positioned you are.
No two divorces involve the same assets, the same level of agreement, or the same complications. An uncontested divorce costs significantly less than a contested one requiring discovery, depositions, and trial. Filing fees are set each year by the state legislature and are the same across the entire state. Attorney fees vary based on complexity and experience.
That range is wide enough that quoting a number without knowing your situation would be irresponsible. Some firms bill hourly; others use flat fees for specific stages of the process. The real variable is how much of the case requires litigation versus negotiation.
A case evaluation matters here more than general numbers from the internet. An attorney who has seen your financial disclosure and custody situation can give you a realistic cost range in that first conversation.
There is no mandatory waiting period to file for divorce in Florida. Once the petition is served, the other party has 20 days to file an Answer or responsive motion. An uncontested divorce with minimal assets and no children can sometimes be finalized in as little as two weeks. A contested divorce with custody disputes, complex finances, or disagreements over support can take a year or longer.
Most cases fall somewhere in between. The timeline is affected by court scheduling, whether mediation is required (it is now statutorily required statewide before trial), how quickly both parties complete financial disclosures, and whether any emergency motions need to be addressed.
The biggest variable is cooperation. Cases where both parties engage in good-faith negotiation typically resolve faster and at lower cost than cases where one or both sides take adversarial positions on every issue.
Moving out does not mean you lose your interest in the property. The house remains a marital asset subject to equitable distribution. But leaving without a plan can create complications, especially if children are involved. Florida law creates a rebuttable presumption for equal timesharing, so the court does not simply adopt whatever arrangement exists at the time of filing as the baseline.
That said, the reality on the ground can get complicated. Sometimes the parent who remains in the home denies timesharing to the other parent as leverage. The law protects against this through the equal timesharing presumption, but it may take a court hearing to enforce it.
If there is domestic violence or escalating conflict, your safety comes first, and there are legal mechanisms to protect your rights while you remove yourself from danger. Talk to an attorney before making this decision.
Florida is a no-fault divorce state. You do not need your spouse's permission or agreement to get divorced. If one party states that the marriage is irretrievably broken, that is sufficient grounds for the court to proceed. Your spouse can contest the terms, but they cannot prevent the divorce itself.
If your spouse refuses to participate or respond to the petition, the case can proceed as a default, and the court may grant the divorce based on the petitioner's filing alone. Your spouse can contest how assets are divided, what the timesharing arrangement should be, or whether alimony is appropriate. Courts determine all child-related issues by the best interests of the child, and there is a legal presumption that timesharing should be equal.
In practice, a spouse who refuses to engage often creates delays and increases costs. But they cannot block the outcome. The process is designed to move forward regardless of whether both sides cooperate.
Start by understanding your financial picture. Gather bank statements, tax returns, pay stubs, mortgage documents, retirement account statements, and records of debts. If your spouse manages the finances and you do not have easy access, an attorney can help you get that information through the discovery process.
Think about your priorities. What matters most: the house, time with your children, financial security after the marriage ends? Not every goal is achievable, and some conflict with each other. A case evaluation can help you understand what is realistic given your circumstances. Florida law starts with a rebuttable presumption for equal timesharing, so understanding what factors might apply in your situation is important context for setting expectations.
If children are involved, maintain your routine as a parent. How you handle joint finances, shared accounts, and household expenses before and during the divorce can have consequences that are difficult to undo — an attorney can advise you on the safest approach given your specific situation. Avoid common early mistakes: do not post about your spouse on social media, and do not take legal advice from friends who went through a different divorce in a different state.
Divorce outcomes can reshape your financial standing and personal future. When you are ready to address these changes, a confidential Case Evaluation is a good place to start.
We use this conversation to verify that we handle your specific type of matter and that the case falls within our Miami-Dade County service area. We also screen for conflicts of interest so we can determine if we are the right fit for you.
Contact our divorce team in Miami to get started.
Our Locations
18503 Pines Blvd, Suite 301, Pembroke Pines, FL 33029
550 S Andrews Ave, Suite 510, Fort Lauderdale, FL 33301
1937 E Atlantic Blvd, Suite 102, Pompano Beach, FL 33060
2800 Weston Rd, Suite 101, Weston, FL 33331
Divorce outcomes can reshape your financial standing and personal future. When you are ready to address these changes, a confidential Case Evaluation is a good place to start.
We use this conversation to verify that we handle your specific type of matter and that the case falls within our Miami-Dade County service area. We also screen for conflicts of interest so we can determine if we are the right fit for you.
Contact our divorce team in Miami to get started.
