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DO YOU NEED A LAWYER TO GET A DIVORCE?

February 28, 2020

Taking the Correct Steps Towards A Successful Divorce

You are contemplating divorce and are unsure of the first steps. What are the requirements and what forms need to be filled out? Many people ask if they need to hire a lawyer to obtain a divorce. The straight-forward legal answer is no. Many people get divorced without hiring an attorney everyday.

If you ask the questions whether you should hire a lawyer to obtain a divorce, the answer is a resounding yes. There are very few circumstances where not hiring a lawyer is a viable option. Many factors should be considered such as your assets, debts, the length of the marriage, and whether the parties have minor children.

One of the reasons parties tend to be hesitant to use a lawyer is the associated cost. While that is understandable, you are running the risk of consequences which may amount to more than retainer costs. Some low-income parties may qualify for representation through their local Legal Aid. It is very difficult to make an informed decision when you do not know your rights or the governing rules. Most people would not show up to a professional chess competition wagering half of their assets, so why should they gamble the outcome of their case? If you do not know what entitlements you do or do not have, how can you reach an informed decision about the fairness of your outcome? 

Another reason parties who are on good terms do not want to hire a lawyer is fear of coming across as untrustworthy. Unfortunately, this reason is usually given when one party has already hired a lawyer and is discussing terms of settlement for the represented party's lawyer to draft. It is important to know that the lawyer hired owes a duty to their client, not both parties. As the unrepresented party, you may hire your own lawyer or retain a lawyer for the limited scope of reviewing the proposed agreement. If the proposed agreement is legally fair, you have the peace of mind knowing so. Alternatively, if the proposed agreement is one-sided you have the option to hire for full representation or not.

Understanding your rights and entitlements is the first step to reaching a legally fair agreement. At the end of the day, it is up to the client to decide what terms they are willing to accept or reject. If remaining issues are unresolved, it is important to have an advocate who can protect and defend those rights. Call our office today at
407-278-6718 for a free consultation.

By Alexis Balboa February 6, 2023
In the United States, all persons have the right to due process protections under the law. This means that if you are facing a contempt of court case in the state of Florida, the court must provide you with notice and a hearing prior to any ruling or judgment. This article will look at what constitutes due process protections, how they can impact your Florida contempt of court case, and how you can defend against said charges. First, let’s start by taking a look at what constitutes due process rights and how they apply to your Florida contempt of court case. When it comes to cases involving civil or criminal matters, the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee that the accused will receive notice and have the opportunity to be heard before any ruling is made. In essence, the accused is allowed to present arguments and evidence in their defense, introduce witnesses to testify, and even cross examine those opposing them. This ensures that individuals facing criminal or civil proceedings have a fair chance to defend themselves and have their day in court. Now, when it comes to a contempt of court case in the state of Florida, these same due process protections are applicable. Here, you will have the right to be provided with adequate notice regarding the charge and the opportunity to be heard in court in order to make your case. These due process rights can have a significant impact on the outcome of your case as you will be able to present evidence and make your case to the court. Furthermore, it is possible to appeal any guilty verdict or sentence if you believe the proceedings were unfair or the decision was not supported by the evidence. Finally, it is important to note that even though due process rights are extremely important, they cannot guarantee a favorable outcome in your contempt of court case. The best defense is to always be aware of your rights, understand the proceedings, and be familiar with the laws concerning contempt of court in the state of Florida. With the right knowledge and preparation, you can make sure that you are given a fair evaluation and a chance to put forward a solid legal defense. We hope this article has been helpful in providing information about due process rights and their impact on your Florida contempt of court case. Remember, the best defense is to always be aware of your rights and to prepare for your case accordingly. Contact us now so we can assist you!
By Alexis Balboa January 30, 2023
In Florida, a court-ordered name change for a child requires the filing of a petition for name change in the circuit court of the county where the child resides. The petition must be signed by the parent or legal guardian seeking the name change and include the current name of the child, the proposed new name, and the reason for the name change. The parent or legal guardian must also provide a copy of the child's birth certificate, as well as proof of their own identification and relationship to the child. Once the petition has been filed, the court will set a hearing date to consider the name change request. The parent or legal guardian must provide notice of the hearing to the other parent, if they are still living, and any other parties who may have an interest in the child's name change. At the hearing, the court will consider the best interests of the child and any objections that may have been raised. If the court grants the name change request, a final order will be issued, and the parent or legal guardian will be responsible for obtaining new birth certificate and other legal documents for the child reflecting the new name. It is important to note that in Florida, the court may deny a name change request if it determines that the change would be detrimental to the child's welfare or if the request is being made for fraudulent or illegal purposes. It is advisable to consult with an attorney who can help guide you through the legal process and ensure that all necessary steps are taken.
By Alexis Balboa January 9, 2023
Alimony in a Florida Divorce
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