FAQ'S

Below you will find answers to our most frequently asked questions about divorce and family law. Feel free to contact us if you need additional help. Choose any category to skip to that section.

FAMILY LAW & COVID-19

We have safety measures in place within our office to protect both our clients and our staff. Our office works both virtually from home as well as from the office. We meet with clients on Zoom, FaceTime or whatever other platform is convenient. With today’s variety of communication technologies, there is little need for personal contact or in-office meetings or visits. We can essentially handle a client that is 500 miles away in the same manner as we would handle one that is local. However, if there is a need to come to our office, we do wear masks and practice social distancing.

The courthouse remains closed for most cases. We now have virtual “hearings” via Zoom which tends to be very effective. There are many advantages to having virtual court hearings.

  • 1. There is no in-person contact with the “other side”.
  • 2. There is no worry about finding courthouse parking, paying high prices to park, dealing with crowded elevators and waiting in the halls for the judges to call our case.
  • 3. All of the above results in less stress and less costs and fees. For example, for a hearing where physical presence is required, the attorney must charge portal to portal time to get to the courthouse. Then, there is the charge of between $10.00 to $20.00 to park. There is the waiting time to get into the actual courtroom and then there is the time for the actual hearing. All total, a one hour hearing will usually be billed for approximately 2 hours depending on the wait, plus the parking situation. With Zoom, we all “wait” on our computers, until the court “let’s us in” to the hearing. No parking, no non-productive waiting, no crowds, and minimum stress. The only time billed is the actual time in the courtroom! This is a considerable cost savings to the client.
  • 4. Trials are also being conducted virtually by Zoom. Yes, they are considerably more complex than hearings. I have personally conducted trials that have included all of the necesssary legal and client personnel on both sides, in addition to witnesses, forensic accountants, and translaters etc.
  • Mediation is conducted virtually via Zoom. Zoom has a feature that allows for “break-out rooms”. This allows the mediator to go from virtual “room to room” to caucus with each side individually or we can all meet together, depending on how the mediation is going. If we reach an agreement, it is emailed to everyone and we are now able to notarize online. We then submit the agreement to the court, via the e-portal, and the case gets set for final hearing, which is usually a 5-10 minute hearing. You only get charged for that time, rather than the 1 hour travel time to get to the courthouse plus the waiting time.

    Depositions are conducted virtually via Zoom. The court reporter is there recording everything. All parties and their attorneys are present. There is no in-person contact, it is very safe.

    The short answer is no. The court’s do not want the children to not see either parent during this health crises. However, the court’s do understand that there are certain very real circumstances and concerns that require a court hearing. These issues are given top priority status on court calendars and, if the concerns are found to be valid, then the court intervenes with some alternative time sharing, such as virtual time sharing.

    Virtual timesharing can still be supervised. This is how this is being done at this time. Because timesharing is supervised, does not mean that it needs to stop.

    Frequently Asked Questions about Divorce

    Florida is an equitable distribution state, which means that many factors are considered so that there can be an equitable result to both parties. Factors, such as length of marriage, contribution prior to marriage, debt prior to marriage, dissipation of assets during the marriage (on something other than within the confines of a marriage, such as money spent on an affair), etc. This includes, but is not limited to, real property, vehicles, bank accounts, 401(k)s, pensions, jewelry, collectibles, furnishings, electronics, credit card debt, tax liens, student loan debt, personal debt, etc. In a long-term marriage, you are, more than likely, looking at a 50/50 split unless there are extraordinary circumstances. Title to property and/or debt does not usually matter, unless there is a prenuptial agreement that addresses the issue.

    Yes, we can certainly discuss all the parameters of a potential divorce, including but not limited to, issues regarding time-sharing, division of assets and debts, alimony, child support, domestic violence issues, relocation, etc. Please contact us so we can discuss this with you in more detail, depending on the facts surrounding your particular situation.

    The short answer is “no.” I handle all family law matters involving a wide variety of issues, from relatively short-term marriages, with or without children (which might be considered “lower cost”) to high-end divorces with a lot of assets, children issues, alimony issues, etc. If your only goal is low cost, feel free to call us and we will do everything we can to guide you through the self-help program at the courthouse.

    It depends on what you both want to do, or you can bring it to court and the court will generally order a sale and you and your spouse will divide the net proceeds. However, if the home was purchased prior to the marriage, there will be credit for that to the person who owned the home prior to the marriage, if appropriate. Additionally, if marital funds were used to improve the home and to pay down the mortgage, if any, over a period of years, the court will utilize a formula that is set forth in case law, to determine what percentage of the equity in the home, goes to which party. Distribution of real property is quite complicated and it is important to have legal guidance in this regard and it is recommended that you contact us so that we may guide you further, and help protect your interests.

    The court can “claw back” funds that were inappropriately removed and you can possibly get your portion of these funds back through a larger portion of another asset. Your attorney will file a motion to freeze spending, if that is a concern in your case, as soon as your case if filed. Time is of the essence.

    The talk of alimony changing has been in the news a lot lately, but the law has not changed, as our governor did not sign the bill. So, we still have what has been known and remains to be known as permanent alimony. However, permanent alimony is rarely “permanent” as it is always modifiable upon a change of circumstances, such as retirement or the inability to work at the same level at the time the judgment was entered. Many factors are and will always be considered, such as the length of the marriage and the needs of one spouse coupled with the ability to pay by the other spouse. Alimony is complex. It is designed to assist the party with lesser income (if their own income is unable to meet their “needs”) and/or ability to earn income, to transition into their single life. It is not designed to equalize income of the parties. It is best to arrange a consult, with an attorney, to discuss your individual situation and the options regarding alimony.

    The laws are the same for gay couples as for heterosexual couples. Both parents, barring detriment or harm to the child, will have equal rights to parenting time.

    Yes, we are able to prepare a will, living will and power of attorney for you and your spouse at any time. If you already have one, you do not need to change it. Contact us to learn more.

    Frequently Asked Questions about Child Custody

    We no longer call it custody in Florida. We refer to it as time-sharing: majority of time-sharing or equal time-sharing. The court utilizes many factors in determining what is in the best interest of the minor children. The court recognizes, absent abuse, addictions, etc., that children need time with both parents and will consider all the relevant factors currently in the statute. It is always hopeful that parents can agree on the issue regarding time spent with their children, but if they cannot agree, an attorney can guide you and the court can ultimately order the time-sharing parameters. There is also decision making authority, which is usually shared between the parents, regarding major decisions involving the health, education and welfare of children. In rare circumstances, sole decision making is awarded to one parent, usually in the event that one or both parents is/are incapable of co-parenting due to extreme circumstances.

    More than likely you will get your children for the majority of the time and, depending on the severity of the problem, safety measures will be put in place to ensure the safety of the children when with the troubled parent, while still protecting the sanctity of the relationship between the children and both of their parents. In some instances, a restraining order between the parent and the children is appropriate.

    Unfortunately, this is something that many people are doing these days, as they find it effective (if inappropriate) in harassing the other parent and interfering with time-sharing. As long as you are not placing your children in harm’s way (or allowing others to do so), you have nothing to fear. However, the mere presence of DCF coming to your home when you have the children is most likely causing trauma to the children. You should contact a lawyer who, after a full discussion on this issue, can give you guidance as to what steps you might be able to take, including bringing criminal charges against the harassing spouse.

    If the other party is failing to comply with the parenting time agreement, you need an attorney who can help remedy this situation. It may be necessary to modify the agreement.

    There is a relocation statute that requires consideration of many factors, as to whether or not you or your spouse can move with the children. Agreement of the parties or court permission is required. It is a complicated process and you should speak with an attorney.

    See the previous question regarding the relocation statute. Not paying child support and not seeing the children, are issues the court can consider. Merely not paying child support is not enough. Again, it is very complicated, so consulting with an attorney is best.

    The amount of child support is statutory and will be calculated based on many things, including but not limited to, net income of the parties, time-sharing, costs of health insurance, after care for children, etc. Alimony, if any paid/received, gets calculated into the overall income of the parties for purposes of calculating child support. Alimony is generally taxable to the recipient and tax deductible to the payor.

    Parents must contribute to health insurance for their children and it is calculated into the child support guidelines, as is the cost of their own personal insurance. Ex-spouses are not allowed to carry health insurance for the other spouse once divorced, through their “family plan,” except possibly through COBRA, if available for a short-period of time. However, they may be required, depending on the circumstances, to contribute funds to allow the other spouse to obtain health insurance on their own.

    If there is an obligation of support and as long as obtaining life insurance is not cost prohibitive, there can be a requirement for the payor to carry enough life insurance to secure any support payments court ordered. There can also be an order for the nonpayor to maintain a minimal policy to protect the support of minor children, in the event of that parent’s untimely death.

    The laws are the same for gay couples as for heterosexual couples. Both parents, barring detriment or harm to the child, will have equal rights to parenting time.

    An adoption makes a person a legal parent of a child. This creates a permanent parent-child relationship and vests numerous legal rights in both the parent and the child. It puts the adopting parent, for all intents and purposes, on exactly the same legal footing as the biological parent. Parental rights can be granted to parents, but also to nonparents (grandparents or other relatives often have the children living with them for a variety of reasons). Shared parenting allows you to participate in certain decisions about the child. It will be unlikely that the child will qualify for certain government, legal, or military benefits or inheritance rights from you just because you have parental and/or time-sharing rights. It is important that you understand this distinction, so see an attorney for additional information.

    Frequently Asked Questions about Domestic Violence

    You need to find a time when you can contact us from a secure line. We will make arrangements to meet with you so that you are protected. We will then guide you to an “escape route” to get away from the abuser. There are many services and people available to help you. Just reach out and we will do everything we can to assist you while keeping you safe from harm. Of course, you should always contact law enforcement any time you are in physical danger and do so immediately.

    Other Frequently Asked Questions

    More than likely you will get your children for the majority of the time and, depending on the severity of the problem, safety measures will be put in place to ensure the safety of the children when with the troubled parent, while still protecting the sanctity of the relationship between the children and both of their parents. In some instances, a restraining order between the parent and the children is appropriate.

    The court can resolve this issue. Yes, the father has rights if he invokes them through the court and as long as he will not harm the child and it is in the best interest of the child. Your child is entitled to the support and love from both parents. If the father has not seen the child for some time, the court will most likely grant a “sliding scale” time-sharing schedule to integrate the child into the parents’ life.

    There is a relocation statute that requires consideration of many factors, as to whether or not you or your spouse can move with the children. Agreement of the parties or court permission is required. It is a complicated process and you should speak with an attorney.

    See the previous question regarding the relocation statute. Not paying child support and not seeing the children, are issues the court can consider. Merely not paying child support is not enough. Again, it is very complicated, so consulting with an attorney is best.

    Generally speaking, yes, prenuptial and postnuptial agreements are valid in our state. However, there must have been full disclosure and no coercion (especially just days or weeks before the marriage).

    First, neither party abandons their rights if they leave the home. In fact, sometimes it is wise for one of the parties to move out, especially if there are children and there is high conflict in the home. The one who leaves should be the one who has somewhere to go (relatives, friends, etc.). If neither of you can leave or will leave, then it is up to the court to tell you how to handle it and it can take quite some time to get in front of a judge, once something is filed with the court. If there is physical violence, you should get to the courthouse and file for a restraining order.

    You can contact the state attorney’s office for the crime that has been committed. You most likely will not have to pay it, pursuant to the criminal charges. In family court, the judge can order the responsibility to be that of your spouse. However, the company may still come after you, especially if your spouse does not pay. Criminal charges are important in this type of case. Fraud is fraud.

    Yes, we can retain the services of a private investigator and your spouse can be tracked through a variety of ways. Contact us for more information.

    There may be an entitlement to rehabilitative alimony to enable you (or your spouse) to become re-educated and to assist on living on your/their own, while going to school. However, there are many factors to consider and you must speak with an attorney regarding these factors. Keep in mind, that based on these factors, your spouse (or you) may or may not have to support (or receive support) for very long, if at all, as this was a short-term marriage.

    Possibly. If you married prior to same-sex marriages becoming legal in Florida, you may need to update the deed to your home to hold title as “tenants by the entirety.” This is a form of ownership that reflects a full and indivisible interest in real estate, only available to married people like you. Contact our attorney for information.

    First of all, stop posting on social media during a divorce. All it can do is hurt you. Second, if you must post do so MINIMALLY, change your password and do so on a regular basis. Remember, everything you post lives forever and can come into court to haunt you, even if it was posted “innocently” and even if posted by others, so talk to your friends too. This is no time to go public with your life via the internet.

    We utilize “forensic” accountants, “forensic” technology specialists and investigative services who are experts at retaining this information. There is an additional fee for these services but the information that can be obtained is very valuable and can yield a windfall to you, if it is discovered that certain inappropriate actions have taken place, many of which may have lead to your decision to divorce.

    It changes all the time. There are times when most of my clients seem to be women and other times when most of my clients seem to be men. I get a lot of referrals from clients, so if I am handling men, they usually refer other men. Contrarily, if I am handling women, they usually refer other women. It helps in my overall practice to work on both sides, as it assists me in understanding how both sides tend to litigate and prepares us on “what to expect” from the other side.

    I pride myself on believing in everyone’s rights. I always diligently follow the law and act in the best interest of my client, while always keeping the children, if any, and their needs, in mind.

    I am sure that the lawyer “attacking” you seems really mean, but most likely he or she is just “doing their job.” I can be and I am very aggressive when it is effective and is to your benefit. What you need most is someone who gets the job done in a cost-effective and efficient way and that is what we do. We fight when necessary and try to resolve things when it is beneficial to you. For example, it usually takes a while to get into court. If we have an urgent matter that needs to be resolved as quickly as possible, it is in your best interest that you have an attorney with good negotiating skills who can pick up the phone and work something out with the other attorney — not just some bully who will file motions with the court, to be “mean” and then have us all sit around and wait three months for a hearing.

    Our firm handles family law clients every day who are in other states as well as in other countries. After you provide certain information to me about your case so that I can ensure client confidentiality, I will be happy to arrange for a telephone conference to determine how the issues can best be handled and whether or not jurisdiction is proper here in Florida. So many things are done electronically today, that it is rare that you have to make an “in-person” appearance.

    Did we answer your questions? We hope so. If you have any questions that were not answered, please contact us today at (954) 776-2320 (24-hour availability) to schedule a FREE consultation.

    The information provided herein is not to be interpreted or assumed as legal advice, and is simply offered as very general guidelines with the state of Florida. Individual circumstances must be factored into all answers.

    Additionally, we represent international family cases. However, depending on the membership of the specific involved country with the Hague Convention, the answers to questions can be complex with many variables.