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Divorce
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Divorce
Questions
Q. How long must I be a Florida resident before I can file for divorce?
A. Six months.
Q. Everything that we have acquired during our marriage is in my
spouse's name. Do I have a claim to any of it?
A. Yes. Any asset acquired during the marriage, no matter whose
name it is in, is considered to be a "marital asset" and is generally
divided 50/50.
Q. I have two children and my soon to be ex-husband says he can
only afford to pay me a small amount each month for child support.
Can he pay whatever amount he feels like paying?
A. No. Florida has very strict requirements concerning the payment
of child support. Child support is calculated by referring to a
chart, commonly known as the "guidelines", established by the state
legislature. The amount of support is determined by a formula which
includes the "net" income of both parents.
Q. How much does it cost to file for divorce?
A. Although the clerk's office periodically changes the filing fees,
the current filing fee for a divorce action in Palm Beach County
is $364.00 ; in Broward County it is $364.00. The sheriff in each
county charges a nominal fee of $35.00 to serve the papers.
Q. What are the legal fees I should expect to pay for a divorce?
A. Legal fees can vary considerably from case to case. For example,
if a couple has a short term marriage, with no children and little
property in dispute, the legal fees would be nominal, most likely
less than $500.00. Compare that situation with a long term marriage
involving disputes about values of assets, custody disputes and
claims for alimony. The legal fees in a case such as this could
be substantial, and would be determined by the actual hours devoted
to the case.
Q. I am very concerned about my children and my wife is often times
irresponsible. What are my chances of getting custody of my children?
A. Under Florida law, The father is given the same consideration
as the mother. The court is concerned about the "best interests"
of the children. After hearing evidence, the children are placed
in the custody of the father. Each case must be heard on its own
merits.
Q. What exactly does it mean when people say that Florida is a "no
fault" divorce state?
A. The court will not make any inquiry into "who did what to whom".
If a couple wants a divorce, they are entitled to one, no questions
asked as to the reasons.
Q. I just lost my job. My spouse is threatening me that if I don't
pay every cent of child support I agreed to pay, I will not be allowed
to see my child. Does my spouse have the right to do this?
A. No. The payment of child support and visitation rights are not
dependent upon each other. You have the absolute right to have visitation,
whether the support is paid or not. There are other remedies available
against a parent obligated to pay child support who refuses or is
unable to pay. The remedies will depend on whether the refusal to
pay is willful or not.
Q. How long does it take to get divorced?
A. If there are no disputes, generally within 30 days.
Q. How long do I have to wait after my divorce before I can remarry
again?
A. There is no waiting period in Florida. You can get remarried
immediately after obtaining a divorce.
Q. How does the court divide our property?
A. Any property that was acquired during the marriage will be divided
50/50 in almost every single case. Any propert that you owned prior
to the marriage is yours to keep.
Q. I inherited some money from my family. Does my spouse have a
right to share in my inheritance?
A. No
Q. How much child support should I receive from my spouse?
A. The amount of child support is determined by Florida guidelines,
which is a chart that details the amount to be paid. It varies based
upon the income as well as the number of children involved. Contact
me with particulars in your case to receive an estimate.
Q. Can I move out of state with my children?
A. This is often a difficult question for the courts, and the ultimate
decision is based on several factors that the court considers. Some
points that the court considers is whether the move is likely to
improve the quality of life for the child; whether or not the non-custodial
parent has exercised the visitation rights that have been afforded
to him; the feasibility as well as the expense involved in alternative
visitation.
Q. I have no idea where my spouse is, can I still get divorced?
A. Absolutely. You can obtain a divorce by publication, which is
more common than you may think.
Q. My spouse is verbally and physically abusive, and it is very
difficult to continue to reside in the same household. What can
I do?
A. The courts want to be certain no one is harmed during the proceedings.
Under these circumstances, your spouse will be removed from the
home.
Q. What type of payment arrangements can be made for legal services?
A. All major credit cards are accepted. Additionally, payment plans
are always accepted to fit your particular budget Bankruptcy Questions
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Bankruptcy
Questions
Q. I hear about
all kinds of bankruptcies; Chapter 7, Chapter 11, and Chapter 13.
What do they all mean?
A. Corporations and businesses with substantial debt generally file
under Chapter 11 in an effort to restructure their debt to stay
in business. Individuals most often file a complete liquidation
of all their debts under Chapter 7 and obtain a "fresh start" or
file a plan of reorganization under Chapter 13 in order to get caught
up on certain debts, such as a mortgage on a home.
Q. How long does it take to file for bankruptcy?
A. The actual filing can be done very quickly, in a few days. The
whole process takes about 90 days. Q. Do I have to go to court?
A. There is one very brief hearing involved, which generally lasts
for about 5 minutes. The hearing is held before a US Trustee. You
probably will never see a judge when you file bankruptcy.
Q. How long does a Chapter 7 bankruptcy filing appear on my credit
report? A. 10 years. Q. How often can I file bankruptcy, if necessary?
A. Every 7 years. Q. Will I have or be entitled to receive any credit
for the 10 years after the filing of bankruptcy? A. Yes. Generally
speaking most individuals who obtain a discharge under Chapter 7
start to receive credit within 2-4 years. It all depends upon the
individual.
Q. What does it cost to file bankruptcy?
A. The filing fee for a Chapter 7 bankruptcy is $200.00.
Q. What are the legal fees involved in a bankruptcy?
A. Most often, the legal fees run from $500.00 to $1,000.00, depending
on the complexity of the case.
Q. I owe a substantial amount of money to credit cards, medical
bills, and I have had a car repossessed. I have very few assets.
What type of bankruptcy should I file?
A. You are probably a candidate for a Chapter 7 bankruptcy, which
essentially wipes out all of your unsecured debt and gives you "a
fresh start." You may call me to discuss the particulars of your
case.
Q. I lost my job and I am now working again, but I have fallen several
months behind in my mortgage payments. The bank refuses to accept
any kind of payments from me and has filed a foreclosure. Is there
anything I can do to keep my home?
A. Yes. The Bankruptcy code provides for this very situation. You
can file a Chapter 13 bankruptcy and stop the foreclosure. You can
take up to 60 months to cure your arrearages and get caught up.
Q. Can I keep any of my property when I file a Chapter 7 Bankruptcy?
A. Yes. Florida law is extremely liberal with regard to this issue.
You can keep your homestead, $1,000.00 in personal belongings ($2,000.00
for married couples filing jointly), all funds in retirement accounts,
pre-paid college programs, $1,000.00 equity in automobiles, and
other various exemptions.
Q. My creditors are calling me day and night, driving me crazy.
Can you make them stop?
A. Yes. Once your creditor has been advised that you are represented
by an attorney and realize that you have committed to the filing
of a bankruptcy, they will stop calling you.
Q. I just got served with a lawsuit. Will bankruptcy help me in
any way with the lawsuit or is it too late?
A. Yes, bankruptcy can help. Upon the filing of a bankruptcy, all
legal proceedings pending before you are brought to a halt, and
there can be no further proceedings against you unless authorized
by the bankruptcy court.
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