Family Law FAQ’s
How long does the divorce process take?webadminEvery divorce case is unique, and the length varies depending on the circumstances. Factors that affect the time include the number of contested issues and how quickly the parties can reach an agreement. Cooperation and honesty about assets, openness for negotiation, and willingness to make sacrifices from both parties will expedite the process. Conversely, stubbornness, evasion, and hostility can be detrimental to both the length and cost of the case. Every effort will be made to keep the case out of Florida family court.
How is property divided in a divorce?webadminProperty division can be quite complex. Property is divided based on community (acquired in the marriage) and separate (what each party brought into the marriage) property. Florida family law follows equitable division law, which means the division of property is fair, not necessarily equal. Thus, the portion of the total assets each party will receive creates a fair and equitable financial balance.
How can a Florida divorce attorney help?webadminA competent, experienced divorce lawyer is vital for helping you understand the divorce laws in FL, guiding you through all the necessary steps to the divorce process and providing neutral, rational insight and support through such an emotionally charged situation. Having expert counsel by your side throughout your family law matters saves you valuable time and money in the long run and ensures you reach a favorable resolution.
Should I have a prenuptial agreement?webadminPrenuptial agreements are a personal choice. It can be very beneficial to document the terms of what will happen to your assets, property, or children should you ever divorce. While a prenuptial agreement can be valuable for every marriage, typical reasons for a couple deciding to draft one can include:
- A significant difference in age
- A significant difference in financial status
- One or both parties have children from previous marriages and want to ensure they can inherit certain assets
- One or both parties want to protect business partners
How can I enforce child support?webadminIf a noncustodial parent falls behind on child support payments, there are options for enforcing it, but only through court involvement. The court can use various methods to collect any back child support payments. These methods can include income withholding, wage garnishment, interception of tax refunds, liens, or attachments to property. Additionally, a court can take punitive actions if these methods are unsuccessful, including license suspension, passport denial, and even possible jail time.
How does the court determine child support?webadminSimilar to child custody, judges determine child support based on the best interests of the child. Judges will weigh several factors, namely the ability of one parent to support the child and the financial status of the other. Additional considerations include any special educational needs of the child, the physical or mental health of the child or either parent and the credentials or ability of the recipient to obtain work.
How does the court determine child custody?webadminThe court considers several factors when determining the custody of children, such as living situation, proximity to other family members and schools, and income of each parent. A custody arrangement that is in the best interest of the child is always the priority. Unless extreme circumstances necessitate separating the child from one parent, a judge will typically favor joint custody arrangements. These circumstances can include any history of abuse, drug or alcohol use, and mental or physical health issues. The bottom line is that your children's interests are always protected.
Criminal Law FAQ’s
What should I do if I get arrested?webadminIf you are arrested, you have the right to contact an attorney. The police will attempt to ask you questions and they may require you to make a formal statement, but you are not legally required to do so. You can request the presence of an attorney and if you are denied your right to an attorney, the law enforcement officers are in violation of your rights.
How do I know if I’m being arrested?webadminSometimes police will bring a suspect in for questioning, but not necessarily arrest them. Any time the police make you feel as though you do not have the right to leave their custody, then you are legally under arrest.
If the police have a warrant, can they search my property?webadminTo search through someone’s personal property, the police must have reasonable cause—and they use that reasonable cause or evidence to request a warrant. So, if they do have a search warrant, you must oblige with their request. If, however, they do not have a search warrant, and they request your permission, you do not have to give them permission to search your home, car or even your office.
Am I required to take a field sobriety test if I am pulled over and suspected of a DUI?webadminThere is a difference between a field test and an actual BAC or breathalyzer test. Because field tests are extremely inaccurate at determining whether or not a person is legally drunk, you could request a BAC instead. If you fail a field test, but do not fail the BAC, then they may not have probable cause to arrest you for a DUI.
Is it true that anything I say can be used against me in a court of law?webadminYes, anything you say in the presence of law enforcement can be later used against you in court. That is why you should answer questions as short as possible and contact a criminal defense attorney to assist you with your case.
Do I really need a criminal defense attorney?webadminWhether you are being questioned, arrested or arraigned, you should always hire a criminal defense attorney any time you become the subject of an investigation. An attorney can protect your rights and even prevent a case from ever going to arraignment just be negotiating or getting evidence thrown out. Without an attorney, you could face harsher penalties or be charged with a crime you are not even guilty of committing.