Orlando
Attorney
& Lawyer, providing experienced Family Law,
Estate Law, Contract Dispute, Debt Collection
Harassment, and IRS Dispute legal services in
Orlando and throughout the Central Florida
Area.
I can't afford an attorney
but I need a divorce - what should I do?
If one spouse has
the ability to pay the legal fees of the other,
the court will often require the more
financially able spouse to pay all or part of
the other person's legal fees.
If neither party
has the ability to pay commercial rates for an
attorney, there are a few less expensive
alternatives.
Mediated
Settlement Agreement
The
parties can choose an attorney,
preferably a certified family mediator
to facilitate discussions between the
parties with the goal of achieving a
settlement agreement. However, the
mediator does not render legal advice.
Collaborative
law procedure
Pro Se
dissolution
Is there a way I can get an
attorney to help me when I have limited funds?
Any time that
matters need to be moved through a court
process, some type of legal assistance is going
to be needed. The best assistance usually is
obtained from a trained, experienced attorney.
The attorney can render services all the way
from a single conference, to handling a court
trial. Court rules also provide that specific
assistance such as an appearance at a hearing,
or a deposition, or preparation of documents,
may be obtained without retaining an attorney
for the entire process. It may be well worth a
call to the firm to find out more about this
process.
My spouse is dangerous or
abusive, how can I get a "restraining order"?
A "restraining
order" is common language for what the Courts
refer to as a Domestic Violence Injunction. A
temporary domestic violence injunction can be
ordered by the Court when the person asking for
protection has a reasonable fear of imminent
bodily harm or serious injury.
Details on how to
petition the court for a domestic violence
injunction can be obtained from the Clerk of
Court for the county in which you are located,
or from an attorney who practices in such
matters.
The judge can
fashion many different types of conditions into
a domestic violence injunction. Some of the more
common terms include:
Requiring the
alleged abuser to have no contact with the
victim or any of the victim's minor
children.
Requiring the
Sheriff's department to confiscate all of
the weapons owned by the alleged abuser.
Requiring the
abuser to attend a hearing within a matter
of 10 days to determine how long the
injunction will last.
Requiring the
abuser to pay spousal support and/or child
support while the injunction is in place.
Requiring the
alleged abuser to vacate the home where the
couple live, and only allow one visit to
pick up personal items while the police are
present.
Can I get alimony to help me
for a while until I can support myself?
Depending on the
length of the marriage and several other
factors, Florida courts sometimes require a
spouse who is able to pay spousal support to do
so if the other spouse has a need -up to the
extent of maintaining the same standard of
living established during the marriage.
Whenever there is
an extended dissolution process, the court will
usually grant a motion for such support while
the dissolution is working its way through the
court.
When appropriate,
there are four types of alimony granted by
courts in a dissolution:
Rehabilitative
alimony - provides support until an income
generating plan for the recipient can be
fulfilled. For example, obtaining an
educational degree or other vocational
training.
Permanent
alimony - provided to spouses who have been
in long-term marriages, and typically
provides support until the death or
remarriage of the entitled party.
Lump-sum
alimony - Just as it sounds - a one-time
support payment.
Bridge-the-gap
alimony which may be authorized by some
courts to fulfill a short term remedial
purpose.
How can I get sole custody of
our child?
Custody and
visitation are terms being replaced by the
concepts of "contact schedules" and
"time-sharing" schedules. Floridas dissolution
laws have changed as of October 1, 2008 to
require a time-sharing schedule be included in
every dissolution order involving minor
children. Each parent typically has some
contact, even if only by telephone with the
child. If the mother and father are able to
reach an agreeable contact schedule
(time-sharing plan), then the judge will often
order the parties to comply with the agreed
schedule. When the parents cannot agree, the
Court must set a schedule after considering a
list of statutory factors set forth in the
Florida Statues.
Can I make my spouse move out
of our residence while we are going through a
divorce?
Sometimes the
courts will award one spouse the exclusive use
of the residence while the dissolution is
ongoing.
250 North Orange Avenue, Suite
1112, Orlando,
Florida 32801 | Telephone 407-843-5885 | Fax
407-841-7774 |
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