This answer depends on how many issues your case involves. If you have minor children and are unable to amicably resolve the issues involving the children including time sharing, parental responsibility, and child support, then your case will typically take longer to resolve than a case without minor children. However, cases can be presented as uncontested or contested. If your case is contested and you are unable to resolve the issues on your own, then you will be required to attend mediation. There is no magical number of how long it will take for your case to resolve. Each case has its own unique facts and you never want an attorney to rush through the process. This is a time in your life to be patient and careful in your decision-making.

If you plan to hire the Law Offices of Alyssa D. Honickman, P.A., we will provide a list of all the documents you will be required to present to the other side. Here is a list of some documents to get you started on the right track: last three years of tax returns, last three months of bank statements including checking and savings accounts, last year of any statements showing your liabilities including credit cards and other debts, last three months of pay stubs, last three years of statements from your retirement account, stock accounts, or profit sharing accounts. You will also need to file a financial affidavit. It will be helpful to make a list of your monthly expenses.

The client hiring the attorney must pay the attorneys fees up front. However, the spouse or party that makes a significantly higher income can be required by the court to pay the other spouse's attorneys fees. However, if you plan to hire an attorney to represent you in your family case, then you need to be prepared to pay your own fees at the beginning of the case. An award of attorneys' fees can be made for temporary fees or permanent fees at the closure of your case. The court will consider the amount of fees your attorney has charged, the difficulty of the issues involved in your case, the reasonableness of the fees, and each party's conduct in proceeding forward on the case. The award of attorneys' fees is no guarantee on any case.

Many people assume that the court will divide all assets and liabilities equally between the parties. This is a myth in family law cases. There is no statute that requires the court to split assets and liabilities equally. The court is required to conduct an equitable distribution between the parties. But this is no way means "equal." The court will consider when the liability was incurred and what each party contributed to the liability. The same goes for assets. The court will look at when the asset was obtained and what each party contributed to create this asset. The court will consider each asset and each liability and conduct an individual analysis before conducting equitable distribution.

Some individuals feel that 50/50 is the rule when determining time sharing between parents. This information stems from Florida Statute § 61.13. The statute states: "It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys of childrearing." Therefore, the court will encourage a time sharing schedule that allows both parents time with the children. There are many factors in a given case that would dictate one parent having majority time with the children. For example, depending on the distance between the parents' homes, it is often difficult for the children to spend overnights during the weekdays with both parents. For a more detailed answer about your specific case, please call the Law Office.