what attorney does divorce

What can a divorce lawyer do?

• Advise you on strategy. An experienced divorce attorney will be able to tell you how likely it is you'll get what you're seeking in the divorce.
• Negotiate on your behalf. ...
• Handle paperwork. ...
• File motions to resolve other matters. ...
• Create a financial snapshot. ...
• Hire and interview experts. ...

Full Answer

What to look for in a good divorce attorney?

Aug 28, 2019 · There are some tasks that your lawyer will take care of, including drafting paperwork, filing documents, and keeping track of deadlines. You aren’t expected to know the laws of your state or handle the logistics of your case—that’s why people hire divorce lawyers in the first place. An experienced attorney will take charge of your divorce, but will need your help …

How do I find a good divorce attorney?

Oct 11, 2019 · One of the first things your divorce lawyer will want to know is whether you have a prenuptial or postnuptial agreement in place. A prenuptial agreement is negotiated and signed before the marriage occurs; in contrast, postnuptial agreements occur after the wedding. Both of these are considered “nuptial agreements”, or agreements made in ...

How do attorneys charge clients for a divorce?

Divorce in Florida. Florida is a “no-fault” divorce state.You do not have to prove one party is at fault for marriage troubles. For example, a spouse does not have to provide evidence of adultery or domestic violence to obtain a divorce, unlike some other states.. The only requirement to file for divorce is to be a Florida resident for at least six months before filing and that the ...

How to choose a good divorce attorney?

May 15, 2017 · With the help of an experienced Tampa divorce lawyer at our firm, your flat fee divorce can be completed in as little as 20 days. On the other hand, contested divorces can take many months and, in some cases, years to complete. Our professional legal team will help draft all the necessary legal documents and efficiently navigate your divorce through the Florida …

How do I file for divorce?

Florida is a “no fault” state, therefore; you won’t have to provide evidence of adultery or criminal abuse for a divorce. Florida law only requires...

Will I have to pay alimony?

The fundamental principal guiding an award for Florida permanent alimony is the disparity in monetary resources of the two parties. However, dispar...

What are my custody rights?

In Florida child custody & divorce cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan o...

Who gets to keep the house?

When a divorce is filed, the court will order an “equitable distribution” of martial assets and liabilities, including the house. Generally, the co...

What is a flat fee divorce?

Generally, it is the same as any other divorce, the only difference is that instead of being charged an hourly fee you are charged a flat-fee. The...

How much is a flat fee divorce?

The costs will vary based on the specifics of each case. Generally, the legal fees for a flat-fee divorce range between $1,500 - $2,500.

Is a flat fee divorce less expensive?

Yes, typically a flat fee divorce is less expansive than paying the lawyer based on an hourly rate. The hourly rate for an attorney typically range...

How long does a flat fee divorce take?

Normally, a flat fee divorce takes 60 – 120 days to complete. However, the timeframe for a divorce will vary based on the specific circumstances of...

Starting Your Divorce Case

Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process.

What Do I Have to Do in a Divorce?

Don’t think that once you hire a divorce attorney that you can book a month's long vacation. You and your lawyer will need to keep in touch frequently as your divorce progresses. Your lawyer may look to you to provide factual background for the paperwork or “pleadings” filed in your case.

What states have community property laws?

The rules on marital property division will vary from state-to-state. Most states divide marital property based on the legal theory of equitable distribution. However, nine states have laws that apply community property rules. Community property states include: 1 Arizona; 2 California; 3 Idaho; 4 Louisiana; 5 Nevada; 6 New Mexico; 7 Texas; 8 Washington; and 9 Wisconsin.

What are the issues in divorce?

Every divorce is different and may involve multiple issues. These can include dividing up property and debt, child custody matters, and spousal support. In order to understand your particular case, the lawyer will need accurate and detailed information from you.

Can alimony be paid in lump sum?

The amounts may be paid in a lump sum or on an ongoing basis. Like child support, alimony can become a complex issue that can impact negotiations. If you plan on seeking spousal support, then make sure you bring it up with your attorney right away. If you do not plan on seeking spousal support, then let them know.

What are the rights of a divorced spouse?

These may include your right to marital property, child custody, and financial support. For instance, an abusive spouse may have difficulty obtaining sole or primary custody of a child.

What do you need to divide in a divorce?

When you divorce, you will need to divide up your marital property and debts between you and the other party. Depending on your situation, this can be a complicated process. The lawyer will need to understand what assets and debts are involved in the proceedings.

Why is it important to hire a lawyer for divorce?

Selecting and hiring a lawyer is an important decision. For many people, divorces are too complicated and emotionally charged to handle on their own. A local divorce lawyer can help you understand your legal rights, file the appropriate paperwork, and facilitate a workable separation.

What is a prenuptial agreement?

A prenuptial agreement is negotiated and signed before the marriage occurs; in contrast, postnuptial agreements occur after the wedding. Both of these are considered “nuptial agreements”, or agreements made in connection with a marriage. If you and your spouse have in fact signed a nuptial agreement, then it typically will dictate how your income, ...

What happens when a couple decides to separate?

When a couple decides to separate, they will need to make decisions regarding the distribution of their property. If a couple cannot reach an agreement, a family law court will step in and divide the property for them. Under the law, the court must make an equitable distribution of the marital assets and estate.

Is a postnuptial agreement common in Tampa?

Prenuptial and postnuptial agreements are becoming more common in Tampa Bay and are not just for wealthy couples. Nuptial agreements prepared by our family law attorneys can help all couples avoid an expensive and stressful divorce process.

What is equitable division?

Equitable division means the court will divide the marital property evenly between the two parties unless there are reasons to justify one party being awarded more than 50% of the property.

What does Florida custody law say about children?

In a Florida divorce or child custody case, the judge will consider the children's best interests when deciding how time-sharing will be allocated amongst the parents. See Florida Statute 61.13. Florida custody law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the custody arrangement will depend on the specific facts and circumstances of each case.

What happens when you divorce a house?

When a divorce is filed, the court will order an “equitable distribution” of marital assets and liabilities, including the house. Generally, the court will divide the marital assets and debt/liabilities 50/50 between the couple unless there are factors that would make an equal split inequitable.

How long does it take to get divorced in Florida?

The only requirement to file for divorce is to be a Florida resident for at least six months before filing and that the marriage is “irretrievably broken.”. Irretrievably broken is a legal term for saying that the marriage cannot be saved by counseling or other means.

When does the Governor's Executive Order 20-94 expire?

On April 2, 2020, Governor Rick DeSantis issued Executive Order 20-94 in response to the COVID crisis. The Order suspended foreclosure actions and evictions for 45 days. Shortly before its scheduled expiration, Governor DeSantis issued an additional extension for 30 days. The Governor continued to extend the Order each month for 30 days until recently. On September 30, 2020, Governor DeSantis announced he would not be extending the Order and would allow it to expire on October 1, 2020.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How much does a divorce cost?

Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.

Do divorce lawyers charge by the hour?

Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

How much does a divorce attorney cost in Florida?

This analysis showed that the total cost of a full-scope divorce attorney in Florida ranges from an average minimum of $11,000 to an average maximum of $14,000.

How long does it take to get divorced in Florida?

This is true no matter what state you live in. Still, even though Florida has a relatively short waiting period before a divorce can be final (20 days), some things that are specific to the state can add to the time a divorce takes: Delays for divorces with children.