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How to hire the right attorney for your divorce

How do you know who to hire as an attorney to represent you in a divorce? Making that decision can be very critical. The most important thing is that you feel comfortable with your attorney and that your attorney is responsive to your issues and your concerns. Sit down with your attorney, tell the attorney what you want out of the divorce, how you want things to end up, what your major concerns are, and make sure that attorney is responsive to your major concerns. Forming a good relationship with your attorney, good communication between yourself and your attorney can...

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How is alimony determined in the state of Florida?

Currently there is no set formula for determining alimony in the state of Florida. The legislature is looking at revamping the alimony statute as we make this video. However, right now alimony is based on certain criteria. Those criteria are need and ability to pay. The need of one spouse measured against the ability to pay from the other. And alimony is generally the lesser of one spouses need or the other spouse's ability to pay. [mkd_button size="huge" type="solid" target="_self" icon_pack="font_awesome" fa_icon="fa-balance-scale" font_weight="300" text_transform="none" text="Click to Estimate Alimony with DeWitt Law Firm's Alimony Calculator" link="/divorce/alimony/alimony-calculator/" font_size="20px" margin="25px 0px 25px 0px"] So for example,...

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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...

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What is a postnuptial agreement?

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....

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What Makes a Prenuptial Agreement Enforceable in a Court of 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...

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The Emotional Aspect of Getting Divorced

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...

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