February 28, 2020
For the most part, whether we go through it ourselves or not, we all know divorce isn’t a happy time or easy process, although it can lead many couples to greener pastures.
Divorce can be a complicated, messy process, especially if you and your spouse are not getting along and there are children and assets involved.
As a couple enters the divorce process, there’s a lot they are going to learn that they have never been told before.
As a Jacksonville divorce attorney, with more than 35 years of experience in the state of Florida, our team at Dorsey Law Firm wanted to let you in on a few things about divorce that no one really talks about.
- Divorces can drag on and be a very long process. Some divorce processes can last over a year. If you and your spouse can work out a lot before the process begins, the process will go a lot faster.
- The divorce process can go well beyond the day the divorce decree is issued due to circumstances regarding child support.
- You may need court involvement even if you and your spouse agree on everything. Certain issues, like the splitting of retirement, needs a judge’s approval even if there is no dispute.
- It’s in your best interest to come to an agreement with your spouse in order to save yourself a lot of time, money, and heartache.
- Don’t go in thinking there’s a “winner” to a divorce case, as there is seldom a winner. Most couples do not end up with everything they want.
- Resist the urge to make quick decisions to make the case shorter.
- Every divorce process is different, so don’t go into yours thinking it will be like those you know who have gone through the process.
- Listen to your attorney who knows all the details of your situation to understand what your process will be like.
- Be honest with your attorney and your spouse so your case can be properly analyzed and managed. Hidden things won’t necessarily stay hidden.
- Make copies of important documents, like a prenup, as you start the divorce process.
- Go into the divorce process with reasonable expectations. Listen to your attorney to learn how the law applies to your case and what the potential outcomes are.
Need a Divorce Lawyer in Jacksonville, FL?
This may be your first divorce, but it’s not ours. William J. Dorsey is a practiced divorce attorney and understands each divorce case is unique. Dorsey knows Florida divorce law and how to apply it to get his clients the best possible outcome. He guides his clients through the entire process.
If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida. We know this is an emotional time for you, and we promise to keep a clear head during this emotional time to get you through the process. By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated.
William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts. Dorsey and his team take time to work with clients every step of the divorce process.
To request your in-person consultation at The Dorsey Law Firm’s Jacksonville Law Office or if you have any questions, call 904-346-3883 or click our Jacksonville Divorce Attorney page for more information.
February 28, 2020
We all know what divorce is, but most people don’t actually know the facts about divorce and the process of divorce itself until they go through the process themselves. For example, did you know that in the state of Florida all that is necessary for a divorce is to prove that the marriage is irretrievably broken? It’s true.
As a Jacksonville divorce attorney, with more than 50 years of experience in the state of Florida, our team at Dorsey Law Firm wanted to share a few frequently asked questions (FAQ) about divorce in the state of Florida. If you’re considering divorce, it’s never a bad idea to educate yourself on some divorce information before entering the process.
Q. On average, how long does a divorce take in Florida?
A: It depends. An uncontested divorce, which is when both spouses agree on everything, may take less than a month or two. A contested divorce, which is when the court needs to decide on things (alimony, child support, custody, debts, etc.) can take six or more months. If the courts are busy, the divorce process can take up to a year or more.
Q: Do I need to prove my spouse is at fault?
A: No; however, when it comes to things like alimony or distribution of assets, the amount may change or disappear for the person who was supposed to receive support if they committed faults such as wasting assets or income.
Q: How do I start the divorce process?
A: You file a Petition for Dissolution of Marriage, which will include claims of yours regarding assets and liability alimony, child support, custody, debts, etc. A process server will deliver the papers to your spouse.
Q: Can the same lawyer represent both spouses?
A: No, it is not possible for both spouses to have the same lawyer. That is a conflict of interest.
Q: What if I need a lawyer but cannot afford one?
A: If you have a low income, you can potentially qualify for free representation from Legal Aid. If your spouse has the financial ability, he/she may be court-ordered to pay your attorney’s fees.
Q: How do I get child custody/time-sharing?
A: In Florida, the court does not show a preference for the father or mother for a time-sharing schedule and the state’s policy is that the child can maintain contact with both parents after the divorce. You will create a parenting plan with your spouse, and it must be approved by the judge. If you both cannot agree on a plan, the judge will create a parenting plan for you.
Q: What does child support cover in Florida?
A: In Florida, child support covers basic needs (food, clothing, shelter, school supplies, entertainment for the child), daycare costs, and health insurance.
Looking for a Divorce Lawyer in Jacksonville, FL?
Divorce can get complicated, and there’s a lot to know beyond the few FAQs above. Our team would be happy to help you learn more about the divorce process in Florida.
As divorce attorneys, it’s our job to help people save time, lessen stress, and increase their odds at a favorable outcome. We know the law and keep a clear head during this emotional time for the couple.
Although some people choose to do a DIY divorce, hiring a divorce attorney can help a client make better decisions for his/her future. By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated.
William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried hundreds of trials throughout Florida in state and federal courts. Dorsey and his team take time to work with clients every step of the divorce process.
To request your in-person consultation at The Dorsey Law Firm’s Jacksonville Law Office, call 904-346-3883 or click our Jacksonville Divorce Attorney page for more information.
April 25, 2019
April is Child Abuse Prevention & Sexual Assault Awareness month. As former prosecutors, my father, William Dorsey, and myself understand the serious nature and implications of the allegations, as well as the necessity for a thorough investigation during the initial stages. Many times, these crimes do not have forensic evidence or witness testimony to corroborate the allegations. Instead, prosecutors must often weight the credibility of victim testimony alone when making a decision, many times relying solely on the statements of a minor child. Sadly, crimes like child abuse and sexual assault are typically committed in secrecy, the victims often harboring the pain for months (or even years) before even opening up regarding what has happened in their past. On the other end of the spectrum, and also terribly disturbing, are when claims of abuse are alleged to spite another person, even though completely untrue. In both situations, it is incumbent upon law enforcement agencies, prosecutors, defense attorneys and judges to be extremely qualified to how to handle such matters. Experience in these cases can literally make the difference between the truth revealed or a grave injustice, if not handled properly.
While it is impossible to fully explain how much work goes into these cases, it can help to have a general knowledge about what to expect throughout the various stages of investigation. Fortunately, at the Dorsey Law Firm, the attorneys there have dealt with hundreds of these type cases over the years and are equipped to give you the information you’ll need when deciding whether to hire an attorney or not. In particular, I actually served as a prosecutor for over fifteen years, working five years of that time in a specialized division that handled these complex cases. Doing so, meant working alongside several of the agencies that are tasked with helping solve child abuse and sexual assault allegations. In fact, because of my work in that Special Assault Unit, in 2010 I was selected by the Mayor as the recipient of the Judicial Victim Advocate Award, which goes to the top advocate for victims in the judicial system. With that unique knowledge in mind, it allows me to give critical legal advise to both victims and alleged suspects in these type crimes.
If a minor child is involved, then mandatory reporting laws necessarily come into play. Doctors, teachers, therapists and many others all have a legal duty (and a moral responsibility) to report incidents of alleged child abuse. The Sheriff’s Office is likely the first agency to learn of the allegations and investigate the claims. Most times, the Sheriff’s Office will have a dedicated unit, often times called a Sexual Assault or Special Assault Department, with detectives who have extensive training and experience solving these crimes. That detective will gather as much information from the child victim, the child victims parents and any other likely witnesses before making a decision. But as mentioned above, these crimes are often committed in secrecy so corroborating evidence may be limited. Fortunately, many jurisdictions have dedicated places to take the victims, which allow for experts to conduct medical exams and interviews, with information that oftentimes either supplements or potentially even disproves the allegations. Locally, for child victims, this is called the First Coast Child Protection Team (“CPT”), and it is overseen by the University of Florida. For adults, it is the Sexual Assault Response Center or “SARC”.
While by no means the sole determining factor, if penetration or trauma is alleged, a doctor will conduct a medical exam. In addition to documenting any injuries or tears, the doctor will also collect any potential forensic evidence such as the presence of foreign DNA samples. This is what’s commonly referred to as a “Sexual Assault Kit” in the practice of law. This Sexual Assault Kit will then be sent to a lab, analyzed and ultimately the results will be turned over to the law enforcement agency for further evidential consideration. But just because a victim has alleged penetration, does not mean there will be DNA. In fact, often a significant amount of time has passed between the date of the offense and the time of reporting. Or, perhaps the victim has showered in the interim, which eliminates the possibility of finding any traces of foreign DNA. When circumstances such as that occur, law enforcement will still have the interview tape/notes from the trained CPT or SARC worker to reference, and oftentimes that trained interviewer will even provide an expert opinion as to the allegations for consideration.
And then, of course, if a child is the victim the Department of Children and Families (“DCF”) will be involved as well. They too are trained in interviewing and investigating child abuse incidents. While CPT is focused more on interviewing solely minor victims and their family members,
DCF’s interview process can be more in-depth, including interviewing even the alleged suspect. These statements may also be admissible in court later on, even statements that an alleged perpetrator has made. So, it’s incredibly important that if a claim of abuse is made against you, that you speak to an attorney before giving statements regarding the matter to either law enforcement or DCF or to anyone else wishing to interrogate you regarding the situation. Again, these cases are incredibly complex. Investigations can last for months before a decision is even made by law enforcement as to whether to make an arrest. There are so many other factors involved, many of which I haven’t even touched upon. And so if you or a loved one or someone you know is either a victim of this type of crime or is alleged to be a suspect in one, it is extremely wise to consult an attorney who can help explain your circumstances and what to expect and what you should do in greater detail.
