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Attorneys’ Fees on Appeal in Divorce Cases

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Attorneys’ fees on appeal can be sought both while the appeal is pending and at the conclusion of the appeal. Florida Rules of Appellate Procedure, Rule 9.400(b) provides for an award of attorneys’ fees at the conclusion of an appeal. These fees are commonly referred to as final appellate fees. However, Rule 9.600(c) and Florida Statute Section 61.16 provide that attorneys’ fees are available, while the appeal is also still pending. Meaning that you are able to recover attorneys’ fees prior to the outcome of the appeal. The purpose of providing for appellate attorneys’ fees is to put both...

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Top 10 Common Divorce Related Questions

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1. How is a divorce case started? One party must file a Petition for Dissolution of Marriage to start the divorce proceedings. Once the Petition is filed, the other spouse is served with a copy of the divorce petition by a process server. The spouse that was served then has 20 days to file an answer to the divorce petition. Once an answer is filed the parties have 45 days to exchange mandatory disclosure, which includes financial information such as bank statements and tax returns. Once mandatory disclosure is exchanged, the parties typically attend mediation. 2. Do I gain an advantage if...

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Top 5 Common Mistakes Doctors Make During a Divorce

At the DeWitt Law Firm, we understand that starting over is expensive. Not many life events impact your finances and family like a divorce. However, having an experienced divorce attorney can help to protect your interests and your assets. When representing doctors, physicians, and medical professionals, there are certain considerations to evaluate. Below is a list of the top 5 mistakes we see doctors, physicians, and medical professionals routinely make during a divorce. In order to avoid these mistakes and other pitfalls, be sure to consult with a divorce professional who has the experience necessary to properly represent your interests....

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Orlando Divorce Attorney Discusses Five Things to Do Before Filing for Divorce

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Divorce is a difficult and emotional decision. If you’re contemplating a divorce, there are a few things that you should consider doing prior to filing for divorce to make sure that you are protected while going through the process. Below are five steps that you should consider before filing for a divorce. While these steps do not apply to all individuals, it is a good idea to consider them and review your own situation to help protect your rights. 1. Be Sure you Want a Divorce Experienced divorce attorneys want to ensure that their clients are committed to the divorce...

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How do I make sure my prenuptial agreement will stand up in Court?

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When looking to hire an Orlando family law attorney to draft your prenuptial agreement, it is important that your lawyer is familiar with legal arguments often used to challenge the validity of a prenuptial agreement. Prenuptial agreements are often challenged as part of a subsequent divorce. However, by including specific provisions in the agreement, you can help ensure that the prenuptial agreement will be upheld in court. Here are some of the most common issues that should be addressed when entering into a prenuptial agreement. 1. Give a full and complete disclosure of the assets. A prenuptial agreement is only valid if...

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Tax Consequences of Alimony from an Orlando Alimony Attorney

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When it comes to selecting an Orlando Alimony Attorney, it is important that you discuss with your attorney the potential tax consequences that occur in a divorce. When dealing with alimony there are specific IRS codes that make alimony taxable or tax deductible, depending on whether you are paying or receiving alimony. Additionally, it is important to discuss how the tax consequences may affect the settlement agreement that is entered into by the parties. This is an area of law that many divorce or family law attorneys may not be familiar with, so it is important to also discuss your...

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