1. What are the grounds for a divorce in Florida?
2. How long I have to live in Florida to obtain a divorce in Florida?
3. How will my property be divided in a dissolution of marriage?
4. How do I get time with my child/children?
5. If we have children in common, how will child support be determined?
1. What is Probate?
2. Who distributes the asset in a probate case?
3. Are Personal Representative required to have an attorney?
4. Is the Personal Representative attorney the same as the beneficiaries’ attorney?
5. What is are Letters of Administration?
6. What is Formal Administration?
7. What is Summary Administration?
8. Do I need a lawyer for Florida probate?
9. What is the difference between a Wills and a Living Wills?
Personal Injury Law
1. What should I do if I was insured in an accident?
2. How much will it cost be to speak with an attorney?
3. What should I bring to meet with an attorney?
4. What happens if it is a child that was hurt or injured?
- What are the grounds for a divorce in Florida?
In Florida, divorce is legally known as dissolution of marriage. Florida is also a no-fault divorce state. Being a no fault state, you do not have to establish fault to dissolve your marriage.
- How long I have to live in Florida to obtain a divorce in Florida?
To file a dissolution of marriage in Florida, one of the parties in the marriage must have lived in the state for six months or more prior to filing.
- How will my property be divided in a dissolution of marriage?
Florida is an equitable distribution state, meaning that marital property and debts must be divided fairly between spouses. While equitable mostly means equal, that is not always the case. There are many factors that goes into determining what an equitable distribution is.
- How do I get time with my child/children?
In Florida, the parents have the opportunity to determine a time-sharing schedule (formerly called “custody”) with the child/children, based on what is in the best interest of the child/children. However, when parents cannot agree, then the Court will make a determination based on the best interest of the child/children, taking into consideration health, safety and well-being of the child/children, along with several other factors.
While going through a divorce, remember that the children are having their doubts, and challenges as well. It is never easy for children to navigate through a divorce. Remember the child/children best interest when you thinking about time sharing. Keep them away from the “fire” and negative remarks about each other.
- If we have children in common, how will child support be determined?
The judges will use the Florida Child Support Guidelines, to determine the appropriate amount for child support. The guidelines takes into consideration, the number of children, parents’ combined income, and over nights with each parent.
Our firm has the knowledge and compassion and can assist you through the difficult issues of navigating through a tedious divorce process. We work for you.
As a bankruptcy attorney, we can advise you on whether you qualify for a chapter 7 or need to file a chapter 13, when to file and whether your assets will be safe if you file. In addition, we can ensure that all requirements are fulfilled so that the bankruptcy will go smoothly, if you decide to file. Debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation, this is an area in which we will guide you through as well.
- What is bankruptcy?
Bankruptcy refers to a federal court procedure that allows debtors to catch up on their debts by having some of them discharged and others repaid, depending on the type of bankruptcy. Individuals can file under Chapter 7 or Chapter 13.
After getting court approval, the court shields you from lawsuits and some other adverse actions while you work through the procedure. In a Chapter 13 proceeding, consumers typically keep most of their property but must establish a plan to repay at least some of their debt within three or five years.
- What are the main differences between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 is called "liquidation" bankruptcy because filers may lose some of their property, with some important exceptions.
Chapter 13 is called "reorganization" bankruptcy because it allows consumers to reorganize their debt burdens and payment schedules. Anyone filing for Chapter 13 must also propose a repayment plan showing your income and how you will pay off your debts. Working with the court, your plan will determine how much you need to repay, based on your income, debt load, and the value of your property.
- Can I choose which type of bankruptcy to file? How do I choose the right one?
If you meet the eligibility requirements for both Chapter 7 and Chapter 13 bankruptcy, then you may choose which type to file. Otherwise, you may not have a choice. There are several factors which determines what type of bankruptcy you are eligible to file. You should have your case evaluated to ensure that you make the right decisions when deciding whether to file bankruptcy.
- What does establishing paternity means?
A child does not have a legal father if the mother is not married when the child is born. Paternity has to be established for the child. When you establish paternity, you identify the legal father of the child. Paternity gives rights and benefits to the mother, the father and the child. Establishing paternity allows parents to get certain legal rights such as time-sharing with the child/children, have shared parental responsibility, and get a child support order.
- How do I establish paternity?
If the mother is unmarried when the child is born, but later marries the child's father, the husband becomes the legal father. When this happens, the father's name is not automatically added to the child's birth certificate. To add the father's name to the birth certificate, the parents can complete The Affirmation of Common Child(ren) Born in Florida form (DH-743A) or provide a written statement under oath to the Clerk of Court when they apply for their marriage license.
If the mother and father does not marry before the child reached age 18 years old, then the mother and child's father can establish paternity if they fill out and sign the Acknowledgment of Paternity form (Form DH-432).
Paternity can be established by filing a civil action in circuit court. A judge can establish paternity by court order. T do this, the court may order a DNA test. However, paternity can be established if the other party does not show up to work, after being required to do so. In that type of situation the judge may default the absent male and make him the legal father in his absence.
- What is Probate?
Probate administration is a court process to distribute the assets of a deceased person, who either died with a will “testate” or without a will “intestate”. There two types of Probate, Formal Administration and Summary Administration.
- Who distributes the asset in a probate case?
A Personal Representatives will distribute probate asset, based on the will or through Florida’s intestacy laws, with the approval of the Probate Court.
- Are Personal Representative required to have an attorney?
The probate rule can be very complicated and there are several legal steps to be taken during the probate process, that Florida requires the Personal Representative to have an attorney.
- Is the Personal Representative attorney the same as the beneficiaries’ attorney?
No, the attorney representing the Personal Representative is the attorney for the estate and does not present an individual beneficiary.
- What is are Letters of Administration?
Letters of Administration are court orders issued as part of a formal administration which authorizes the personal representative to begin administering the estate, including but not limited to, discussing financial details with banks, gather the deceased assets, and so forth.
- What is Formal Administration?
Formal administration is the traditional form of probate in Florida. This is where a Personal Representative is appointed to gather and distribute the assets of the deceased.
- What is Summary Administration?
A Summary Administration is an abbreviated form of probate typically used when assets are valued at $75,000 or less (not including homestead value) or more than 2 years have passed since date of death. A personal representative is not appointed in Summary Administration.
- Do I need a lawyer for Florida probate?
In almost all cases you will need an estate lawyer for Florida probate.
- What is the difference between a Wills and a Living Wills?
A Will is a document that states your final wishes, and allow a court to be able to carry out your final wishes. A will can be used to: provide guardian for children, decide how property should be distributed, and decide how expensed and taxes will be paid, as well as name an executor to oversee your wishes.
What is a Living Will: A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as other decisions such as pain management or organ donation, in the event you are unable to communicate it yourself. A Living will ceases at death.
Getting injured can be a life changing experience that could leave you physically and emotionally shaken. More importantly, you may be left with medical bills that you are unable to pay. You want the right attorney fighting for your rights, and we are here to answer your call.
- What should I do if I was insured in an accident?
If you are in pain, go to a medical doctor, chiropractor, urgent care or ER as so as possible, and get treated. Next, if you were injured in an automobile accident, you should open a claim with your auto insurance carrier and the other driver’s insurance carrier. Do not make any statements to the other insurance carry. Next call us 305-722-3446.
- How much will it cost be to speak with an attorney?
Your consultation is free. We take your case on a contingency fee basis, which means you pay us when you recover money from you case.
- What should I bring to meet with an attorney?
You should bring all documents in your possession that are related to your injury. For example, a copy of the police or incident report, a copy of your automobile insurance declaration page (if an automobile accident), photographs relating to the incident or accident, copies of medical records for treatment received related to the accident, and any other information you have in your possession relating to the accident.
- What happens if it is a child that was hurt or injured?
If a child was hurt or injured, it is usually the parent or guardian you makes a claim on the child’s behalf.
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