I recently lost my job and I cannot afford my alimony payment or my child support, what can I do?
You should be aware that after the Court enters an Order that order stands and you can be in contempt of court if you do not abide by its terms. Therefore, you have to petition the court to have the amounts ordered to be paid lowered. The sooner you do this the better. Our firm can help you with this and advise on the information you'll need to meet the burdens required to have a reduction in child support or alimony ordered.
Our marital home is in New York, but I am visiting a relative here in Florida with my children and I want to stay and file for divorce here. Is that possible?
It is possible if you have been here for at least six months and can meet the residency requirement before filing, but there are certain documents you will need to obtain and file to be able to establish your residency should it be contested. Only one party needs to be in Florida for six months. However, the Florida courts may not have jurisdiction over a spouse in another state. Therefore, if you want to be awarded child support, alimony or other assets, it is important to be sure the other spouse can be served under Florida's long-arm statute. Our firm can guide you through these complicated jurisdictional matters.
I cannot get along with my ex spouse and we have to parent our children together. S/he constantly puts the children in the middle and makes it very hard on them. What can I do?
There are many options. Often a trained professional known to the firm can help tremendously with these issues. Certain Motions must be filed and a professional can then usually be appointed to work with the parties to resolve their differences so that the children do not suffer.
I just lost my job and have been offered another job out of state. Can I move with my children?
It is possible, but you must comply with the law and obtain the written agreement of the other parent or petition the court. If the court can make a determination that it would be in the best interests of the children to move/ relocate with you, then you may do so. Usually the parenting plan will have to be changed to accommodate the new arrangement. Our firm can advise you on all the information you will need to have in order to petition the court for relocation.
I need to get divorced, but our house is not worth what we owe. What can we do?
There are several options in such a situation. You can agree to co-habitate; you can agree to a short sale or to allow the home to go through the foreclosure process, but there may be a deficiency judgment that will need to be shared. Our firm handles foreclosure defense and can coordinate these efforts with the divorce process to make it as painless as possible. Because these issues can impact alimony and child support issues, it is a good choice to have these issues handled along with the divorce process.
My spouse is cheating on me. Can I can surveillance or break into his computer to get proof; and how will this information impact my divorce?
The State of Florida is a no fault divorce state. Although adultery can be considered by the court as to limited issues; it really does not have much impact on the outcome of the divorce. The courts simply cannot and will usually not get involved in why the marriage did not work out. Therefore, your resources are usually better spent on your future endeavors. In addition, it is illegal in some circumstances to go into another person's computer, wiretap, or otherwise obtain information. Our firm can advise you if and when this would be advisable and how to do so without violating any laws.
Can I get a divorce without a lot of legal fees and "mud-slinging"?
Absolutely and it is recommended that you try to do so, especially if there are children involved. Putting your emotions aside and acting in the best interests of your children is highly commendable and encouraged by this firm. We offer low fee services for uncontested divorces; and we offer a collaborative process as well. In this process the court's only involvement is to finalize the divorce. Our firm can guide you towards targeting the differences between you and your spouse and coming to solutions to solve them. This process is usually much less stressful on the family and when you make the decisions, they are usually much easier to live with than if a Judge, who does not know your family, makes them for you.
Can an aggressive attorney also be caring?
Your rights are always vigorously defended at Wolt & Associates. We take on a limited number of cases and your case becomes personal to us. We are always accessible, diligent and friendly. If necessary we know how to move forward to stop bad behavior or unfair conduct on the other party's part. We believe at Wolt & Associates that an attorney can and should be both aggressive and caring. We will always give you straight answers and advise that is your family's best interest.