FAQs
Divorce FAQs
- What is a legal divorce?
- What is an uncontested divorce?
- What is the difference between an annulment and a divorce proceeding?
- What is the difference between marital property and non-marital property?
- What is the difference between "fault divorce" and "no-fault divorce"?
- What factors are considered in determining custody and visitation?
- What are the advantages to mediation?
Criminal Law FAQs
- What are my rights if I have been accused of a crime?
- What is the difference between a misdemeanor and a felony?
- What should I do if I am arrested?
Divorce FAQs
- What is a legal divorce?
A divorce is the dissolution of a marriage. After divorce, both parties are free to remarry. During typical divorce proceedings, the couple's assets and debts will be divided and the care and custody of any children will be determined. Each state has its own distinct divorce laws.
- What is an uncontested divorce?
An uncontested divorce is one in which both parties agree to the divorce and the terms of the settlement without going to trial. An attorney experienced in negotiating terms is necessary so that the spouses are able to reach an agreement without going to court and having a judge resolve any contested issues.
- What is the difference between an annulment and a divorce proceeding?
An annulment proceeding is instituted for the purpose of determining by a judicial ruling that a valid marriage never took place due to some defect that existed at the time the parties were married. By contrast, a divorce proceeding is instituted in order to terminate a valid marriage for reasons that occurred after the marriage was entered into.
- What is the difference between marital property and non-marital property?
Any property acquired by either spouse before the marriage is considered non-marital property and a court typically does not deal with such property for divorce-related matters. All property acquired by the spouses after the marriage is considered property of the marriage or marital property. Such marital property must be equitably divided by the court.
- What is the difference between "fault divorce" and "no-fault divorce"?
In the past, divorce generally had only been granted on the basis of marital misconduct called "fault": adultery, mental cruelty, or another wrongful act. There were also defenses to these faults. In these "fault" divorces, the spouse at fault often received a smaller portion of the marital settlement. In a no-fault divorce, the parties merely need to state that the marriage has broken down irretrievably or that the couple has irreconcilable differences. Every state has some form of no-fault divorce, but the particulars of the laws can differ markedly from state to state. The enactment of Florida's Marriage Dissolution Act in 1971 did away with the "fault" requirement, and instead permits a divorce on the basis that the marriage is irretrievably broken or that one spouse is mentally incapacitated. The issue of fault or marital misconduct may still come into play, however, in determining alimony and the distribution of property.
- What factors are considered in determining custody and visitation?
Under Florida law, courts determine all matters relating to custody of minor children of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is Florida's public policy to assure that each minor child has continuing contact with both parents after a divorce or dissolution. Parents are encouraged to share the rights and responsibilities of childrearing.
- What are the advantages to mediation?
Mediation is a form of a negotiation where parties agree to resolve issues amicably without going to court. Mediation generally is more efficient from a time perspective and therefore much less costly than a court battle. Furthermore, more concentration is given to individual issues and the parties do not lose any rights to take the matter to the court later if needed.
Criminal Law FAQs
- What are my rights if I have been accused of a crime?
Those accused of crimes have a number of rights guaranteed by the U.S. Constitution. These rights include: the right to remain silent in order to avoid self-incrimination; the right to competent legal representation; the right to reasonable bail; the right to a fair and public trial; the right to be informed of the charges against you; the right to be confronted with the witnesses against you and to gather witnesses of your own; and a number of other rights. A criminal defendant is also presumed innocent until proven guilty. This means the prosecutor has the burden of proving beyond a reasonable doubt that you committed the criminal act(s) in question. This also means a defendant does not have to do anything or say anything to prove he or she is innocent. There are also laws regarding search and seizure which require law enforcement to obtain a search warrant before they are allowed to search a specific place, at a specific time, for specific persons, evidence, contraband, and/or other items. It is important to keep in mind there are some circumstance where police do not need a warrant to search and/or arrest you. If you have been accused of a crime, it is important to secure the services of an experienced criminal defense attorney as soon as possible, so that your constitutional rights are protected.
- What is the difference between a misdemeanor and a felony?
Most crimes are divided into two categories, based on the severity of the crime: misdemeanor and felony. State law governs which crimes are considered more serious than others. Generally speaking, a misdemeanor crime is one where the maximum penalty is one year or less in state prison. A felony crime is a more serious crime that can result in jail or prison time for more than one year.
- What should I do if I am arrested?
Avoid panicking and stay calm. First, be polite to the arresting officers. You are not required to answer any questions that can incriminate you; therefore, you can exercise your right to remain silent. Do not complain while the police officers are doing their duty and at all times do not resist arrest. Second, exercise your right to communicate with an attorney, so that your rights are protected during the post-arrest and interrogation process.
