Ocala Divorce Lawyer Blog

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

Common Divorce Myths

Ocala Divorce and Family Law firm have come across many common myths and misconceptions that people have about divorce. If you are considering a divorce, a family lawyer will be qualified to address these.

Some of the most common myths include:

Myth #1: "I can do this myself: I do not need a lawyer."

Hiring a divorce lawyer is not a requirement but it is highly recommended. A divorce lawyer has much experience with each aspect of divorce law. He or she will review your case, give you honest legal options and always protect your best interests. A divorce is still a legal process and the results of the divorce are generally final and binding. A good family lawyer will assist you in the process and attempt to make a stressful process as stress-free as possible for you and your family.

Myth #2: "The woman always gets custody of the children: If I'm the Father I'm only going to get Visitation."

False. The Florida Statues 61 that govern divorce specifically states that the court CANNOT consider the gender of the parent when making a custody determination. More and more courts are giving the Father custody (or the most overnights). A divorcing couple may decide that the father would be the better custodial parent. In cases where the divorce is contested, a judge will resolve the issue according to the best interest of the children, regardless of gender.

Myth #3: "The child can decide where he/she wants to live when they turn 13."

False: The child's preference where he or she wants to live my play a small part in a custody determination, but by-and-large children are not allowed to choose where they want to live until they turn 18. Once they become legal adults, the can choose. But the courts do not give the children authority to make that decision before age 18.

Continue reading "Most Common Florida Divorce Myths discussed by Ocala Attorney" »

I heard this question today, and I told my prospective client that I get this question so often I should probably put something on my blog about it. There are many myths regarding this area of divorce law. The question I usually get is, "if I move out the martial house because _________ fill in the blank, (usually the reasons are too much fighting, I can't take it anymore, I'm afraid that someone will get arrested if I stay) will the court think I've abandoned the my house, and will I lose any legal or financial interest in the property?

The short answer is, "no."

Continue reading "If I Move Out of the House - Do I Abandon the Property?" »

One of the most frequent questions I get from prospective clients is, "do I really need an Attorney to handle my divorce?" My answer to that question is always the same, "whether you hire me or another lawyer, if you have children, or property or have been married more than 3 years, then you definitely need an attorney." I'm always wary about sounding like I sound like I am trying to convince someone to hire me, but that is really not the issue. The issue is that a Divorce is regular litigation in Circuit Court and whatever you and your soon-to-be former spouse agree to, you are bound by in the form of a contract. Most people know that it's very difficult, if not impossible, to get of a signed contract. A divorce agreement is really no different. In Family Court, we have our own set of rules, our own division in Circuit Court and our own set of Judges.

So it brings me back the question, "do I need an Attorney to handle my divorce?" Absolutely. Marriage is a powerful legal institution giving spouses rights and privileges like no other. And, as a powerful legal institution, marriage is not easily dissolved. Divorce must be handled carefully in order to ensure that the parties involved actually get what they think they are getting: a fair and permanent solution.
Unfortunately, that $199 do-it-yourself divorce may cause bigger problems that it solves. Simple errors during a do-it-yourself divorce can cause serious and lasting problems. These are just some of the problems I have seen:
• Placing a check mark in the wrong box on one of the forms
• Failing to file something in a timely manner or to make an objection in a timely manner
• Failing to file a required document or a complete Parenting Plan
• Neglecting to address issues that may concern the court
Even something as small as using a poorly chosen word regarding the marital home or the parenting plan can end up causing damage that is difficult to repair.

Continue reading "Do-It-Youself Divorce - a very dangerous proposition" »

I often hear people tell me, we lived together for 10 years before we got married, although we've only been married for 5 years. They go on to tell me that they've bought property, made financial commitments together, and lived together as if they were married. This question is usually tied together with a follow-up question about whether this spouse would be entitled to receive some type of alimony. When the relationship ends, that spouse is coming to lawyer to find out what their rights are.

Unfortunately, I am the one that has to pass along the bad news. In the State of Florida, unlike California and some other states, there is no palimony law. Palimony is a form of alimony awarded to one member of a non-marital couple who have separated. A palimony claim is a claim for alimony like support that arises out a relationship in which two parties have been living together or co-habitating without being married.

That means that the client has spent usually anywhere from 7 to 20 of the best years of his/her life with another person, with no legal recourse after the relationship ends. "But we lived together as Husband and Wife", the spouse says. "Everyone we knew and all of our friends thought we were married, " the spouse adds. The problem is in Florida that living together gives them no legal status, no matter the length of time. There is just no Palimony in Florida.

Then I get questions about "Common Law Marriages." In approximately 14 states and the District of Columbia, Common Law Marriage is a possibility and is as good as a marriage license. If you live in one of the states listed below and you "hold yourself out to be married" (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage. Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must follow all the same rules as "regular" married couples. These are the following States that allow for Common Law Marriage: Alabama, Colorado, Georgia (if created before 1/1/97), Idaho (if created before 1/1/96), Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Ohio (if created before 10/10/91) Oklahoma (possibly only if created before 11/1/98), Pennsylvania (if created before 1/1/05), Rhode Island, South Carolina, Texas, Utah, Washington, D.C.

Continue reading "Living Together vs. Being Married: Does it make a difference?" »

How Long Will this Take and How Much Will It Cost?

When talking to prospective client, the number one question I'm asked is, "How long will this take and how much will it cost?" People want to know how long will they be tied up in the divorce process, and when it's all over what are going to be the financial ramifications. The reason they are generally asking is because they want to know when can they get on with their lives and what financial resources will be left to use. Like so many things were the legal process is concerned, there are no clear answers.

My answer is almost always the same, "it depends on the two of you." What do I mean by that? Well, are the divorcing parties going to behave like they are auditioning to appear on "the Jerry Springer show"? Will they file frivolous/false Domestic Violence Injunctions against each other? Will one parent attempt to prevent the other parent from seeing the children? Will one the spouses wipe out the bank account, leaving the other spouse penniless? If the answer is "yes" to just one or all of the above then we will certainly end up in court. Each and every time we have to go to court, it will generally cost approximately $500 to $800 to draft the pleadings, call the court and get a hearing time, send out the notices of hearing, prep the client for court, attend the hearing and then doing the Order. Going to court is not cheap. Having the Judge make a decision means that parties lose control over their own case. And if you have to do this 3 or 4 times, the initial retainer will be depleted. The more the parties engage in bad behavior the more expensive the case will become. The flip-side of this is, if the parties can get past some of the anger and pain to work on divorcing each other, the less it will cost and the less emotional wear-and-tear will be taken on the divorcing couple.

Continue reading "How Long Will this Take and How Much Will It Cost?" »

The following list is common issues involved in Florida Divorces. The process has specific time requirements. So if you have been served with Divorce papers, please do not wait in seeking the advice of an attorney.

The time-frame of a divorce can take anywhere from a month (for an uncontested divorce) to years if the parties are litigating issues involving large financial assets or fighting a "custody battle" for the children.

A divorce starts when one of the spouses files a a Petition for Dissolution of Marriage and is finally over when there is an entry of a Final Judgment. When one spouse serves the other (by process server) with a Petition for Dissolution of Marriage, the spouse receiving the Petition has 20 calendar days to file an Answer. If no Answer is filed, the Court may enter a default. It is crucial during this time period to consult with an attorney.

Mandatory Disclosure/Discovery: After the Petition and Answer have been filed with the court, the next period of time is for the exchange of Financial documents pursuant to Florida Rule of Family Procedure 12.285. Each spouse has the obligation to exchange all financial information to the other spouse. These documents consist of Family Law financial affidavit, monthly bills and expenses, assets and liabilities. Each party must also produce tax returns, credit card statements, bank statements, and other documents.

Informal Negotiations with the other side: If both spouses are represented, having the parties with their attorneys sit down and meet can often times resolve most if not all of the issues. It's important for the attorneys to be honest with their clients about the likely outcome of their case.

Mediation: Approximately 90% of all Divorce and Family law cases settle in Mediation. Mediation an arbitration process in which the parties and their attorneys meet and attempt to settle their case with the help of a neutral third-party (the mediator). The Mediator may be another attorney, a mental health professional or possibly even a retired Judge with family law experience. If a Mediated Settlement Agreement reached, it is signed by the parties, their attorneys and filed with the court. A Final Judgment of Dissolution is entered dissolving the marriage based on that Mediated Settlement Agreement.

Trial: Trials can be very emotionally draining and very expensive. However, a trial may be necessary if all other attempts to resolve the case are unsuccessful. At the trial, a judge will hear the evidence presented by the parties and will make a decision regarding all disputed matters. The judges' decision will be in the form of a Final Judgment of Dissolution of Marriage.

Here are some additional things to consider before a divorce is filed:

1. One party must be a Florida resident for at least the six-month period immediately preceding the filing of the divorce petition.

2. Is your spouse currently pregnant with your child or another person's child? All martial and non-marital children need to be addressed in the divorce.

3. Parenting Plan and time-sharing with the children.

4. Shared parental responsibility. Both parents are presumed to have Shared Parental Responsibility, which is the decision making for the children. Unless otherwise directed, both parents would continue to make day-to-day decisions on behalf of their children. These decisions would include school, doctors, after-school activities and religious upbringing.

5. Child support (including health insurance and day care expenses). The most important factor that relates to child support is the way the time-sharing is divided by the parents.

6. Alimony (based on need and ability to pay)

7. Division of property acquired during marriage (including pension/401k type programs, and businesses) and division of debts. Note that the assets to divide would usually not include inherited property, property brought into the marriage by one spouse, or property acquired via a gift from a third party solely to one spouse. (even if such gift is during the marriage.) But an exception to this principle may be where the property has been put into both names, or commingled into a joint account with your spouse.

8. Disposition of marital home. Do the parties want to sell the home or is one going to buy the other out of his/her interest.

9. Relocation issues - is one of the parents seeking to relocate with the minor children more than 50 miles away from the current residence.

10. Restoration of maiden name. Does the Wife wish to go back to her maiden name or leave it as her marital name. The choice is the Wife's alone.

11. Attorney fees: Issue of whether your spouse is in such superior financial shape compared to you that your attorney fees should be paid by him/her. (assuming you can't afford the fees)

If you are thinking about starting the Divorce process or have been served with Divorce papers, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.