Family Lawyer FAQs

What questions should I ask a family law attorney before I hire him or her?

First, ask about the lawyer’s experience. Does the attorney have experience in family law? What kinds of cases does the firm usually accept? How long have the attorney been practicing family law? Also, ask the lawyer how he or she expects to be paid. Some attorneys request that you offer a retainer, and others charge an hourly rate. Make sure to ask what the hourly rate is to speak to the firm’s paralegals and secretaries. Sometimes, attorneys charge fees for photocopying documents, filing papers and the lawyer’s travel expenses, so remember to ask about these as well. Ask the family law attorneys you interview to estimate how much they believe your case will cost in total. This will help you narrow down your choices if money is a factor. Inquire into how they arrive at their estimations. Communication is another important issue. It will be very important for you to be in contact with your lawyer. Therefore, ask the family law attorneys how they plan to communicate with you. Ask them how they would like you to get in touch with them when you have questions. The practice of law can be a collaborative effort, or the attorney may work on his or her own. Ask the lawyers that you interview if they will personally handle your case or receive help from other staff members. If the attorney that you interview is going to handle the situation without assistance, ask her if she believes that she has time to give your case all the attention that it deserves.

I would like to separate from my spouse. What do I have to do?

You cannot obtain a legal separation in Miami because Florida is a no-fault divorce state. However, you can separate from your spouse and essentially achieve the same results. In Miami, most couples claim that the marriage is broken to the point where it would be impossible to put it back together again. Then, they file for Support Unconnected with Dissolution of Marriage that allows them to live separately with the court’s approval of their terms.

Can I ask my spouse to move out of the house?

You cannot request that your spouse leave the house. The fact that you filed for the divorce does not mean that your rights supplant your spouse’s rights. An exception is if your spouse has threatened you with bodily harm or has physically abused you in the past. If this is the case, you can petition the court for a restraining order that may force the abuser to move out of the marital home.

What is alimony?

Alimony or spousal support provides a dependent spouse with money to meet the expenses of daily living. The paying spouse may be required to pay alimony on a temporary or permanent basis. This will depend on your situation.

I am thinking about terminating my parental rights. Would I still be required to pay child support?

You cannot end your obligation to pay child support by terminating your parental rights. However, this obligation may end if your children are adopted by your ex-spouses future wife or husband, for example. In that case, the adoptive mother or father will be the legal parent and responsible for the children’s care. Remember that if you terminate your parental rights, you will be giving up all privileges that you currently have with your children.

How does child support work?

Child support is the right of the child and not the parents. It helps the child have his or her basic needs met and benefit from the monetary resources of the parent or guardian. Some of the factors to consider when deciding how much your child is entitled to are:

• How many children you have?
• The combined net monthly income of both parents
• The cost of daycare health insurance required for the child
• How many nights each parent would spend with the child depending on the parenting plan.

How are assets and custody distributed during a divorce?

These should both be distributed prior to the dissolution of a marriage. Assets and debts must be distributed equally under Florida law. Some marital property to consider may include, personal property, homes, cars, and retirement benefits, debts, which may include mortgages, car loans, credit cards, and investments.

Name change for marriage or divorce

If you are planning to change your name because of a recent marriage or divorce, marriage and divorce certificates are legal proves and can serve to notify Florida government agencies such as the Social Security Office and the Department of Motor Vehicles of your new name. Florida residents can change their names for these two reasons and also for more personal reasons such as a significant life event.