We love fighting soulless insurance companies that profit from our clients’ misery. On the other hand, we hate making a living on people’s broken families, arguing against people who are enduring the worst time of their lives. Family law is often an unhappy business, but Than Law is here to help you through these tough times.
what’s the first step?
The prerequisite for any potential family law client is to recognize that the marriage is over and that there’s absolutely nothing else you can do but separate. Divorces are complicated, nasty, messy, and absolutely should not be used as leverage or a scare tactic to get your spouse to comply.
Legal divorce, or dissolution of marriage, is just a formal way to state:
What will happen to the parties’ properties, including those not presently accessible such as retirement savings?
What will happen to the parties’ debts and liabilities?
How will the parties divide the custody of any common minor children?
How will Child Support be determined?
How will Spousal Support (alimony), if applicable, be determined?
That’s it.
There are two approaches to a dissolution of marriage: Uncontested and Contested. Translation: whether the parties keep their money, or the lawyers keep their money. Those five basic questions can be determined over the dinner table between the two parties or between attorneys’ offices costing you thousands of dollars.
We will listen to your story and help you identify if this is a divorce that can be done cooperatively (uncontested) or contested. We will advise you to, if possible, consult your (soon to be former) spouses on what they want to do. Our goal is to keep your money in your pocket at the most trying time in your life.
UNCONTESTED DIVORCE
If the parties agree on most of the major points above and simply need guidance through the legal system, we charge a flat fee for the services of preparing the petition, all legally required informational pleadings, and all pleadings memorializing the parties’ agreements. We will prepare the final proposed judgment and take the Petitioner (the client) to the uncontested hearing. The timetable is projected between 1.5 to 3 months, depending on court schedules and how responsive clients and their spouses are to our requests for documents.
CONTESTED DIVORCE
Sitting at the dinner table calmly hashing out your separation sounds easier than it is in practice. Often, as relationships deteriorate, communication becomes impossible. More than likely, you’re coming to us because you received service of process for the Petition of Dissolution of Marriage filed by your spouse’s attorney.
In those circumstances, we will fight hard on your behalf, advising you on all legal aspects of your position regarding the five fundamental factors above. The key word under Florida Law is “equitable.” Equitable doesn’t mean “equal,” but rather what’s considered “fair and impartial.” It is our mission to procure what’s fair for our client. Call us today for a consultation regarding your case.