MARITAL & FAMILY LAW

Whether you are contemplating divorce, or your spouse just served you with divorce papers, you need answers to those questions running through your head.

THE MOST IMPORTANT THING YOU CAN DO RIGHT NOW IS TO EDUCATE YOURSELF AS TO WHAT IS LIKELY TO HAPPEN TO YOU, YOUR CHILDREN AND YOUR ASSETS DURING A DIVORCE.

Only then can you begin to make good decisions about what to do.   

LEARNING ABOUT DIVORCE DOES NOT INVOLVE LISTENING TO YOUR FRIENDS, OR TO YOUR CO-WORKERS, OR TO YOUR FAMILY, OR EVEN TO YOUR TAX ADVISOR.

And while surfing the web can provide some general information, everyone's case is different.  The results in any divorce case depends on how the law applies to the specific facts involved in that case.  What happened in your friend's case is not what will happen in yours.

IT IS ONLY BY DISCUSSING THE SPECIFIC FACTS OF YOUR CASE WITH AN EXPERIENCED FAMILY LAW ATTORNEY THAT YOU CAN EDUCATE YOURSELF AS TO HOW FLORIDA LAW APPLIES TO YOUR INDIVIDUAL  SITUATION.

During your first meeting with the lawyers at The Bonham Law Firm you will receive a professional analysis of your situation and learn about your available options.   Then the lawyers at The Bonham Law Firm will go to work for you, and we will vigorously and efficently pursue your goals.

Now, what issues are involved in your case?  The primary areas of concern in most divorce matters are:

EQUITABLE DISTRIBUTION OF MARITAL ASSETS AND DEBTS                           What happens to assets I had before we got married?  What about money that I inherited from my family?  What happens to all of our savings?  Who gets the house?  What about my car?  Am I responsible for her credit card debt?  What about his student loans?  Loans to his family members?  Loans we took from her family?  If she gets the house, how do I get my share of the equity?   Can he kick me out of the house?  Should I move out of the house now, and if I do, will it affect my rights to the home?  Is there any danger if I decide to stay in the home?  Should I stay on the title to the home, and will doing so affect my ability to get my own home?  If I stay on the title to the house, what happens if she stops paying the mortgage?  Can she get a portion of my pension?  What about my 401(k)?   What if we started a business together --- who operates it during the divorce?  What if he owns a company?  How do I get my portion of it?  And should I insist on cash or are accepting shares of stock a better option?  What about un-exercised stock options?  How do we prove he is hiding money?  What about airline frequent flier miles?  What happens to our time share?  What if my spouse cheated on me --- why does he / she get anything at all?   Does adultery or infidelity have any effect on the property settlement?  If so, what?

ATTORNEYS' FEES & COSTS                                                                                 What do I do if I cannot afford an attorney because my spouse has all the money?   Does he have to pay my attorneys' fees?   If so, what portion?   Do I have to pay for my wife's attorney?   Why?   Under what circumstances would I have to pay my spouse's attorneys' fees?  Under what circumstances might the other side have to pay my attorneys' fees?   Are any of my attorneys' fees tax deductible?

THE CHILDREN                                                                                                        Where will they live?  Will I have to pay child support?  If so, how much?  Where will they go to school?  Can they leave Florida?  When do I get to see them?  What about the holidays?  Their birthdays?  Fathers' Day?  Mothers' Day?  My birthday?  What happens if my spouse re-marries?   Who should claim them on their tax returns?  What are my obligations to the other parent if my child gets sick?  What happens if I can't pay child support?  What do I do if the other parent stops paying?  Who pays the medical and dental bills for the children?  Who pays for daycare or aftercare expenses?  Does the other parent have to tell me where they are taking the children?  Can the other parent get a passport for the children without my permission?  What if the other parent brings the children to meet their new girlfriend or boyfriend?  Can I move to another state with the children in the future?  What happens when the oldest child turns 18?  When does the child support stop?  What if my child has special needs?

ALIMONY                                                                                                             What are the four (4) types of alimony in Florida?   Which one(s) am I likely to get? OR Which am I likely to have to pay?   How much alimony will I get? OR How much alimony will I have to pay?  How long will I receive alimony? OR How long will I have to pay alimony?   When can I stop paying?   Under what circumstances can I ask the court to modify my alimony payments?   Will the alimony I receive be taxable to me, the same as if I was earning the money from employment?  Or if I am paying alimony, can I deduct it from my tax returns?  What if my former spouse gets re-married -- can I just stop paying alimony, or do I have to get a court order allowing me to do so?   Or what if my former spouse does not get married but is living with someone in a 'supportive relationship' -- can I stop paying alimony right away?  Can I make my former spouse keep paying for my medical insurance?  Can I make my spouse guarantee the alimony with a life insurance policy?  What about his or her social security benefits?  Can my spouse make me sell my assets to pay alimony even if I lost my job?  What if I need more money at some point in the future?  What if I signed a pre-nuptial agreement waiving alimony - does that mean I have waived temporary support, too?

INCOME TAXES                                                                                                       Should I file jointly with my spouse?  Why or why not?   What happens to the refund check?   What if I don't owe any taxes but my spouse does?  Am I still liable?

PRE-NUPTIAL OR POST-NUPTIAL AGREEMENT                                                What if my spouse and I signed a Pre-Nuptial Agreement?  Is it valid?  Can my spouse try to have it declared void and set aside?  Can I get it declared void and set it aside?  Can it be modified?