Back to in person hearings have resumed for divorces in Lee County. While it was fun to do zoom hearing temporarily because (lets be honest) wearing heels is not fun. Zoom hearings had many downfalls for cases. There were technical difficulties, problems getting evidence submitted, and you couldn't really get a grasp on people's communication via video call. Going back to in person hearings will give people the best opportunity for their cases to be heard by the judge.
50/50 means I don’t have to pay child support……WRONG, Florida has a comprehensive way to calculate child support. Child support is for the children, it takes the net income of both parties adds them together to determine their combined income, then that number is used to determine how much per month it costs to raise a child(ren) and what percentage of that each parent makes. The next thing considered is how much it costs for child care expenses and health care for the child(ren). The next consideration is how many overnights each parent has, parents who have more than 73 overnights per year are considered to need more money to create a space for the child(ren). So the only time 50/50 means no child support is if both parents make exactly the same and nobody pays for child care or insurance for the child(ren). Other than that one parent will be paying support to the other parent. Kids are expensive! Want to know a secret how to not pay any child support…….don’t have children.
Happy New Year! Congratulations on making it through the holidays. January is the busiest month for divorces. Many people want to have the last Christmas before they file for divorce. If your new years resolution is to be the new you without your spouse and filing a divorce is something you are considering, give us a call to find out more information.
"Pro Se" the dirty word in divorce..... Coming from the Latin "in one's own behalf", the term means you are representing yourself in court. As an attorney, there is a reason that we are required to attend 4 years of college, 3 years of law school and pass the bar exam. While many of the forms are available for people online, it can be confusing because there is too much information. An attorney can not only help you navigate the system, but also let you know what your rights/options are in different situations. If you are currently representing yourself in a divorce, think about consulting with an attorney so you don't miss out on the division of assets/debts or potential timesharing. here.
Magistrate vs. Judge- What's the benefits???? A magistrate can be much faster since they don't have the same case load and people have the choice whether they want to go to them or not. Sometimes it can be a good strategic tool if the judge has not been favorable, the magistrate might be a better option. These decisions are good when you practice in an area for a while you tend to get to understand the differences in the judges and it makes it easier to make an educated guess on how they may rule. It really all depends on what stance you are taking on the case and the outcome you hope to get.
Nicole Spence, Attorney at Law
Office Cape Coral
Is there a benefit to file first for divorce? Well if you both live in the same county then it is the basically the same. The Petitioner (the person who files first) gets to go first in court; but the Respondent (other party) gets to go last. So there are benefits for both in the divorce. When a bad marriage ends, both parties are winners.