Do I Need to Hire an Attorney to Get a Divorce?

Posted on November 8, 2019 by shanelaw2019

The responsibilities involved in the process of divorce are stressful enough on their own. But when you couple in the consideration of finances, you might be tempted to forgo certain expenses, such as hiring a lawyer. But beware that doing so can put you at a higher risk of not obtaining the outcome you expect, even if you and your spouse are amicable. You see, there are many good reasons why people hire divorce lawyers. Perhaps learning these reasons can help you better understand the importance of retaining legal representation for a divorce, and ultimately make the best decision for yourself and your future.

Continue reading to review some common reasons why divorcing couples hire lawyers, and how to get in touch with a reputable law firm in Florida.

Balance Out the Advantage

You do not want to be at an unfair advantage during a divorce. Basically, if your spouse is going to hire a lawyer, you should too. This will “level the playing field” so to speak, and ensure that all divorce proceedings are equally comprehended on both sides, and fair overall.

Reduce Emotional Stress

Divorce is stressful no matter who you are and how agreeable your spouse. A lawyer on your side will remain emotionally objective while helping you keep your emotions in check during the process. This will prevent stress from clouding your judgement.

Stay in Control of Responsibilities

Even though you are divorcing, the world around you does not stop, nor does your obligation to fulfil your daily and weekly responsibilities. Whether you have work duties, parental duties, or social commitments to tend to, the stress of divorce will have less of an effect on how you manage these responsibilities if you have a lawyer representing your best interests.

Protect Your Rights

Perhaps the most impactful reason why people hire divorce lawyers is to protect their rights. You do not understand the law like a practiced lawyer does, so you could not possibly be aware of all the rights you are entitled to. A divorce lawyer can ensure you obtain the fullest and fairest divorce settlement possible.

Always Ask a Trusted Orlando Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a licensed divorce attorney in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

Florida Divorce FAQS That Will Help You Make a Choice

Posted on November 1, 2019 by shanelaw2019

Whether you are on the brink of divorce, or have already made the decision to move forward, these frequently asked questions and answers about dissolution of marriage in Florida will help you make educated decisions during the divorcing process, and even after it’s finalized. Continue below to review them all.

Is Legal Separation Allowed in Florida?

Florida does not recognize legal separation of married spouses. So, state law will not support any legally-binding arrangement made between spouses, even if they ultimately do divorce down the line. Any type of separation agreement between spouses will not be taken into account when it comes time for the court to rule on child support, alimony, property division, and custody. Although legal separation is not supported in Florida, there are other legal recourses and alternatives.

How Do I Get a Divorce in Florida?

In the state of Florida, there are three requirements for getting a divorce. First, you must show proof that the marriage took place. Second, you must prove that you or your spouse were a Florida resident for at least six months before filing for divorce; and third, you must prove that the marriage is in fact, irrevocably and permanently broken.

What is Mediation? Is it the Same as Divorce?

Mediation is a common method of negotiating all aspects of a divorce, including finances, alimony, property division, child support, timesharing, and more. Generally, mediation involves the group effort of both spouses and their respective divorce lawyers, as well as an appointed, neutral third party called a mediator. During mediation, the mediator will sit down with each spouse and their lawyer to discuss, negotiate, and resolve all matters related to the divorce.

Does a Divorce Take a Long Time?

The amount of time it takes to complete a divorce, from the moment it is filed to the moment it is officially in effect, depends on countless factors unique to each case. Mostly, it depends on whether or not the divorce is contested or uncontested. Other major contributing factors on divorce timelines include how quickly both parties can come to an agreement on all matters related to the divorce, the traffic of family courts, the skill of your divorce lawyer, and more.

How Much Does a Divorce Lawyer Cost?

According to forbes.com, the average cost of divorce in the United States is around $15,000, most of which is allocated to legal fees. Keep in mind that this is just the average. After all, the American Psychological Association confirms that virtually 50 percent of marriages in our country result in divorce. Some couples pay as little as $1,000, while others have paid millions. Attorney fees play a large part in how much you pay for a divorce, but they are not all the same. Divorce lawyers can charge anywhere from $75 an hour to $500 an hour. On average, you can expect a divorce lawyer to charge around $250 an hour, but this varies among law firms, and from state to state.

Who Has to Pay Alimony After a Divorce?

Who pays the alimony depends on certain factors, which can vary from state to state. Most often, the spouse who earned the most money through the duration of the marriage is the person ordered to pay alimony. However, other factors, such as the spouses’ primary roles during the marriage, the number of dependents shared, and spousal collaboration, can also affect alimony orders. There are three common types of alimony that can be awarded by a court order in the process or conclusion of a divorce: temporary alimony, rehabilitative alimony, and permanent alimony.

Who Gets Custody of the Children After a Divorce?

Who gets child custody, and the limits set forth for visitation, all depends on the presiding judge, the state laws governing divorce and child custody, and several other influential factors. One of the most influential factors used by the family court system to assign custody of children after a divorce is the determination of the primary caretaker. A primary care-taker is the parent who customarily tends to certain basic needs of the children, such as bathing and grooming, meal prepping and cooking, driving, health care decision-making, basic skills teaching, educating and helping with homework, and planning and participating in recreational activities.

Is Divorce the Right Choice For My Family?

If you are married and reconsidering your relationship, but are not ready to file for divorce, you may still have other legal options. Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned Orlando marriage lawyer. Our Florida family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. And for your added convenience, office visits are not required for initial consultations! You can choose to have your first appointment over the phone or even video conference, if needed.

Shane T. Herbert, Attorney at Law 407-887-7058

Here’s the Very First Step to Filing for Divorce in Florida

Posted on October 11, 2019 by shanelaw2019

If you have been considering divorce for some time, and have now finally come to the point of genuine readiness, you may feel a little defeated once you realize you have no idea how or where to get started. And this is important because your very first step is also the most important one. So continue reading to learn exactly what you need to do to ensure you obtain a successful divorce outcome.

When getting a divorce, there are hundreds of steps to take care of in the process. But that is not your job. Your only responsibility in filing for divorce is to retain experienced and reputable legal counsel. This is your very first, and only step you need to take. But finding a qualified divorce lawyer is not easy; and there are thousands to choose from in the state of Florida.

So how do you find the right divorce lawyer in just the right amount of time? The answer is dedication and effort. You must interview and research as many divorce lawyers in the area, study their credentials and amenities, and then compare them all to make a final choice. This is a lot of effort, and not something a person wants to take on when also facing the emotional and mental stress of divorce. The good news is, you can skip all the hassle and simply choose a trusted leader in divorce law.

Call Attorney Shane T. Herbert Today!

His Promise To You

Attorney Shane T. Herbert is a hard-working, client-focused professional who has a true desire to help families of all kinds. He uses every resource in his power to ensure your family legal needs are met with the utmost attention and respect, and furthermore, preserved for a hopeful future. As a result, he has earned high accreditation and several other professional distinctions from Super Lawyers®, Avvo®, and more. He is there to ensure that you and your family’s needs are protected and preserved. We take a focused approach by developing impactful, personalized legal strategies that best meet the needs of our client’s unique legal situation. After all, we strive to be your anchor through all of life’s legal ebbs and flows.

⚖ Still not sure about divorce? Shane T. Herbert, Attorney at Law, is happy to answer all of your questions regarding marriage and divorce in Florida, as well as, discuss all of the alternatives available to you and your spouse.

Contact Us Today

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to divorce law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

Orlando Family Lawyer 407-887-7058 — Shane T. Herbert Law 407-887-7058

Will Filing for Bankruptcy Affect My Divorce?

Posted on September 17, 2019 by shanelaw2019

No one ever says divorce is easy. That is largely because the process of ending a marriage takes a toll on most people, both emotionally and physically. But divorce can also impact other vital aspects of a person’s life, such as finances, especially if a divorcing couple is already in the midst of financial struggles or rehabilitation. One such example is bankruptcy.

Continue reading to learn how filing for bankruptcy might affect the outcome of a divorce, as well as, where to get trusted legal advice on protecting your assets following a dissolution of marriage in Florida.

Filing For Bankruptcy

Bankruptcy cases will affect assets and liabilities of a divorcing couple. It will also affect child and spousal support orders, and much more. For this reason, it is vital to hire a seasoned divorce lawyer who can help you understand what to expect from the overall dissolution of marriage process if you are facing bankruptcy.

There is more than one type of bankruptcy filing. The type a couple chooses for their financial recovery mostly depends on how much disposable income each spouse has left after paying all expenses. The type of bankruptcy filing chosen is further influenced by a divorce since such factors might be included in the filing.

Chapter 7 Bankruptcy

When a couple does not have enough disposable income to pay off their debt, and they do not own a business, they will likely file for Chapter 7 Bankruptcy. This process can take anywhere from 6 to 8 months, or longer, depending on the unique circumstances of a couple’s finances. When divorcing, Chapter 7 Bankruptcy can be completed either before or during the proceedings. However, it is strongly encouraged that each spouse finalize their bankruptcy filings separately, before filing for divorce, so that financial debts do not complicate the divorce settlement.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is another type of bankruptcy filing option, which can take several years to complete; usually between three and five years. In such cases, it is wise to finish all Chapter 13 filings before starting the divorce process because it can drastically complicate and prolong the divorce proceedings. For instance, if a spouse, or both, own a business, filing bankruptcy prior to divorcing can ensure that the debts of the company are managed separately from the interests of the divorcing spouses.

Where to Get Divorce Legal Advice in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about getting a divorce in Orlando, Florida. From marriage and divorce, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. For your convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

How Much Does it Cost to Hire a Divorce Lawyer?

Posted on August 30, 2019 by shanelaw2019

When making the decision to file for divorce, one of the main concerns is finances. As a result, the first question couples tend to ask themselves is how much it’s going to cost to hire divorce lawyers. But like the decision to end a marriage, the answer to this question is complicated. There are many variables that influence how much it will cost to have an attorney represent your divorce filing.

Continue reading to learn some facts that might help you better understand what to expect in terms of paying for a divorce lawyer.

The Cost of Divorce

Divorce alone can put a financial stress on a family. So the concern about paying for a lawyer, especially if each spouse is retaining their own counsel, is a common one. The amount of money ultimately spent for a divorce lawyer depends on several factors unique to a client’s case. This means that divorce lawyer costs will vary from client to client. Factors that commonly influence the total cost of a divorce lawyer include, but are not limited to, the law firm’s payment rate business model, your place of residence, the relationship with your spouse, whether or not the divorce is being contested, and more.

For instance, if you are on friendly terms with your spouse, you have no children, nor own any property, a divorce should be relatively quick and inexpensive. In contrast, if you are in contention with your spouse and you have children and shared owned assets, it could take more time and effort to complete a divorce.

Here are Some Facts You Can Rely On

Attorney fees play a large part in how much you pay for a divorce, but they are not all the same. Divorce lawyers can charge anywhere from $75 an hour to $500 an hour. A lawyer can charge more for more complex and challenging divorces, or less for turn-key divorce solutions. On average, you can expect a divorce lawyer to charge around $250 an hour, but this varies among law firms, and from state to state.

For instance, a divorce lawyer on Rodeo Drive will likely charge more than one in Bowling, Ohio. Furthermore, it is important to know that most lawyers charge in increments of six minutes or less, which means that any simple lawyer-client interaction will cost you money. This includes phone conversations and possibly emails. Always ask your divorce attorney about their billing model to know exactly what and when you will be billed.

Cost-Saving Divorce Alternatives

There are several ways a couple can divorce in a cost-efficient manner. Two popular approaches are collaborative divorce and mediation. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more about both options. Also, being more agreeable and making more compromises with your spouse helps make a divorce faster, which in turn makes it cheaper. Talk to your divorce lawyer about payment plan options, and advice on how to budget a divorce expense.

Ask a Trusted Orlando Divorce Lawyer

Frequently Asked Questions About Divorce in Florida

Posted on August 5, 2019 by shanelaw2019

Divorce is never guaranteed to be easy on the heart, but it can be easy in terms of convenience and efficacy when you have a seasoned divorce lawyer representing your side. While waiting to have your initial consultation with an attorney, it may help to review some frequently asked questions about getting a divorce in Florida.

Continue below to get started, and to learn where to turn when you need trusted advice regarding marriage, divorce, and all other family legal matters.

Divorce Lawyer Orlando, Florida 407-887-7058

How Do I Get a Divorce in Florida?

Do I Need a Lawyer to Get a Divorce?

The state of Florida does not require you to have a lawyer represent or facilitate your divorce. However, attempting to divorce without legal representation can result in significant financial losses, child custody rights, and more. Unless both parties fully agree on all matters related to divorce, it is strongly encouraged for both parties to hire a divorce lawyer.

How Long Does it Take to Get a Divorce?

The amount of time it takes to complete a divorce, from the moment it is filed to the moment it is officially in effect, depends on countless factors unique to each case. Mostly, it depends on whether or not the divorce is contested or uncontested. If a divorce is contested, the court will decide on any and all unresolved issues, which can take up to 6 months or longer. If a divorce is uncontested, the process is much faster, and generally resolves within 5 to 6 weeks. Other major contributing factors on divorce timelines include how quickly both parties can come to an agreement on all matters related to the divorce, the traffic of family courts, the skill of your divorce lawyer, and more.

Is Mediation a Good Option for Divorce?

Mediation is a common alternative to negotiating divorce settlements. Both parties and their respective divorce lawyers hire a neutral third-party, or mediator, to help both parties discuss family matters and come to an agreement. Mediation is cheaper, more private, and often times, more amicable type of closure. Best of all, mediation allows both parties to be in control, rather than an impersonal court.

Are Alimony and Spousal Support the Same?

Alimony is the same as spousal support, both of which are also interchangeably referred to as spousal maintenance. There are, however, several different types of alimony, such as temporary alimony, permanent alimony, rehabilitative alimony, bridge-the-gap alimony, and durational alimony. Be sure to check back for an upcoming blog discussing the differences among these types of alimony.

How Much Alimony Will Be Ordered?

The amount of alimony you will receive from or pay to your ex-spouse will vary depending on various factors. However, the top contributing factor in calculating how much alimony is to be paid to a spouse is the length of the marriage. The longer a couple was married, the more alimony can be expected. Additional factors might include income sources of both parties, the earning capacity, educational history, skills, and employment capability of each spouse, child support duties, and whether or not adultery was committed. Keep in mind that here in Florida, alimony is not a guarantee, nor does a set schedule or statutorily-defined formula exist for alimony payments when granted by the court.

Can I Request Temporary Alimony?

In most cases, you can request temporary alimony in Florida. However, it does not mean you will be granted any alimony. You would need to go to court directly after filing your divorce petition, and ask for an order of temporary alimony. The court will then compare your needs to your spouse’s ability to pay in order to calculate an affirmative amount of temporary alimony.

✨ Stay tuned for Friday’s blog discussing the frequently asked questions about kids when it comes to divorce, including child support, child custody, guardianship, and more.

Where Can I Get Legal Advice About My Divorce?

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned divorce lawyer in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.