how to pick a divorce lawyer in south florida

How do I choose a divorce attorney?

How to Choose a Divorce Attorney - Learn more by visiting our Florida law blog today! Close Menu. Menu; Call. Pensacola: (850) 912-8080 Sandestin: (850) 424-6683. Email; Visit; ... Some divorce lawyers primarily work on high-asset divorce cases, others on cases involving children, and yet others on grey divorces. ...

How do I file for divorce in Florida?

 · Getting into a divorce is an emotional setting, and you should have a professional guide to lead you through this important process. A local Florida divorce lawyer can counsel you on the best course of proceedings, compromise and be in favor on your behalf.

How can I get a legal separation in Florida?

 · Even an amicable divorce will almost always represent a very stressful time in the lives of all involved. For the best results, you will still need the assistance of a divorce attorney. Meanwhile, a more bitter divorce may represent facing protracted legal battles, willful personal attacks, and more. A good divorce lawyer becomes all but essential.

What are some common legal questions during a divorce in Florida?

 · How to Choose a Miami Divorce Lawyer. Blog Home. Posted on September 12, 2011 in Divorce ...

How much does it cost to hire a divorce lawyer in Florida?

On average, Florida divorce lawyers charge a minimum of $260 per hour and a maximum of $330. Average total costs for divorce lawyers range from $11,000- to 14,000 but are typically much lower in cases with no contested issues.

How much does divorce cost in South Florida?

The average cost of divorce in Florida is $13,500 without children or $20,300 with children, according to USA Today. However, the actual cost of a divorce in Florida can vary by tens of thousands of dollars based on the type of issues involved in the case and how those issues are resolved.

Do I have to pay for my spouse's divorce lawyer in Florida?

As a rule of thumb, the more contentious the divorce case, the more your attorney will charge you. Fortunately, however, Florida law allows spouses to make their spouse pay their divorce attorney's fees.

Who should file for divorce first in Florida?

“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”

Who pays attorney fees in divorce?

The decision about who pays divorce attorney fees is made by the family law judge on a case-by-case basis. In some divorce cases, each party pays their own attorneys. In other cases, one spouse will be ordered to pay all or part of their ex's attorney fees.

How long do you have to be separated before divorce in Florida?

There is no specific requirement in the Florida Family Law Rules requiring that the spouses must be separated for days or weeks or months or years before petitioning for divorce. Partially, this is because Florida is a no fault divorce state.

Is it better to get a local divorce attorney?

When it comes to anything in life, knowing what to expect helps us navigate the situation better. A local attorney is the best choice because they will give you great legal advice for this particular jurisdiction and court system with direct knowledge of local laws and customs.

How can I pay for a divorce with no money?

Some of the funding options available include;Legal Aid. Legal Aid for divorce is now only available for a limited number of extreme cases. ... Help with Court Fees. ... Funding from your partner. ... Legal Services Provision Order. ... Maintenance. ... Sears Tooth Agreement. ... Borrow Money from Family. ... Litigation Loans.

What is the law for alimony in Florida?

Durational alimony in Florida can be awarded in short-term or moderate-term marriages. It is alimony for a pre-determined amount of time and cannot exceed the length of the marriage. For instance, if married for two years, one spouse cannot receive durational alimony for more than two years.

What is wife entitled to in divorce in Florida?

When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.

Who gets the house in Florida divorce?

How is property divided in a divorce? Under Florida divorce law, all marital property is subject to equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).

How is debt divided in a divorce in Florida?

Florida follows the equitable distribution doctrine when dividing marital assets and liabilities in a divorce. It means that a divorcing couple's property and debt should be divided fairly but not necessarily equally. Usually, the higher-earning spouse is assigned more debt than the lower-earning spouse.

How to prepare for divorce?

2. Prepare for your divorce attorney appointment. Before meeting or having a phone consultation with the attorneys on your list, you should prepare for the appointments. Remember that you are interviewing the attorney for a job, and treat your meeting like a job interview, wherein you are the employer.

What happens if you have a mediating attorney?

If dealing with a mediating attorney, understand that should the negotiations between you and your spouse break down, the attorney will most likely excuse himself or herself from the case. You will then both have to start over with new attorneys.

What information is required to file for divorce in Florida?

This includes all bank account information, titles and deeds, retirement account statements, tax returns, pay stubs or income information and debt information. Each party must file a Florida Family Law Financial Affidavit.

Is substance abuse a reason for divorce in Florida?

Because Florida is a no-fault state and one spouse only needs to state that a marriage is irretrievably broken to start a divorce, substance abuse does not need to be cited as a reason for ending a marriage. However, when substance abuse is present in a marriage, it can have an impact on the final outcome in a couple of ways.

What are the factors that affect a marriage?

Some of these factors will include: 1 Each spouse’s economic circumstances 2 Contributions to the marriage by each spouse including contributions as a homemaker and caring for kids 3 The duration of the marriage 4 Did one spouse contribute to the education or career advancement of the other spouse 5 Did one spouse put their career on hold for the good of the marriage 6 The contribution of each spouse in acquiring income and debts 7 How desirable is it to keep the family home for the good of continuing to raise kids 8 Did one spouse dissipate marital assets before filing for a divorce petition, either through substance abuse, gambling or other reckless pursuits 9 Any other factors that are pertinent in fairly determining the equitable distribution of assets

What is Florida's child custody law?

Florida bases child custody on the best interests of children in a dissolution of marriage and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. Assuming there are no negatives, courts will seek to ensure that both the mother and the father play an active role in raising children.

Can a marriage end in Florida?

Marriages in Florida can end through an annulment or by divorce. Legal separation is not recognized or permitted in the state. Florida is a no-fault state, and a spouse only needs to claim that a marriage is “irretrievably broken” or that one of the parties is mentally incapacitated. There are requirements that must be met to claim mental ...

What is marital property in Florida?

Marital Property in Florida. The distribution of marital assets and debts in Florida is covered by Chapter 61 of the Florida Statutes. While some states are known as community property states, Florida is governed by equitable distribution.

What is joint debt in divorce?

Most debt in a marriage is joint debt, meaning that it was incurred during the marriage and both spouses are responsible for it. This can be credit cards, auto loans, home loans or other debt incurred to buy personal goods.

How does divorce work in Florida?

Also called a "dissolution" of the marriage, Florida divorces legally begin when you or your spouse files a "Petition for Dissolution of Marriage" with the Family Department of the local circuit court. The court serves the other spouse with the paperwork and gives him or her time to respond.

What are the requirements for divorce in Florida?

One: Requirements for Florida Divorces. If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. If both you and your spouse agree that there are "irreconcilable differences," and there should be a divorce, ...

What is alimony in Florida?

Alimony is an extension of the obligation for spouses to support each other financially during the marriage. In divorce laws in Florida, a court can order alimony if it is "well-founded.". Factors the courts will look at include: the standard of living during the marriage; the length of the marriage; and the age and physical condition ...

Does divorce affect Florida taxes?

It is important to think about how a divorce, for Florida residents, will change your taxes. Property transfers, taxability of alimony payments and dependency deductions for children may all affect your tax filing status. Working with an accountant along with your lawyer will help you avoid making mistakes you may not be able to fix after the divorce.

Can a divorce be finalized without a trial?

The court serves the other spouse with the paperwork and gives him or her time to respond. If both you and your spouse agree on how to divide property, debt and responsibilities for any children, the divorce can be finalized without a trial. Otherwise, the court will assign a time for a hearing.

What happens if you don't agree to custody of your child?

If you and your spouse cant come to an agreement on child custody, the court will make a decision based on what is in the "best interests" of the child. Unless there is a reason that it would be detrimental to your childs upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility over specific aspects of a childs welfare, such as primary residence, education or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child and the preference of the child, among other factors.

Do judges divide assets equally?

Judges will divide assets equally, unless there is a basis for unequal distribution. The judge will consider both you and your spouses economic circumstances and the contributions each of you made to the marriage (including care for children and your marital home). If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for unequal distribution.

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