Frequently Asked Questions About Divorce

When it comes to getting a divorce, clients have a ton of questions clients but often find answers difficult to come by. During an emotionally challenging time, sometimes all you need is the truth and information that will help you cope with your situation. To ensure you are armed with accurate information that will help you make informed decisions, The Quattro Firm, L.L.C. has answered some of the most frequently asked questions about getting a divorce.

1. Do women always ‘win’ in a divorce?

The answer is simple: no one ‘wins’ in divorce. People assume that the state of the law is the same as you see on tv. The truth is that you should never get your legal advice from Days of Our Lives. The court system is actually vastly different than you may see depicted on a television program. While most people would assume that children are usually to be kept predominantly with their mothers, this is not always the case. Florida favors both parents having equal responsibility and equal time sharing. Also, a woman is not guaranteed to get alimony or the home in a divorce. These items are determined on a case by case basis. In some instances, it is much better to sell the marital home and for both Parties to start over somewhere new. Alimony can be awarded to a Husband and a Husband may have a basis to stay in the marital home without the children as well. The bottom line is that there is no ‘winner’ in a divorce.

2. Why can't I file pro se?

The answer is that some people are quite successful while filing a divorce pro se. Some Parties are able to agree to terms previous to filing for divorce and are able to accomplish everything without an attorney. However, most people are not so lucky. Divorces include child support which is accomplished through a rather complicated formula available by statute. Divorce will also include alimony and equitable distribution of all marital assets and debts. The simplest way to make sure everything is filed correctly is to hire an attorney. Further, if the proceeding is contested, you will need an attorney to best represent your interests and your needs.

3. Are there contingency fee-based divorces?

The answer to this is no. It is an ethical violation for an attorney to have an interest in the outcome of your divorce. Therefore, unless your attorney is working for free, you will likely have to pay the attorney before proceeding.

4. What are filing fees and why do I have to pay them?

Any lawsuit filed in Palm Beach County requires filing fees unless you have an Affidavit of Indigency. In order to qualify for such an affidavit, you must complete the form and see if you can qualify. Otherwise, any case will require a filing fee. This is the fee for the clerk's office to begin your case. You have to pay it in order to be able to proceed with your case.

5. What are my payment options?

This answer will be dependent on the firm. The Quattro Firm offers some flat-rate monthly fees for qualifying clients, flat-rates on uncontested divorces and payment plans for the more complicated divorces.

6. Will I need to change my insurance or estate planning?

The answer is yes. Your health insurance, life insurance, and car insurance often change upon a divorce. As far as your estate planning, it is likely that you do not want your estranged spouse to make life and death decisions for you after you have divorced. Therefore, you should plan to change your estate documents upon your final dissolution.

7. What do I tell my children?

This is a difficult question because it really is a question that only you can answer. Depending on the age of your children, and many other individual factors, your child's life is about to change. His/her parents will no longer be living in the same home. This also means that he/she is going to be living in two or more homes. The choice of how and when to tell your children about your divorce should be discussed between the two parents.

If you have any more questions about divorce, get in touch with the experts at The Quattro Firm, L.L.C. We believe that in order to be a successful advocate, we must be able to understand the full needs of our clients, not just the legal needs. By using this full understanding, we advocate with compassion to get the best possible outcome for you. To learn more about how we can help you, please click here or contact us by clicking here.