(954) 344-2889

When contemplating divorce, like other serious legal matters, choose the best lawyer you can afford, not the cheapest one you can find.  Divorce laws are complicated and as a rule, there is no such thing as a "simple" divorce.  There are almost always issues such as the transfer or division of marital property, debt, primary custody, visitation schedules and the exact amounts of support.  The parties rarely agree on everything and 'simple' matters become complex requiring the expertise of a lawyer who knows the laws in this area.  

When going through a divorce or other family matter, this is also a very stressful time of one's life and people should choose a lawyer who is sympathetic to their cause.  We turn more cases away than we accept, especially if a potential client comes in with unrealistic expectations.  Most people forget that Florida is a No-Fault State. This means that you cannot force someone to be married to you in Florida.   If they want a divorce, they will get one. The only main issues are the terms - usually money and primary residential custody of children, if any.   Marital fault if any, is generally only relevant to the extent of splitting up certain properties where special equities may be involved, where there is alimony involved, where one spouse depletes or squanders assets, mistreats children or, is alleged to be an unfit parent.

We will speak with you about your case.  We will advise you what to expect and how we can achieve it.  Once we are retained, we will provide aggressive representation and do everything that is possible within the boundaries of the law to get a just result for you.  If there are significant assets, a party has hidden assets or the other side has hired a lawyer to harass you as much as legally possible, expect to spend additional money on legal fees, investigation of assets, the possible use of experts, forensic accountants, depositions, hearings, etc.  We use some of the finest private investigators in the area and if you need one to gather evidence in your case, provided you have the funds, we will see to it that one is properly retained on your behalf.  Divorce is all about money and it will cost you in both legal legal fees and part of your marital assets when you get a divorce.  When parties divorce, in most instances, each will have less than they had as a married couple.  It is like splitting up a pizza- no one is walking away with the entire pie.  This is the cost of 'buying out' of an unhappy marriage or in the event you are the respondent and don't want the divorce, a reality you will have to accept before you get on with your new life. 

Florida is not a "community property" state, but an equitable distribution jurisdiction.  In the absence of any special equity in property or valid pre or post-nuptial agreement, marital assets are generally split up 50/50 unless the parties agree otherwise or, there would be an unfair windfall to one party - especially in a long term marriage.  There are issues as to what exactly the couple's "marital property" consists of and to divide, whether the parties came into the marriage with assets, the financial and employment history of the parties to the marriage, whether there was a pre or post-nuptial agreement and if such an agreement is valid and enforceable, and, issues regarding child support and/or alimony.  Getting the parties to the negotiating table is an important step because many property issues can be discussed, negotiated agreed upon then separated in an infinite number of elegant ways that can benefit both parties.  There are tax consequences to a divorce as well.

In Florida, alimony is only awarded under certain instances and usually not awarded for a long time if at all.   Alimony is based on the ability of one party to pay and the actual need of the other party.  Every divorced father will pay some child support based on certain guidelines.  Being out of work is not an excuse for not paying child support and a judge will impute income to a party who is able to work but refuses to.  Each case is unique and requires careful thought as to what will best serve the client's, the facts of the case, case law (precedent) on the subject and Florida Statutes.

Choose your battles wisely!  As a rule, it is best for the parties to agree on certain things if possible, rather than have a judge decide their fate. And this is the reason why:  Circuit Court Judge's decisions are rarely overturned by appeals courts especially when it comes to deciding the findings of fact of the case. A judge's ruling is generally presumed correct unless it was based on some abuse of discretion and/or misapplication of the law.  In the family law arena, if one wants to challenge a judge's ruling or decision, it is very expensive.  And we are talking a minimum of $10,000 -$20,000 + to pursue an appeal to the District Court with no guarantee of the result.  A party may be able to appeal the District (appeals) Court decision to the Florida Supreme Court if they are unhappy with the result.  This will cost you at least another $10,000 - $20,000 +.  So reality now sets in.  Resolve and agree upon what can be resolved to limit the issues for the court to decide.  Do you really want a judge who does not know you deciding what days of the week or holidays you can see your child?  Trivial issues such as these should never be left up to the court.

In practice it is for this and other reasons that most matters are resolved prior to trial, but if the parties cannot agree on all terms, and if a trial is necessary, we will vigorously present your case to the judge at trial, subpoena witnesses, hire experts if necessary, prepare you for trial and cross examination your spouse to expose any flaws or falsehoods in his or her testimony.  Children are typically not allowed to be witnesses in your divorce case without permission of the judge and this request is rarely granted.  So don't expect your child to be brought into court to testify to support your case.  Sometimes a judge will appoint a Guardian Ad Litem, an independent lawyer that represents your children in all proceedings or perhaps psychologists or other medical professionals.  This is yet another expense that one or both of the parties will have to pay for.  What the children tell the Guardian might be used as evidence in the case when the Guardian is called to testify. 

The judge will then decide your case on the contested issues submitted and if the parties have agreed on some issues, all of this will be incorporated into a Final Judgment/Order which will be enforceable from that point on and punishable by contempt proceedings before the same judge should a party willfully violate the terms of the order.

Call us now to setup an appointment to discuss your case. Initial telephone conversation with the lawyer is free.