How are attorney’s fees handled in a divorce and can I get my attorney’s fees paid by the other side?

How are attorney's fees handled in a divorce and can I get my attorney's fees paid by the other side? Well, that depends. Attorney's fees are recoverable or can be recoverable from your spouse if you have the need for your spouse to pay those attorney's fees and your spouse has the ability to pay them. So need and ability to pay is what determines whether or not any or all of the other side's attorney's fees are paid by the other spouse. Often times, you'll be required to pay your attorney first and then your attorney will seek contribution...

27 February

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What is a postnuptial agreement?

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

Some people aren't aware that there's also such a thing as a postnuptial agreement. A postnuptial agreement is an agreement that the parties enter into after they're married. Often times, postnuptial agreements can actually be used to help resolve economic issues between the parties that arise after the parties are married. Economic issues are one of the major issues why parties actually get divorced. So if you can sit down and talk about and resolve those economic issues, and then sign a postnuptial agreement you might help actually save your relationship....

25 February

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What Makes a Prenuptial Agreement Enforceable in a Court of Law

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

There are certain factors that goes into determining whether or not a prenuptial agreement is enforceable in a court of law. One of those factors is absolute and complete total disclosure of assets and liabilities by both parties. This is essential because it has to be a knowing agreement. Everybody signing the agreement needs to know what the assets and liabilities are of the other spouse. So both potential spouses need to sign a complete disclosures of all assets and liabilities. In addition to that, there needs to be substantial enough time for both spouses to review the prenuptial agreement...

25 February

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The Emotional Aspect of Getting Divorced

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

For many people, divorce can be an emotionally traumatic situation. Unfortunately, the courts are not set up to deal with the emotionalism of divorces. Florida is a no fault divorce state, so the reason why you might want to divorce or why your spouse is divorcing you is in all likelihood in most situations not relevant to the issues before the court. Therefore the court will not hear a lot of these emotional situations that are so important to you or can be so important to you. In some circumstances it might be important for you to find other avenues...

24 February

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Why are prenuptial agreements important?

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

It might be difficult to talk to you potential spouse about a prenuptial agreement but prenuptial agreements can be very important, especially to people who have assets going into a marriage that they want to be protected or for example, if you have children from another relationship when you're going into a new marriage a prenuptial agreement can be very important. Prenuptial agreements identify which assets and liabilities you have before the marriage so that in the event of a divorce for example, it's clear that those assets are non-marital. A prenuptial agreement can also talk about and make provisions for...

23 February

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Business Valuation in the event of a Divorce

Posted by DeWitt Law Firm, P.A.

in Business Law, Divorce

Some families work very hard in a family owned business. And that family owned business becomes a very important asset in the event of a divorce. That asset needs to be valued. We use professionals that we work with to help value that business. We come up with an overall valuation and then we also have to determine what portion of that business is marital and the value of that marital portion. Things like valuing that assets - the tangible assets, the intangible assets,good will -- all go into valuing the business. ...