Six questions everyone should ask their divorce attorney

1. “How long is the process?”

The process may take anywhere from a few months to a few years.  This is largely determined by how much fighting takes place, the number of issues involved and the court’s dockets.  At The Law Offices of Travis R. Walker we strive to resolve your case in the manner you direct.

2.  “Am I entitled to alimony?  Am I required to pay alimony?”

Alimony in Florida is determined by a large number of factors.  Some of these factors are delineated in Florida Statute 61.08 which provides some of the following criteria:
the court shall consider all relevant factors, including, but not limited to:

  • (a) The standard of living established during the marriage.
  • (b) The duration of the marriage.
  • (c) The age and the physical and emotional condition of each party.
  • (d) The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each.
  • (e) The earning capacities, educational levels, vocational skills, and employ-ability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  • (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
  • (g) The responsibilities each party will have with regard to any minor children they have in common.
  • (h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
  • (i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
  • (j) Any other factor necessary to do equity and justice between the parties.

The result is a large gray area of law which must be navigated.  For more information please contact our office at 772-708-0952

3. “Am I entitled to child support?”

Florida law gives great weight to child support as it is of public interest to ensure that all children are cared for.  Much of the calculation is based on a combination of overnights versus income.  The Law Offices of Travis R. Walker can help guide you through this process.  Contact our office today for more information at 772-708-0952

4. “Can I get my attorney fees paid for?”

Florida divorce law does provide for the ability to recoup and receive reimbursement for attorney’s fees paid in certain circumstances.  These circumstances include need versus ability to pay.  If you are interested in more information regarding attorney’s fees please contact us at 772-708-0952

5. “What about the home we own?”

Marital property is subject to equitable distribution.  This includes any marital home.  There are a number of factors that go into determine whether or not property is marital including how it is titled, whose name it is in and timing.  We can help you determine whether the property is marital or non-marital.  Call us today at 772-708-0952 for more details.

6.  “Will I have to go to court?”

Many divorces proceed without both parties having to appear in court.  At the final hearing at least one party, typically the Petitioner, is required to attend.  If evidentiary hearings or a trial is necessary then you may be required to attend.  You have the right and our office always invites you to attend hearings regardless whether your attendance is required.  Many divorces occur with one of the parties located out of town.  Our office has assisted many out of town clients, and client whose spouse is located out of town.  For more information call our office today at 772-708-0952

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