Family Law FAQs
Family Law Questions:
How much will my case cost me?
The fees and costs depend on each individual case. Most cases are charged on an hourly basis. We will keep fees and costs low by practicing in an efficient manner. We will schedule you for an initial consultation where the details of your case will be discussed and an initial retainer will be charged.
My spouse cheated on me. How will this affect my divorce case?
Florida is a “no fault state”, meaning generally speaking, a cheating spouse’s behavior would not be relevant in divorce proceedings. In fault-based divorce states, information such as whether the opposing party was unfaithful, abused their spouse, or engaged in other improper or illegal conduct may be admissible. However, if it can be shown that the offending party spent marital money on this third party or that the behavior in some way harmed the children the cheating spouse’s behavior may be taken into account.
Will I be charged with abandonment if I leave my house?
No. In Florida, if you leave your home you are not legally abandoning anything or giving up your rights in the marital home.
I don’t want anything from my spouse not even child support.
Child support is not yours to waive. It is inequitable and a judge will probably not allow you to waive the child support funds that are to be used on the support of your children.
Can my spouse be ordered to pay my attorney’s fees?
A judge may award attorney fees if it can be showed that the requesting party has the need and the other party has the ability to pay.
Civil/Collection Case Questions:
I was awarded a judgment in my case how can I get paid?
There are several procedures that can be used to convert your judgment into cash. You may garnish an individual’s wages, garnish bank accounts and/or receive a civil contempt order that can then lead to a writ of bodily attachment.
Is there any defense that a debtor has against a wage garnishment?
Yes. If the individual debtor can show that they support more than 50% of another person than they will be considered “Head of Household” and be exempt from wage garnishment orders.
Can a person be put in jail for not paying a debt?
No. In the US there are no debtor’s prisons. A person may be jailed for contempt of court, not for not paying their debts.