Questions to Ask Before Hiring a Divorce Lawyer in Florida
A successful outcome in a divorce case depends on the lawyer you hire. However, even the best professionals will be rendered helpless if you do not provide the relevant information.
If you are a sunshine state resident considering separation from your partner, then you must know what you must tell your Flordia divorce attorney. The legal practitioners can devise an effective strategy only if she aware of the vital facts related to your case. It is important that you be open and honest with the advisor you have hired.
Sharing all the details is essential if you want the counsel to effectively present your case before a judge. This will be helpful in getting the spousal or child support you need. Before you hire any of the top divorce attorneys in Florida, make sure you are ready to share the following details, if they are applicable in your case, with a lawyer.
#1. Information Related To Financial Condition
It is essential that you give an exact picture of your present financial condition to your attorney. This will help the professional in understanding what will you be left with after the separation.
Convey full details of your income, expenses, savings, assets, and health care benefits. Florida is an equitable distribution state meaning that marital assets will be divided in a fair manner which may or may not fulfill the 50:50 formula. In case, the court feels that you are being unfairly weighed down by liabilities, then it can award more assets to you.
Spousal support in the state is decided after evaluating the need of the receiving partner and the paying ability of the other spouse. It is difficult to get a favorable financial settlement if your counsel is unaware of your exact financial situation.
#2. Personal Circumstances Leading To The Separation
John and Jane were a Fort Pierce couple who went for divorce after Jane discovered that her husband was cheating on him. The case went to court and John’s Fort Pierce-based divorce attorney tried to present John’s infidelity as a single instance of indiscretion.
This was met by a counter from Jane’s lawyer who presented evidence that John regularly cheated on his wife over the 5 years of their marriage. It goes without saying that Jane received a much better settlement than John. It is difficult to talk about personal shortcomings to strangers but a lawyer cannot help you if you hide the details about personal circumstances which led to the separation.
#3. Filing For Bankruptcy
Divorces can be financially stressful and many people feel that filing for bankruptcy can free them of their liabilities. If you are thinking along these lines, then you must immediately tell your Flordia divorce attorney.
It will be pertinent to know that if you file for bankruptcy in the middle of the divorce proceeding, the latter will be halted until the bankruptcy case is resolved. This is because as soon as you file, all your assets become part of the bankruptcy estate and, therefore, no division can take place.
It will also be helpful to know that bankruptcy does not discharge an individual of child and spousal support obligations.
#4. Mental Health Or Substance Abuse Issues
It can be difficult for a person suffering from mental health or substance abuse issues to disclose the problems to a lawyer. It is natural for human beings to feel ashamed of sharing their own shortcomings. However, if you suffer from any such problems, you must disclose everything to your counsel.
These are important factors which affect the outcomes of child custody and visitation rights cases. A spouse can get the court to cancel the visitation rights of a partner who is a substance addict by proving that the person’s condition can pose a harm to the kid’s well-being.
If your attorney is aware of your struggles, then she will communicate to the court of your efforts to overcome the challenge. This can help in getting you some relief from the judge.
#5. All Details Related To Minor Kids
The state is concerned about the well-being of children in a divorce. Florida specifies that it is the legal right of kids to receive financial support from their parents. It uses the income shares model which dictates that the amount paid by both the spouses for child support must be in the same proportion as it would have been in an intact household.
You must communicate all details about your kids like their age, educational requirements, and healthcare needs to your legal advisor. Other vital information like religious upbringing and grandparents’ relationships must also be discussed. This will help the professional in understanding your obligations towards the children and your standpoint on their custody.
It is important to tell your Flordia divorce attorney every single detail related to your case. This will help you in approaching the separation in an efficient manner. Moreover, your lawyer will be saved of the hassles as faced by the divorce lawyer in Fort Pierce hired by John.