Family Law
Divorce
Trivedi & Associates stands ready to advise, counsel and assist clients with the emotionally draining task of initiating or finalizing a divorce. The firm ensures each one of its client’s immediate access and ability to communicate with his or her lawyer.
The firm aspires to achieve the highest levels of service by capping case loads to ensure optimal attention to detail and concentrated effort towards guiding a client through the rush of emotions which are encountered through this process.
Divorce-FAQs
1. How long will it take to complete the divorce?
Although many factors conspire to increase or shorten the amount of time it takes to complete the divorce, the following types of cases can be finalized as follows:
a. As simple divorce (no children or substantial assets): 4-6 weeks.
b. Contested divorce with assets and children: 6-8 months. Allow for more or less time depending on the agreeability of the parties.
c. Divorces with significant custody issues or complex familial histories can take as long as 2 years.
2. How is property divided?
a. Florida is a marital property state. This means that all property acquired during the marriage, by either spouse, belongs to both parties. Martial property must be divided according to the prevailing standards of equity and fairness – this usually means each spouse takes half. Inheritance and other types of gifts may be exceptions to this rule, but this can only be determined upon meeting with an attorney.
b. Property acquired before the marriage may become marital property if a court finds that the property was gifted to the spouse or that it was comingled with marital assets.
3. Who will get the kids?
a. All presumptions in favor of either party have been abolished. If the parties cannot agree on proper custody arrangements, then a judge will have to determine which arrangement is in the child’s best interests. Florida Statutes list a myriad of factors which a court may consider when deciding this.
b. In Florida, regardless of who gets primary residential responsibility, both parents will typically retain Shared Parental Responsibility. This means that both parties, even after the divorce is finalized, should be afforded the opportunity to share in decisions affecting the child.
4. How does Child Support work?
a. The amount of child support will depend on the income of the parties and their relative contribution to their joint income. In many cases, a matrix in the Florida Statutes dictates the starting place. This amount can be adjusted upward and downward depending on the special circumstances of each case.
b. Health insurance, child care and other needs may be required in addition to Child Support.
c. Retroactive Child Support can be obtained.
5. Is there a shortcut to the estimated times of completion listed above:
a. Most cases can be resolved in mediation. Mediation is a process in which the parties and their attorneys meet with a neutral, third party who then attempts to find common ground. A successful mediation results in compromise on all issues which pertain to custody and division of assets.
b. If full settlement cannot be obtained, then partial settlement can still shorten the amount of time required to finalize the divorce.
c. Full settlement can mean the finalization of a divorce within just weeks, whereas partial settlement may still mean that months of litigation remain.
d. Issues remaining after failed mediation attempts and the evidentiary disclosure process (discovery phase) must be resolved by the court.
6. How much will this process cost me?
The facts and circumstances of each case will cause the estimates to fluctuate; the following rates assume average facts and circumstances and are subject to change:
Hourly: Attorney’s working on an hourly basis, will routinely ask for $5,000.00 upfront and will bill their time at approximately $300.00 per hour. Paralegal and clerical time will range between $90.00 - $130.00 per hour.
Flat Fee: Simple Divorce (no children and no assets), will range between $1,250.00 to $2,500.00; Contested Divorce with either moderate custody or property Issues will range between $3,000.00 and $10,000.00 and cases with significant custody issues must be evaluated on a case by case basis.
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