Attorneys Edward Hizer and Brian Hizer

FREQUENTLY ASKED QUESTIONS

Orlando Lawyer, providing experienced Divorce and Family Law, Estate Law, Contract Dispute, Debt Collection Harassment, and Civil Law Dispute Mediation Attorney legal services in Orlando, Orange County, and throughout the Central Florida Area.

Call 407.843.5885 to contact Orlando and Central Florida Attorney, Ronald L. Sims.

I can't afford an attorney but I need a divorce - what should I do?

If one spouse has the ability to pay the legal fees of the other, the court will often require the more financially able spouse to pay all or part of the other person's legal fees.

If neither party has the ability to pay commercial rates for an attorney, there are a few less expensive alternatives.

  • Mediated Settlement Agreement.
  • The parties can choose an attorney, preferably a certified family mediator to facilitate discussions between the parties with the goal of achieving a settlement agreement. However, the mediator does not render legal advice.
  • Collaborative law procedure.
  • Pro Se dissolution

Is there a way I can get an attorney to help me when I have limited funds?

Any time that matters need to be moved through a court process, some type of legal assistance is going to be needed. The best assistance usually is obtained from a trained, experienced attorney. The attorney can render services all the way from a single conference, to handling a court trial. Court rules also provide that specific assistance such as an appearance at a hearing, or a deposition, or preparation of documents, may be obtained without retaining an attorney for the entire process. It may be well worth a call to the firm to find out more about this process.

My spouse is dangerous or abusive, how can I get a "restraining order"?

A "restraining order" is common language for what the Courts refer to as a Domestic Violence Injunction. A temporary domestic violence injunction can be ordered by the Court when the person asking for protection has a reasonable fear of imminent bodily harm or serious injury.

Details on how to petition the court for a domestic violence injunction can be obtained from the Clerk of Court for the county in which you are located, or from an attorney who practices in such matters.

The judge can fashion many different types of conditions into a domestic violence injunction. Some of the more common terms include:

  • Requiring the alleged abuser to have no contact with the victim or any of the victim's minor children.
  • Requiring the Sheriff's department to confiscate all of the weapons owned by the alleged abuser.
  • Requiring the abuser to attend a hearing within a matter of 10 days to determine how long the injunction will last.
  • Requiring the abuser to pay spousal support and/or child support while the injunction is in place.
  • Requiring the alleged abuser to vacate the home where the couple live, and only allow one visit to pick up personal items while the police are present.

Can I get alimony to help me for a while until I can support myself?

Depending on the length of the marriage and several other factors, Florida courts sometimes require a spouse who is able to pay spousal support to do so if the other spouse has a need -up to the extent of maintaining the same standard of living established during the marriage.

Whenever there is an extended dissolution process, the court will usually grant a motion for such support while the dissolution is working its way through the court.

When appropriate, there are four types of alimony granted by courts in a dissolution:

  • Rehabilitative alimony - provides support until an income generating plan for the recipient can be fulfilled. For example, obtaining an educational degree or other vocational training.
  • Permanent alimony - provided to spouses who have been in long-term marriages, and typically provides support until the death or remarriage of the entitled party.
  • Lump-sum alimony - Just as it sounds - a one-time support payment.
  • Bridge-the-gap alimony which may be authorized by some courts to fulfill a short term remedial purpose.

How can I get sole custody of our child?

Custody and visitation are terms being replaced by the concepts of "contact schedules" and "time-sharing" schedules. Florida’s dissolution laws have changed as of October 1, 2008 to require a time-sharing schedule be included in every dissolution order involving minor children. Each parent typically has some contact, even if only by telephone with the child. If the mother and father are able to reach an agreeable contact schedule (time-sharing plan), then the judge will often order the parties to comply with the agreed schedule. When the parents cannot agree, the Court must set a schedule after considering a list of statutory factors set forth in the Florida Statues.

Can I make my spouse move out of our residence while we are going through a divorce?

Sometimes the courts will award one spouse the exclusive use of the residence while the dissolution is ongoing.

Contact Orlando and Central Florida Attorney, Ronald L. Sims at 407.843.5885 to schedule a confidential legal consultation.

Orlando Lawyer, Ronald L Sims serving the Orlando, Orange County, Seminole County, Osceola County, and the surrounding Central Florida Areas.

CALL US TODAY AT    407.843.5885 in the Orlando and Central Florida Area

Orlando Attorney, Ronald L. Sims | Law Office of Ronald L. Sims, P.A. | 407.843.5885

DISCLAIMER: The hiring of an attorney is an important decision that should not be based solely upon advertisements alone. Before choosing and attorney to represent you, ask for written information about their qualifications and experience. This website is intended to provide general legal information regarding our areas of legal practice, and should not be considered legal advice, nor the creation of an attorney - client relationship. An attorney - client relationship can only be formed in writing between you and your attorney.

© Copyright 2010. All Rights Reserved. Law Office of Ronald L. Sims, P.A.
Website Design: Tiger Prey