FAQ Library
Straight Answers to Your Legal Questions
Legal jargon can be confusing, but finding the truth shouldn’t be. Our comprehensive FAQ library cuts through the complexity, offering clear, written answers to the most common questions in estate planning, family law, and beyond. Browse our database to get the reliable information you need, crafted by attorneys who care.
The Law Offices of Travis R. Walker, P.A. Answers Questions
With the third-highest divorce rate in the country, things are not always sunny in the state of Florida’s many marriages. If you need an experienced divorce attorney, The Law Offices of Travis R. Walker, P.A. would be happy to represent you. We are knowledgeable about Florida’s laws regarding equitable distribution, parenting plans, child custody and support, alimony, and other issues related to contested and uncontested divorces. We take pride in being among the best divorce lawyers in Treasure Coast, FL, and many of the surrounding areas. Below, you will find frequently asked questions about divorce law. Should you not find your specific question addressed here, we urge you to reach out and request a consultation with our divorce attorneys. We are here to guide you through an overwhelming time.
What Is the Dissolution of a Marriage?
In the state of Florida, one or both spouses may file for what is called a “Petition for the Dissolution of Marriage.” In layman’s terms, this is the process for filing for divorce. If both parties agree to file for divorce, it is referred to as an uncontested divorce. If only one party is filing, it is referred to as a contested divorce, and this is where things tend to get ugly. Having a skilled divorce attorney in your corner is typically in your best interest.
What Are the Grounds for Divorce in Florida?
While it’s a breeze filing for a marriage certificate in the Sunshine State, it can be anything but when filing for a divorce. There are only two recognized grounds for divorce in Florida:
- Irretrievable breakdown of the marriage
- Mental incapacity of one of the parties
Do I Really Need to Hire a Florida Divorce Attorney?
It is certainly in your best interest, as you have 20 days to respond after being served with divorce papers. Hiring a divorce attorney ensures all deadlines are met, and your rights are considered carefully. When it comes to matters pertaining to alimony (spousal support), child custody and support, and equitable property division, it can be tricky to negotiate beneficial terms with the opposing spouse. Our divorce lawyers at The Law Offices of Travis R. Walker, P.A. are here to ensure the best possible outcome for your divorce, providing solid, aggressive, and compassionate advocacy and representation.
Can I Avoid Going to Court and Still Get a Divorce?
Not all divorces go to court, especially uncontested ones. One of the biggest benefits of working with a skilled divorce attorney is their invaluable assistance with mediation to avoid litigation. Many divorces can be resolved outside of court if both parties are willing to negotiate and compromise. Your lawyer can help you choose which items are worth fighting hardest for and where it may be advisable to make concessions to the other party so that everyone involved gets at least part of the outcome they sought.
Does Each Spouse Need a Divorce Lawyer?
If your spouse has hired a divorce lawyer, then you should too. It is in your best interest to hire your own divorce lawyer separate from your spouse’s lawyer. This ensures you have an impartial advocate and negotiator on your side throughout the proceedings. Unless you have extensive divorce law experience in your background, you should not go up against someone else’s lawyer on your own.
How Long Does Divorce Take in Florida? When Will It Be Granted?
Just as no two marriages are alike, neither are any two divorces. The average uncontested divorce in Florida takes about three months, while a contested divorce may take a year or even longer. The circumstances will dictate how long it takes for your divorce to be granted. Factors influencing the length of the divorce process include the county you file in, the judge involved, and any contested issues, including child custody, visitation, child or spousal support, and property division.
What Issues Will We Need to Settle in Our Divorce?
Issues that will need to be settled during your divorce include everything from the equitable distribution of debts and assets to making spousal and child support arrangements. Full financial disclosure of your assets, liabilities, retirement accounts, tax returns, health insurance benefits, and any pending claims must occur at the start of the process. The reality is divorces become more complicated whenever children are involved. In the state of Florida, parenting plans are required for spouses with children to establish the best arrangements for child custody. Both parties must agree to the terms of the divorce.
Can I Relocate with My Children Out-of-State Before or During Divorce?
Generally, you will need the other parent’s permission or court approval before relocating more than 50 miles away with your children. If you want to move out-of-state, you will need to file a petition for relocation. This usually occurs after a parenting plan, child custody, or paternity case has been filed. Failure to receive permission from the other parent or court may result in contempt of court, which can cause severe consequences, especially for the future of your divorce proceedings. You could be ordered to pay the other parent’s legal fees, attend mandatory counseling sessions, or lose joint custody rights.
What If I’m Not Married to the Other Parent of My Child?
Although the state of Florida tends to recognize an unmarried mother as being the natural guardian of her children, there may be circumstances when you cannot relocate without the other parent’s consent or a court’s approval. If there is a pending court order regarding visitation or custody, you may need to file for a petition of relocation if attempting to relocate more than 50 miles away from the other parent. Always consult an experienced child custody lawyer when in doubt. Have additional child custody concerns? Request a consultation with some of the best divorce attorneys in Treasure Coast, FL today!
The Law Offices of Travis R. Walker, P.A. Offers Client Advice
When you need an experienced family law attorney in Treasure Coast, FL, you can turn to The Law Offices of Travis R. Walker, P.A. Whether you’re divorcing or have concerns about estate planning, our team is available for consultations to help put your mind at ease. Below, you’ll find the answers to our firm’s frequently asked questions. Reach out to us today and request an appointment for aggressive but compassionate representation. We’re here to help you achieve the best possible results.
What Is a Family Law Attorney? When Would You Need One?
Family law attorneys focus on legal issues involving family relations, including divorces, adoptions, child custody, spousal and child support, paternity testing, parenting plans, and more. Hiring a family law attorney is in your best interest to help you achieve the desired outcome for your case.
What’s the Difference Between Joint Custody and Sole Custody?
Courts are often tasked with determining what’s in the “best interests” of children. Factors influencing such decisions include the child’s mental and physical health and safety. The parents’ ability to provide a safe home with access to food, clothing and medical care will be carefully examined, as well as the emotional ties between the child, both parents, and any siblings or other household members. The child’s age, developmental needs, and whether there’s a history of domestic violence are also used to determine custody. Age is not the only factor used to determine whether a child’s preferences should influence custody proceedings. The judge also considers the child’s maturity and intelligence.
How Is a Child’s “Best Interest” Defined? When Can a Child Decide?
It is certainly in your best interest, as you have 20 days to respond after being served with divorce papers. Hiring a divorce attorney ensures all deadlines are met, and your rights are considered carefully. When it comes to matters pertaining to alimony (spousal support), child custody and support, and equitable property division, it can be tricky to negotiate beneficial terms with the opposing spouse. Our divorce lawyers at The Law Offices of Travis R. Walker, P.A. are here to ensure the best possible outcome for your divorce, providing solid, aggressive, and compassionate advocacy and representation.
What Is a Parenting Plan, and Do I Need One in Florida?
The state of Florida requires a parenting plan to determine how much time a child spends with each parent. If the parents live far away from each other, it may also determine who pays travel expenses. Both parents will need to agree upon how time will be shared between them, as well as how to divide all child-related expenses, including healthcare, school supplies, and extracurricular activities.
If I Have to Relocate, What Should I Do About Child Custody?
Generally, if you want to relocate more than 50 miles away from the other parent, you will need to obtain their permission or file a petition for relocation with the courts. Failure to receive permission can find you held in contempt, and you could lose joint custody rights in the future.
What Is Alimony? How Long Does Alimony Last?
Alimony is spousal support granted after a divorce. The marriage’s length, the reasons for the divorce, and the couple’s finances are all used to determine if alimony is appropriate and how long it should last. It is typically calculated based upon an individual’s need for it and the other individual’s ability to pay it. Alimony is usually granted to long-term spouses versus short-term spouses.
Will I Have to Go to Court for My Case?
Not all clients need to go to court. The Law Offices of Travis R. Walker, P.A. will do everything in our power to see that your legal issue is resolved outside of court. While there are never any guarantees, we have successfully settled many issues through mediation and other processes. Please contact us today to request a legal consultation with some of the best family court lawyers in Treasure Coast, FL!
The Law Offices of Travis R. Walker, P.A. Has You Covered
If you find yourself in need of an experienced Florida probate attorney, look no further than The Law Offices of Travis R. Walker, P.A. Our probate services are tailored to individuals and families who are dealing with a deceased individual’s estate plan or personal injury case. We also provide probate services for attorneys seeking executors or local counsel to assist with estates along the Treasure Coast. Below, please find answers to several frequently asked questions regarding the probate process. If you do not see answers to your questions, we encourage you to contact us and schedule a consultation.
What Is a Probate Law Attorney? Do I Need One in Florida?
Probate is a process in which the courts must decide where a person’s assets will go after their death. Assets are anything of value, including real estate, cash, and personal belongings. A Florida probate law attorney is required unless it’s a very small estate or if the executor (personal representative) is also the sole beneficiary. Probate lawyers ensure all probate-related documents are filed correctly and on time. These may include death certificates, property appraisals, wills, and final tax returns.
When Is Probate Necessary?
Probate may be necessary when someone dies if there are questions regarding dividing their assets or collecting any debts owed. Probate is often necessary to resolve disputes when several people claim they’re entitled to the deceased’s estate. The process helps clear land titles, bank and savings accounts, and other assets so that these items can be put in the rightful heir’s name without any legal issues.
What Happens During the Probate Process?
The first step is appointing a personal representative or executor to handle the deceased’s affairs. This person is specified in the person’s will or appointed by the court. The executor is usually the deceased’s spouse, child, or another close relative. However, a bank, lawyer, or trust may be selected if none of these people are available. Next, the deceased’s will is handed over to the court. The executor must provide an asset inventory to the court. If assets need to be sold to pay certain expenses, the executor is typically also responsible for this. Creditors are given written and public notice of the death and must bring forth any claims or debts against the estate within three months. Heirs named in the will are also located and notified, as well as people who owed debts to the deceased. Final tax returns are prepared. Finally, the court ensures all debts are settled and decides how the deceased’s assets will be distributed.
How Long Does Probate Usually Take in Florida?
Generally, probate can take anywhere from six to nine months in the state of Florida. Factors include the size of the estate, how much property must be sold, if taxes or debts are still owed, and if there are any disputes among the heirs about the division of the assets. Smaller estates may be settled quickly and more informally. In some cases, the probate process may be started right after someone’s death.
The Will Says I Am the Personal Representative. Do I Need a Probate?
You will likely need probate unless you are both the personal representative and the sole beneficiary, which is pretty rare.
What Does a Personal Representative Do?
The personal representative gathers an inventory of the deceased’s assets, sells estate assets to pay off the deceased’s debts, and notifies all heirs and creditors of the death. They generally receive a fixed percentage of the estate’s total value for their services. A probate attorney is also advised to help you achieve desirable results. They can help you avoid complicated tax issues and resolve disputes.
Do All Estates in Florida Have to Go Through “Full” Probate?
No. Small estates without real property involved may not be required to go through the full probate process. A process known as summary administration may be recommended instead, which is usually less formal, faster, and cheaper. If the deceased has been dead for over two years, it may also be eligible for this type of administration. However, there is not a deadline for probate in Florida. You may start the process whenever you’re comfortable and ready to move things forward.
Do I Need to Appear Personally in Florida to Probate an Estate?
Generally speaking, no. Most probate proceedings are conducted via phone, mail, and email these days. The only time a personal representative would be required to appear in person would be in the case of a formal hearing to resolve a dispute. However, your probate attorney may be able to attend on your behalf. The Law Offices of Travis R. Walker, P.A. would be happy to answer any additional questions you may have regarding how probate works. It is but one of our many specialty areas of practice. We are also here to assist with estate planning, real estate transactions, foreclosures, bankruptcies, and family law matters, including divorce, adoption, paternity, and parenting plans. Please contact us today to request a consultation with our seasoned Florida probate attorneys!
What Is Estate Planning, and Why Is It Important?
Estate planning is essential because it establishes guidelines for the distribution of your debts and assets after your death. Issues discussed with an estate planning lawyer include your last will and testament, living wills, pet trusts, special needs trusts, probate, and powers of attorney, should you become mentally or physically incapacitated and unable to make decisions regarding your healthcare. Most estate planning attorneys charge sliding scale legal fees for these services, meaning how much they charge is usually proportional to your estate’s gross value.
Do I have to pay money for you to represent me in an accident case?
No, our office works on a contingency fee meaning we do not get paid unless we recover on your behalf.
What is a contingency fee?
A contingency fee is a payment a law firm receives at the end of your case and is “contingent upon” the client receiving some compensation.
Does health insurance matter in an accident case?
It affects how payments are made and fees are negotiated, but does not affect the final outcome of the case.
What is Uninsured Motorist Coverage?
When another motorist does not have insurance or enough insurance to cover your bills, your insurance company will cover part or all of the bills if you have Uninsured Motorist Coverage.
How long do I have to sue someone for an accident in Florida?
Four years
What does No-Fault Florida Car Insurance law mean?
It means that someone harmed must first use their own Personal Injury Protection (PIP) prior to proceeding against any at fault insurance.
How long do I have after an accident to go to a doctor?
You have up to fourteen days to see an approved doctor for any injuries related to the accident.
Should I call the police after an accident?
Yes, a police report with witnesses supporting your side are integral to your case.
Should I take pictures of the accident scene?
If you are well enough to take pictures, then yes. Do not assume anyone else will take pictures for you.
What type of doctor should I go to?
It’s important to find a specialized doctor to assist with your injuries.
