FAQ's
 
Should I file for bankruptcy?

The decision to file for bankruptcy is not one to be made lightly.  When it comes to bankruptcy there are many intricacies involved.  It is best to first meet with an attorney so that they can get an accurate idea of what your financial situation looks like and get professional advice so you know how to go forward.  

During our first meeting we will ask you questions about your income, assets and liabilities and explain your options under the many different forms of bankruptcy available to individuals (Chapters 7, 11, 12 and 13).  From there we will advise you as to which chapter appears best for you based on your goals, taking into consideration the fact bankruptcy is not only a financial decision, but an emotional one as well.

Once we’ve made an assessment and given you an idea of what to expect, it will be your choice as to which chapter you file (as long as you qualify).  

For more information dial 904-296-1050 or email our secretary, Lorrie by clicking here.

 
Am I entitled to a child support modification?

A person is entitled to a support modification if they can show that there is a "Substantial Change in Material Circumstances".  The courts define this as either a 15% change in income or a change that would amount to a $50.00 change in support, whichever is greater. 

To figure out if a sufficient change has occurred for a motification, an attorney will need to recalculate the Child Support Guidelines based on the financial situations of both parites.  Typically, such a change occurs every 2-3 years.

For more information dial 904-296-1050 or email our secretary, Lorrie by clicking here.

 
I am in the military can I file for divorce or bankruptcy?

If you have been a resident of Jacksonville for the proceeding 6 months, you may file for bankruptcy or divorce in Duval County or the surrounding counties.  The residency requirement requires that you have proof such as a driver's license that you have resided here for at least 6 months prior to filing.  If you are in the military, you may declare a state to be your record home of residence.  However, if you have resided here continuously for 6 months, you may still file in Florida in most cases.

 
If I file for divorce, how long will it take?

Usually, in most cases if there are no children involved, it will take 4-6 months.  If there are children involved, it depends on whether or not there is an agreement as to time-sharing.  If there is, the same time usually applies.  If you have a time-sharing disagreement, it can take 8-12 months, and in some cases much longer.

The time-frame depends on the parties and their expectations.  From when we have a signed agreement, the divorce can usually be scheduled for final hearing within 5-7 days.  In some instances, the next day or so. 

 

 
What laws effect the relocation of a child when a time-sharing plan is in existence?

The Florida relocation statute requires that you give notice to the lesser time-sharing parent if you are moving 50 or more miles from that parent's home.  This is true even if you are not leaving the state.  The notice must be registered with return receipt requested.  The non-moving party has 30 days to respond. Thereafter, if not timely filed, the moving parent may not legally leave.

Note: This event triggers a substantial change in circumstances and time-sharing (custody) may be revisited.  It is important to consult counsel when you are considering a move.

For more information dial 904-296-1050 or email our secretary, Lorrie by clicking here.

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