Frequently Asked Questions

If you have only been married for a couple of months or years and have no children, no property, and no money or assets, you probably can do just that. If, however, you have children and/or property, money or assets, and if you have read the above listed questions (which is just a short list of the many problems that can occur) you should seek legal assistance and not be penny wise and pound foolish. The legal process is very complicated, even with the "correct downloaded forms". The majority of knowledgeable family attonreys do not use "downloaded, boilerplate" forms. They draft their own motions and pleadings to the custom needs of the individual case, following the parameters of the forms. In representing yourself, any errors made could be considerably more costly to correct than hiring the professional to start with. Remember these infamous words, "only a fool has himself for a client"."

Due to attorney/client privilege, it is not advisable to communicate over the phone as there is too much anonymity. However, if an action has been filed against you and Florida does have jurisdiction, our office can put certain safeguards in place and arrange a personalized phone conference. You would have to provide identification and enter into an attorney/client privilege relationship, prior to the phone call taking place. We take every possible precaution to assure our existing clients' privacy and confidentiality.

Many people request an "aggressive" attorney. While we can be and certainly are (when necessary) "aggressive", we will always represent your legal interests diligently, always aware of the costs and emotional levels involved. An opposing attorney can set various motions and hearings on a regular basis, many of which could be unnecessary, all while acting within the law. This will ultimately cause much more acrimony and chaos during the divorce process and add to the legal expenses. Each time an attorney prepares or responds to a document, attends a hearing, etc., they are billing hourly. HOWEVER, having said that, when the opposition is behaving badly or improperly, this firm will do everything within its power to cause that behavior to immediately stop, including but not limited to seeking the appropriate remedies through the courts, including extra attorney's fees to be paid by the opposing party.

Yes, your spouse must be served (possibly through their attorney if they have one). However, we will advise you as to all the steps you can and must take in the event you feel threatened in any way. Your protection and the protection of your child(ren) is of utmost importance to this firm. We understand the problems that arise and are here to assist you as you move forward.

No, under these circumstances you cannot get a divorce in Florida. You must be a legal resident of the State of Florida to obtain a divorce here. That means you and your spouse must reside together, as husband and wife, for six (6) months preceding the filing for divorce. In this specific scenario, you would have to obtain a divorce in your home State of Massachusetts.

Generally, and during the marriage only, if the property has increased in value due to time, labor, contributions, and/or improvements, the spouse may have an interest in the increased value only.

Unfortunately, with today's real estate market being so depressed, this upside down equity situation is a common occurrence. The financial burden put on families during these times only makes a bad situation worse. In many cases it can be the culprit that helps lead to divorce. There are no "simple" answers to this complex problem. Numerous issues need to be analyzed. You need to be advised by a family attorney as to the potential options. An experienced family attorney deals with these types of matters on a daily basis. You cannot put a price tag on piece of mind!

Generally speaking, if the debt was incurred during the marriage and is not considered a "dissipation of marital assets" (ie: funds spent on an extra-marital affair, etc.), it is a marital debt which will be equally divided.

A ten year marriage is generally considered a "gray area" marriage, as to length of time. According to Florida law, it is not considered a short marriage, nor a long marriage. There is no definitive answer to your question, as the court must consider and evaluate many factors in determining an award of alimony. Note - In Florida there are no guidelines for alimony as there are for child support. The courts look to the length of the marriage, the ability of one party to pay and the needs of the receiving party, the amount of funds each party receives after the assets are divided, along with the lifestyle the parties led during the marriage, factoring in whether or not the parties were living within their means. We may engage the services of a vocational expert to determine how much income should be imputed to your spouse (if they were working within their capabilities in today's market) which would lower the amount that you might have to pay. Also, there are many forms of alimony; permanent, lump sum, rehabilitative, bridge the gap and temporary, all of which can be either modifiable or non-modifiable. Alimony can be very complicated due to the many factors involved. We will be able to discuss all the options with you, depending on your individual circumstances.

You can file a Petition for Modification of Alimony. To do so, you must show a substantial change of circumstances. Certainly your ex spouse residing with someone else is a change of circumstances, but the court looks further - such as whether or not the cohabitation constitutes an economically supportive relationship. This obviously could extend to same sex live-in relationships as well.

Under the laws of the State of Florida, your child is entitled to an adjudication of paternity as to the father. Your child is also entitled to child support and the father has an obligation to pay it. Children are entitled to the benefits of two (2) parents being involved in their lives, unless there is some showing of evidence that doing so is contrary to the best interests of the child.

The state of Florida believes that every child has the right to enjoy the benefits of two parents - also that neither parent can "waive" child support, which is the right of the child, not of the parent. The father has rights and will be entitled to have time sharing with his child (unless, of course, he is somehow a danger to the child or it is somehow not in the child's best interest). He will also be required to pay child support, even if it is put in a trust for your child's future.

You can certainly get a divorce, as Florida would have jurisdiction under these circumstances. However, moving out of the state with your children without court approval is another issue. Relocation requests can be made and presented to the court. Without consent of the other party, the court will follow statutory and case law and evaluate many factors as to whether or not you may relocate. The burden is on the requesting party to show that it is in the best interest of the child(ren) to relocate. The court cannot stop you from relocating, but it may stop the child(ren) from relocating. The reason for this is obvious; the other parent will not be able to attend school events, extra-curricular activities and the like - in other words, their relationship with the child(ren) will be much different. If you relocate without permission, the court can force you to return the children to Florida, even if you have purchased property in another State.

First, you must contact the authorities, such as the police and/or the Department of Children and Families. Depending on the circumstances, you should also obtain a restraining order on behalf of your child, against the parent or step-parent who is or may be abusing the child. Again, depending on the circumstances, you should receive an expedited hearing so the court can determine what is in the best interest of the child.

If the DNA test (which you will ultimately have to take) proves that you are the father, you are going to have to pay child support, pursuant to Florida Child Support Guidelines. You will also have rights to your child regarding time sharing, shared parental responsibility and the like.

Retainers and fees are set on a case by case basis. A case with no children and no property will probably require less legal fees than a case with children and assets. This is justified considering the two most often litigated issues involve both children and/or money/assets. The fee is also dependent on the behavior of both parties and their willingness (or lack of willingness) to be reasonable for a quick and fair settlement. Florida statutes consider the ability of one party to pay for fees and the need of the other party to receive assistance from the other.

Other then the consideration of receiving two payments (within a short time frame of each other and when warranted), this firm does not work on installment plans. However, one can consider putting required payments on an accepted credit card and paying the issuing credit card company on monthly installments.

Certain clients have indicated that they have "legal insurance" through their employers. This firm will certainly cooperate in filling out any necessary forms to allow you to be reimbursed by any insurance, however, we do not wait for the insurance to pay - you must make the required payments to our firm and then get reimbursed from the insurance company.

A restraining order is a serious legal directive. You will have a hearing within a few weeks and your spouse (the Petitioner) will then present his/her case to the Judge. Testimony wil be taken at that hearing and you will have the opportunity to bring witnesses to testify on your behalf. Generally, this is not the type of hearing you want to attend without consulting an attorney for an understanding of what to expect. If children are involved it could become more complex. Pending the outcome, the temporary restraining order can either be dismissed or extended."