Kunal Mirchandani

Kunal Mirchandani

  • Bankruptcy, Real Estate Law, Family Law ...
  • Florida
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Claimed Lawyer ProfileQ&A
Biography

I am Kunal A. Mirchandani, the Principal Attorney and President at Klein Law Group. I am a dedicated litigator, committed to advocating for my clients both in and out of the courtroom. After earning my law degree from Case Western Reserve School of Law, I have devoted my career to litigating cases. I represent both individuals and corporations, always with an eye on achieving the most favorable outcomes for my clients.

Throughout my career, I have served as lead counsel in numerous trials and appellate cases. My arguments in appellate courts have established precedents that are currently adhered to by courts across Florida. I am licensed to practice in Florida and admitted to the U.S. District Court for the Southern District of Florida. My client base is diverse, including nationally recognized financial institutions, local businesses, and individuals. I am proud to hold an AV rating from Martindale Hubbell, which is the highest recognition awarded by peers for ethical standards and professional ability.

I come from a richly diverse background, with a mother from Chile and a father from India, though I was born in France. In my leisure time, I enjoy surfing, auto racing, and engaging in DIY home projects.

My educational background includes a J.D. from Case Western Reserve School of Law in Cleveland, Ohio, obtained in 2010, and a B.A. in English from the University of North Florida in Jacksonville, Florida, completed in 2007. I am admitted to the Florida Bar and the U.S. District Court for the Southern District of Florida.

Among my accolades, I have received the Martindale Hubbell AV Preeminent Rating. Notable cases include In re Enright, where I secured $77,305.23 in punitive damages for creditor misconduct, and Murray v. HSBC Bank USA, which clarified the enforcement of negotiable instruments against real estate. I have also authored "What happens in bankruptcy – A legal guide," providing insights into navigating bankruptcy proceedings.

Education
Case Western Reserve University School of Law
J.D. (2010)
Case Western Reserve University School of Law Logo
Professional Associations
The Florida Bar  # 0086161
Member
Current
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US District Court for the Southern District of Florida
Current
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Jurisdictions Admitted to Practice
Florida
The Florida Bar
ID Number: 86161
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Practice Areas
Bankruptcy
Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Homeowners Association, Mortgages, Neighbor Disputes, Residential Real Estate
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Collections
Appeals & Appellate
Civil Appeals, Federal Appeals
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Legal Answers
Q. Concerns about residency and divorce when returning to Argentina from Florida.
A: You’ve raised several important issues, and I’ll address them in parts:

1. Returning to Argentina and Immigration Status:

If your spouse withdraws the petition supporting your U.S. residency while you are outside the country, it could jeopardize your pending adjustment of status. Even with a valid travel permit (Advance Parole), your reentry could be denied if the underlying immigration petition is withdrawn before you return. If your intention is to stay in Argentina permanently and not pursue residency in the U.S. anymore, then withdrawal may not matter much—but you should be aware it effectively ends your path to a green card through your spouse.

2. Divorce Proceedings in the U.S.:

Florida requires at least one party to reside in the state for six months before filing for divorce. If you haven't filed and you leave Florida, your ability to file there later may be affected if you lose your residency. However, your spouse may still file for divorce in Florida while you’re in Argentina, and the court can proceed, especially if proper service is made.

3. Property and Legal Concerns:

If there are shared assets, Florida law generally divides marital property equitably. Since you mentioned you don’t wish to claim any assets, that could simplify the process. Still, it’s wise to consult a Florida divorce attorney before leaving so you understand the consequences of waiving any rights and ensure there are no pending claims that could affect you later.

Bottom Line:

If you’re determined to leave, it’s best to speak with both an immigration and a divorce attorney before your departure. This probably an issue that needs to be resolved by working with at least two attorneys focused in those areas of law.
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Q. How does not being on the deed affect my property rights in a Florida divorce?
A: In Florida, the fact that your name is not on the deed does not automatically mean you have no rights to the property in a divorce. Florida is an equitable distribution state, which means that the court will divide marital assets in a way that is fair—even if not strictly equal.

The key question is whether the home is considered marital property or non-marital property:

If the home was purchased during the marriage, it is generally considered marital property, regardless of whose name is on the deed. You would likely be entitled to an equitable share.

If the home was acquired by your spouse before the marriage, but you contributed to mortgage payments, upkeep, or improvements during the marriage (especially with marital funds), then you may have a claim to a portion of the home's appreciated value or a marital interest under Florida law.

You should speak with a family law attorney who can help you evaluate the facts specific to your case, including how the home was used, funded, and maintained during the marriage. That analysis will play a significant role in determining your rights during the divorce.
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Q. Can I stop alimony if ex-spouse is remarried in Florida?
A: In Florida, alimony payments can indeed be terminated if your ex-spouse remarries, as specified in your divorce agreement. To confirm her marital status and potentially stop alimony payments, you can take the following steps:

Request a Copy of the Marriage Certificate: The most straightforward way to confirm whether your ex-spouse is remarried is to request a copy of her marriage certificate. You can do this by contacting the county clerk’s office where she may have married. In Florida, marriage records are public, and you should be able to obtain a copy for a small fee.

Check Public Records: Some counties may have online databases that allow you to search for marriage records. If you know where the marriage took place, you could use the online services to verify her marital status.

Review Your Divorce Agreement: Ensure that the terms of your divorce agreement clearly state that alimony is to be terminated upon remarriage. The agreement may specify that the burden of proof is on you to demonstrate her remarriage.

Legal Action: If you confirm that she has remarried and her alimony should stop under the terms of your divorce agreement, you may need to file a motion with the court to formally terminate the alimony payments. The court will require proof of her remarriage, such as a marriage certificate, and will issue an order to stop the payments.

If you're unsure how to proceed or need assistance in filing a motion, it might be beneficial to consult with a family law attorney who can guide you through the process.
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Contact & Map
Klein Law Group, P.A.
4800 N. Federal Hwy., Suite B-307
Boca Raton, FL 33431
US
Telephone: (561) 353-2800