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

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. 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

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.

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

3 Types of Alimony Awarded in Divorce Court

Posted on August 13, 2019 by shanelaw2019

Extending our discussion on facts surrounding the dissolution of marriage, today we will look at the three most common types of alimony awarded in the divorce process. Continue reading to learn more about each type of possible spousal support arrangement, as well as, where to get trusted legal advice in Orlando, Florida regarding your divorce matters.

Understanding Alimony

Alimony is interchangeably referred to by other terms, such as spousal support and spousal maintenance. It is money legally court ordered to be paid to one spouse by the other, generally during or after a divorce, for the purpose of maintaining the standard of living both parties grew accustomed to during the marriage. 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 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.

❶ Temporary Alimony

Temporary alimony is a type of spousal support arrangement that ordered to be paid for a set, limited amount of time. Often times, temporary alimony is awarded when a divorce causes a spouse financial hardships. The temporary spousal support order allows them to recover financially during the divorce process. The order then expires once the spouse achieves financial stability again. The eligibility and time limits for this type of alimony depends on your state and their particular divorce procedures.

❷ Rehabilitative Alimony

Rehabilitative alimony is a type of spousal maintenance that is ordered to allow a dependent spouse to go back to school or participate in vocational training in order to get back into the work force after a divorce and eventually become financially independent. Traditionally, this has been common for stay-at-home parents and care givers who did not work throughout the duration of the marriage. Laws governing eligibility and limits for rehabilitative alimony differ among jurisdictions, so it is important to check with your state for accurate information.

❸ Permanent Alimony

A less common, but still possible, type of alimony is permanent alimony. This spousal support arrangement remains in effect until the recipient of the alimony remarries, or until either spouse perishes. However, in some cases, even a remarriage will not void a permanent alimony order. This type of spousal support is often ordered in cases of long-term marriages, or in marriages in which the recipient has a disability that prevents them from working. Commonly, permanent alimony is paid all in one payment, also known as lump sum alimony. Most states will permit a spouse to choose lump sum alimony arrangement, so long as the total amounts to all future payments.

Questions About Alimony and Divorce 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. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. And for your added 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.

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

Frequently Asked Questions About Kids and Divorce

Posted on August 9, 2019 by shanelaw2019

Earlier this week, we discussed the most common questions family law clients have about Florida divorce statutes, procedures, and more. In today’s blog, as promised, we will discuss some frequently asked questions about divorce when kids are involved. Continue reading to learn some helpful information about getting a divorce in Florida when you have biological or step children.

Orlando Child Support Lawyer 407-887-7058

How Much Child Support Will Be Ordered to Pay?

In Florida, the law requires both parents (or legal guardians) to provide financial support of their child. The amount of money the law mandates parents to contribute will depend on a number of factors unique to your situation, all of which are applied to the child support guidelines set forth by Florida legislature. To calculate child support payments, the uses these two primary factors to make their considerations:

Combined Income (Before Expenses) – If you make $1,000 a month, and your spouse makes $3,000 per month, the state will add your incomes together to develop a combined income of $4,000 per month.

Percentage of Income to Combined Total – The state will then consider what percentage each spouse contributes to the combined income. Using the example of $4,000 combined income, your percentage would be 25%, while your spouse contributes 75%.

Do I Have to Pay Child Support for a Step Child?

Here in Florida, stepparents are not legally required to contribute to the financial support of a stepchild after the dissolution of marriage. This also applies to marriages in which a spouse is paying an ex-spouse child support. Because they are married and have joint finances, they are both technically paying child support to the ex-spouse. But the law will not force a stepparent to do so, nor garnish their wages, unless an adoption occurred. Child support is solely the responsibility of the custodial parents. One exception to this rule involves a legal act called In Loco Parentis, which means a person has legally taken on some parental responsibilities to a stepchild, without actually adopting them.

Can I Change Child Support Orders?

In order to contest or change your current child support obligations, you will need to show the courts that an unanticipated and long-lasting change has occurred to your income or financial needs. Such changes may include job losses or promotions, medical expenses, and similar significant events. Typically, a court will not consider the request unless the change calls for at least 15% modification of monthly child support payments, whether an increase or decrease.

Can I Request Temporary Child Support?

Not only can you go to the courts and petition for temporary child support, you can also petition for alimony, custody, visitation rights, and more. Talk to your family lawyer for information on how to get started.

How Do I Change My Child Custody Agreement?

If you are not happy with the child custody agreement prior to or during your divorce, you can petition for a child custody modification. In order to be granted a modification, you will need to show the court that there is a legitimate reason for the change, such as a significant change in circumstances, whether for you or your spouse. Your Orlando family law attorney will help you facilitate all of these needs.

Can My Ex Move to Another State with Our Child?

If you are a non-custodial parent, and your ex-spouse wishes to move to another state, you are protected under Florida law to a certain extent. You have the right to petition for a child custody modification, as mentioned before, but there is no guarantee that the court will grant your request.

Can I Get Custody of My Step Child?

In the state of Florida, you can only get custody of a stepchild after a divorce if an adoption takes place. Otherwise, a stepparent post-divorce has no legal right to a stepchild. Furthermore, Florida does not recognize any visitation rights of stepparents. So after you divorce, you may not be able to get a court to grant you visitation rights to a stepchild.

A Florida Divorce Law Firm That Can Help

Call the Law Office of Shane T. Herbert at 407-887-7058 for help with your child support and child custody matters in Florida. You can trust our seasoned legal team to meet your family law needs, as our case results speak for themselves. Office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed. Contact our Orlando Family Law office at 407-887-7058 to learn what you need to know about resolving or addressing your family legal matters, swiftly and securely.

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?

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.

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.