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1. What should I bring to my initial consultation?
It depends on the case. For a divorce or modification of a support order, it is helpful for you to bring your most recent tax return and evidence of income, such as your most recent W-2, 1099 or other proof of income. If your case concerns a modification or contempt/enforcement action, bring a copy of the Final Judgment and relevant orders. Also bring financial evidence showing a loss of income if a party is seeking to lower support.
For any pending case or substitution of counsel case, bring copies of initial pleadings such as Petition, Answer, financial affidavits, recent orders, etc. For a paternity case, bring a copy of the child’s birth certificate and any scientific/DNA test results that may have been performed.
A good rule of thumb always is to bring recent tax returns, brokerage statements, pay stubs, mortgage statements, credit card statements and any other evidence of income, assets and debts. After we meet, we will be able to advise you of what additional documents may be needed for your case.
2. I don’t have money to pay a retainer. What options are available?
In certain cases, we may be able to have your spouse pay all or a portion of your legal fees. We also take credit cards.
3. How long will it take for my divorce to be final?
It depends on whether your case is resolved through mediation or by agreement, or whether you have to take it to a contested final hearing in front of a Judge. If your case is not settled prior to trial, it may take 6-8 months to have your case heard by the Judge. However, if you are able to settle your case prior to trial, it could take as little as 30-60 days.
4. How long do I have to be married to be able to receive alimony?
There are several different types of alimony allowed under Florida law, so you may be eligible to receive it, even in a short term marriage. We can discuss your options once we consult with you.
5. My income has changed; can I modify my child support or alimony payments?
You may be able to modify your support payments by showing that there has been a substantial and permanent change of circumstances that has occurred since your support was originally set. You must file a supplemental petition for modification; a verbal agreement will not be recognized.
6. My former spouse isn’t paying his/her child support/alimony payments; what can I do?
The most common method to seek enforcement of your support payments is through the filing of a motion for contempt.
7. I want to move out of the house but I am afraid this will be considered abandonment. What can I do?
In certain circumstances it may be acceptable for you to vacate your marital home; however, please seek legal advice beforehand to make sure you are not going to hurt your case.
8. I want to relocate with my child. Can I do that?
You may be able to relocate. First, you must file a Petition for Relocation and present evidence to the Court that it is in the best interest of the child to change the location of their principal residence.
9. I’m living with an abusive spouse and in fear for my safety. What can I do to protect myself?
You may be able to obtain a restraining order through a criminal and/or civil proceeding. In the meantime, it is advised that you contact the authorities and report any incidents involving violence or threats of violence to your physical person or property. Take photographs to document any injuries or damage and reach out for help. There are numerous social service agencies established in Palm Beach County specifically to assist and protect victims of domestic abuse.
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