July 7, 2022

3 Factors to Consider When Selecting a Divorce Attorney

Divorce can be a difficult time for all parties involved. Luckily, an experienced divorce lawyer can help you work through the entire process. Indeed, choosing the right lawyer is crucial to get through this process stress-free. Now, we understand that choosing a lawyer can be tricky. There is a slew of different factors that you have to keep in mind when choosing a lawyer. This is why we thought it would be useful to put together a brief article on this subject. If this is something that you’re interested in learning more about, then we’ve got just the thing for you. Read on as we discuss three important factors that you need to consider when selecting a divorce attorney. 

Work Experience

The first thing that you need to consider is their work experience. You’ll want to work with an experienced lawyer that specializes in divorce. While lawyers are generally familiar with the law as a whole, it will be beneficial to your case to work with one that is knowledgeable and experienced in these types of cases. Aside from having previous experience with these types of cases, you’ll also want to work with a lawyer who is knowledgeable on divorce laws for your specific state. This is because divorce can work differently depending on which state you reside in.

Honesty 

Honesty is incredibly important when looking for a lawyer. The last thing that you want is to have a lawyer that only tells you what you want to hear. Your lawyer should be able to tell you as it is as this is the only way that you’ll arrive at the most amicable result. Now, it’s rather difficult to gauge a lawyer’s honesty. This is why we recommend meeting with all potential lawyers, so that you will have a better feel of the type of lawyer that they are.

Track Record

Finally, you’ll want to make sure the divorce lawyer you work with has a good track record. A divorce lawyer’s success in litigation for divorce cases is crucial, as you will want to work with a lawyer who has had a previous record of success when it comes to these types of cases. While it doesn’t automatically assure that you’ll get a good result, a lawyer’s record of success is a good way to determine how your case will play out. Choosing a lawyer with a history of successful litigations is still important even if you’re looking to reach a settlement outside of court. Remember, things won’t always go your way so you’ll need to keep your mind open to the possibility of litigation. You want to have a lawyer who is not afraid to go to trial.

Conclusion

We hope this article proves to be useful when it comes to helping you choose the right divorce lawyer. While it may seem tedious to take your time when selecting a lawyer, choosing the right one will allow you to effectively navigate the entire process. Be sure to keep everything you’ve learned here in mind so that you can make the most informed decisions when it comes to selecting a divorce lawyer to work with.

 If you’re looking for experienced and knowledgeable divorce lawyers, then you’ve come to the right place. The Dorsey Law Firm has the best divorce lawyers in Jacksonville. We have over 35 years of experience when it comes to providing clients from all over Florida with legal services. Contact us today to set up your in-person appointment!

June 23, 2022

How Can Domestic Violence Affect Child Custody in Florida

A child’s home should be their safe space. But unfortunately, many homes can be a toxic environment for a child to live in. A prime example would be a home where domestic violence runs rampant. Of course, you’d want to take a child away from an abusive parent to prevent further harm to the child. But child custody can be a bit tricky, especially when domestic violence is involved.

What Are the Child Custody Laws in Florida?

Child custody laws in Florida are meant to ensure that the child’s best interests are always considered. The goal is to protect the child’s right to their parent and their right to live in a safe home. As a parent, you have the right to know the whereabouts of your child. The child also has the right to know their parent.

However, the court may modify or terminate the parenting plan if one of the following applies:

  • The child’s safety is at risk
  • The child’s emotional development is at risk

If one of these circumstances is present, the court may modify the original parenting plan. But what does this mean for parental rights?

What Else Does Child Custody Involve?

The court will also make a decision regarding what a child’s primary residence will be. As a parent, you have the right to your child’s decision. You will not be able to force your child to move to a different state if they don’t want to. The court will ultimately decide where your child will live when it comes to their primary residence.

You also have the right to speak to your child’s doctor. However, if the court finds that your involvement in the child’s life is unnecessary, the court may modify your parenting plan. They may decide that you should have no contact with the child’s doctor.

And if domestic violence is involved, the judge may decide to terminate your parental rights if the abuse is severe. It’s important to note that this will not affect the child’s right to their parent. Your child will still have the right to decide where they live.

What Happens to Your Child When You Have an Abusive Partner?

If you are involved in an abusive relationship, and you fear for the safety of your child, there is a possibility that the court may terminate your parental rights. However, there are two factors that will be considered. The first is the severity of the abuse you’ve experienced. The court will take into consideration how severe the abuse was.

The court also considers how severe the abuse was to your child. The court may consider if your abusive partner also abused your child. The court will also consider if you have a history of abusing your child.

Final Thoughts

Domestic abuse is a personal and sensitive matter. If you’re a victim of domestic abuse, you may want to talk to a family law attorney about your options. Your lawyer can help you navigate through the family court system and ensure the safety of your child.

Get the legal aid you need for matters of domestic violence and child custody from Dorsey Law JAX. Our firm counsels clients on a wide range of family law issues. Our services include all family law matters, from short-term and emergency situations, such as injunctions against domestic violence, to processing a final divorce and post-judgment modifications of support and custody. Get in touch with us today!

June 23, 2022

Is a Lawyer Necessary in Florida Uncontested Divorces?

In Florida, an uncontested divorce can be completed in one of two ways: (1) using the streamlined form, or (2) using the regular way.

It is easier and takes less time to use the simplified version. However, it only applies to spouses without dependent children who do not seek alimony and has various additional limitations.

A standard uncontested divorce requires more forms and takes longer. Most parties in this form of divorce would benefit from consulting with a lawyer to ensure that their agreed-upon conditions do not have unanticipated negative implications. However, the laws of ethics prohibit a lawyer from consulting with both sides.

Of course, in this form of divorce, you would not pay a lawyer to defend you in court. There are no legal concerns for attorneys to fight in court because it is uncontested, which means that both parties consented to its provisions in writing.

An Uncontested Divorce Can Be Done With or Without an Attorney

It is possible to represent yourself in an uncontested divorce in Florida.

However, it is not recommended.

A regular uncontested divorce is completed through the court and requires several forms to be filled out and filed. The forms include information about property, children, and any agreement about other issues such as alimony and child support. If you do not fill out the forms correctly, you may need a judge to make corrections for you. This may prolong any divorce process and cause you to incur additional court costs.

If you need an attorney to help you do an uncontested divorce in Florida, the filing fees are the same.

If you hire an attorney to do your uncontested divorce in Florida, they will review all required documents and make sure they are filled out correctly. They can then file the documents with the court on your behalf, submit parenting plans and parenting time agreements to the court, and represent you in court if needed.

If an attorney represents you, you will need to pay the court directly for any fees associated with correcting or modifying final orders. Not all lawyers charge the same, so you may want to do some comparison shopping. Also, be sure that you are comfortable with your lawyer and that they are responsive. You cannot have an attorney represent you and your spouse at the same time in an uncontested divorce in Florida.

Types of Uncontested Divorces

There are two types of uncontested divorces in Florida for couples: (1) the Simplified Dissolution of Marriage procedure, which is simple enough to do without a lawyer but can only be used where only a limited number of issues arise, and (2) going through the regular Uncontested Divorce procedure, with the agreement of all the terms by both parties.

Uncontested divorce has the following advantages: (1) it is less expensive, (2) it is a simpler and faster divorce, (3) it avoids unpleasant recriminations, and (4) it decreases post-settlement disagreements concerning its terms. In general, court processes are less formal, and the marriage ends on better terms, which is especially essential when children are involved.

Conclusion

An uncontested divorce in Florida is a good option for couples where both parties agree on all the divorce terms, and there is no property to divide. A lawyer can help you make sure you fill out all the required documents correctly and ensure you get the results you want.

If you’re ready to make decisive steps regarding your divorce, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.

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