Frequently Asked Questions

It depends on whether your spouse fights. Uncontested divorce with agreement on all issues: $3,000–$7,000. Contested divorce with litigation: $15,000–$50,000+. High-conflict cases involving custody battles, hidden assets, or complex property division can exceed $100,000. Factors affecting cost: Discovery (subpoenas, depositions, forensic accounting), expert witnesses (custody evaluators, business appraisers, forensic psychologists), trial preparation, court hearings, mediation sessions. Most attorneys charge hourly ($300–$500/hour in Miami). I require a retainer based on case complexity. No attorney can guarantee total cost—it depends on your spouse's cooperation and litigation strategy.

Uncontested divorce: 4–8 weeks after filing (Florida has no waiting period if you meet residency requirements). Contested divorce: 6–18 months, depending on court dockets, discovery disputes, and trial scheduling. High-conflict divorce with custody battles, forensic accounting, or appeals: 18–36 months. Delays happen when spouses hide assets, refuse discovery, file frivolous motions, or demand unnecessary depositions. Strategic delays are common—opposition uses time as leverage. Experienced counsel minimizes delay tactics.

Parental Responsibility (Legal Decision-Making): Authority to make major decisions about the child's education, healthcare, religion, and extracurricular activities. Florida presumes shared parental responsibility unless evidence shows one parent is unfit or poses risk to the child. Timesharing (Physical Custody): The schedule determining where the child lives and when each parent has physical custody. Courts no longer use 'custody'—it's now 'timesharing schedule.' You can have shared parental responsibility (both parents decide major issues) but unequal timesharing (child lives primarily with one parent). Courts determine timesharing based on the child's best interests—not parental 'rights.' Factors include each parent's ability to facilitate relationship with other parent, work schedules, school district, child's preference (if mature enough), history of domestic violence, and continuity/stability.

Florida doesn't use 'full custody.' The question is: (1) Can you get sole parental responsibility (sole decision-making authority)? (2) Can you get majority timesharing with minimal timesharing for the other parent? Sole Parental Responsibility: Rare. Requires evidence the other parent is unfit—substance abuse, documented child abuse/neglect, mental illness affecting parenting, domestic violence, demonstrated inability to make decisions in child's best interests. Courts presume shared parental responsibility unless you prove otherwise. Majority Timesharing (What People Call 'Primary Custody'): More common. Courts award majority timesharing when one parent demonstrates superior ability to meet the child's needs—stable home, involvement in education, facilitating relationship with other parent, work schedule allowing more availability. Key: Florida courts prioritize the child's relationship with both parents. To get majority timesharing, you must prove it serves the child's best interests—not that the other parent is bad, but that you're better positioned to provide stability, continuity, and support.

Florida uses statutory guidelines based on: 1. Combined monthly income of both parents (gross income minus allowable deductions) 2. Number of children 3. Timesharing percentage (overnights each parent has) 4. Health insurance costs 5. Daycare costs Basic calculation: Courts determine combined net income, apply guidelines to determine total child support obligation, then allocate based on each parent's percentage of combined income and timesharing. Example: Father earns $8,000/month, mother earns $4,000/month. Combined: $12,000. Father's percentage: 66.7%. Mother's percentage: 33.3%. If mother has 70% timesharing, father pays more support. If father has 70% timesharing, mother pays support. Deviation: Courts can deviate from guidelines based on special needs, extraordinary expenses, child's standard of living during marriage, or other relevant factors. Deviation requires evidence and argument—not automatic. Modification: Support can be modified if there's substantial change in circumstances—job loss, significant income increase/decrease, change in timesharing. 'Substantial' means 15%+ change or $50/month, whichever is greater.

1. REMAIN SILENT: Say 'I want a lawyer' and NOTHING else. Not your side of the story. Not 'I didn't do it.' Nothing. Everything you say will be used against you. Silence cannot. 2. DO NOT CONSENT TO SEARCHES: Say 'I do not consent to searches.' If they had probable cause, they wouldn't ask. Your consent waives Fourth Amendment protection. Never consent. 3. CALL AN ATTORNEY IMMEDIATELY: (305) 371-5060. Prosecution starts building their case the moment you're arrested. Every hour you wait gives them an advantage. Call NOW. 4. DO NOT TALK TO ANYONE: Not cellmates. Not jail staff. Not family on recorded lines. Not 'friends' who might testify. Only your attorney. Attorney-client privilege protects our conversations. Nothing else does. Police will lie: 'It'll be better if you cooperate.' It won't. Cooperation means confession. Let your attorney negotiate cooperation if it benefits you. Never do it without counsel. Do not waive rights. Do not sign anything. Do not agree to anything. Wait for your attorney.

First-time DUI penalties (Florida Statute 316.193): Criminal Penalties: - Fine: $500–$1,000 (higher if BAC ≥0.15 or minor in vehicle) - Jail: Up to 6 months (up to 9 months if BAC ≥0.15) - Probation: Up to 1 year - Community service: 50 hours mandatory - DUI school: Mandatory - Substance abuse evaluation/treatment: If recommended License Suspension: - Administrative suspension: 6 months (for refusing breath test) or until DUI school completion - Criminal suspension: 6 months to 1 year - Hardship license available after 30 days (if eligible) Defenses: - Improper traffic stop (no reasonable suspicion) - Breathalyzer malfunction or improper administration - Field sobriety test errors (medical conditions, improper instructions) - Rising blood alcohol (BAC below 0.08 at time of driving, rose afterward) - Lack of probable cause for arrest First-time DUI is often negotiable—reduced charges, withheld adjudication, or dismissal if defenses exist. Hire experienced DUI counsel immediately. Do not plead guilty without attorney review.

No. The victim doesn't 'press charges'—the State Attorney does. Common misconception: 'If my spouse/partner doesn't want to press charges, the case gets dropped.' False. Once police arrest you for domestic violence, the State decides whether to prosecute. Why prosecutors continue cases despite victim recantation: 1. State's interest in preventing domestic violence (not victim's preference) 2. Concern victim is being pressured/threatened to recant 3. Evidence beyond victim testimony (photos, 911 calls, witness statements, officer observations) 4. Mandatory arrest policies in domestic violence cases Deposition: Prosecutors will depose the victim under oath. If victim recants, prosecutors may use prior inconsistent statements against them or charge victim with filing false report or perjury. Defense strategies when victim recants: - File motion to depose victim - Subpoena inconsistent statements - Challenge victim credibility - Demonstrate lack of physical evidence - File motion to dismiss for insufficient evidence Result: Cases can be dismissed or reduced when victim recants AND there's insufficient corroborating evidence. But don't assume dismissal—prosecutors often proceed anyway. You need experienced domestic violence defense counsel.

Jurisdiction: - State charges: Violations of Florida state law, prosecuted in Florida state courts (county or circuit court) - Federal charges: Violations of federal law (U.S. Code), prosecuted in U.S. District Court Common federal charges: Drug trafficking across state lines, federal firearms violations, mail/wire fraud, money laundering, tax evasion, immigration violations, crimes on federal property, child pornography, bank robbery, kidnapping across state lines. Key differences: 1. Prosecutors: State = State Attorney's Office. Federal = U.S. Attorney's Office (more resources, more aggressive). 2. Investigators: State = local police, sheriff. Federal = FBI, DEA, ATF, Secret Service, ICE, IRS (more sophisticated investigations). 3. Sentencing: Federal = mandatory federal sentencing guidelines (more severe). State = Florida sentencing guidelines (more flexibility). 4. Mandatory minimums: Federal charges often carry mandatory minimum sentences (e.g., 10 years for drug trafficking). State charges have some mandatory minimums but more room for negotiation. 5. Trial: Federal trials are typically longer, more complex, and require specialized knowledge of federal rules of evidence and procedure. 6. Plea bargaining: Federal prosecutors have less discretion (must follow DOJ policies). State prosecutors have more flexibility. If you're charged federally, hire federal court-experienced counsel. I'm admitted to U.S. District Court, Southern District of Florida. Federal charges are serious—don't hire state-only attorneys.

Domestic Violence Injunction (Restraining Order): Court order prohibiting contact with alleged victim and restricting your behavior. Types: 1. Temporary Injunction: Issued ex parte (without your presence) based solely on petitioner's allegations. Lasts until final hearing (typically 2 weeks). 2. Final Injunction: Issued after hearing where both parties testify. Can last indefinitely (often 1 year, renewable). Restrictions: - No contact (direct or indirect) with petitioner - No contact with petitioner's family members (if ordered) - Surrender firearms (mandatory) - Vacate shared residence - Stay 500 feet away from petitioner's home, work, school - No social media contact Consequences: - Violation = criminal contempt (jail time) - Firearm prohibition (federal law—cannot possess firearms while injunction active) - Immigration consequences (can affect visa status, green card, naturalization) - Professional licenses (can affect healthcare, law, real estate licenses) - Family court impact (affects custody/timesharing in divorce cases) - Criminal record (appears on background checks) Defense: You have the right to contest at final hearing. Common defenses: false allegations (revenge during divorce), lack of credible evidence, petitioner's contradictory statements, witness testimony refuting allegations. Critical: Attend the final hearing with experienced counsel. Default = automatic final injunction. Don't represent yourself—injunctions have serious long-term consequences.

Hiding assets in divorce is illegal (Florida Statute 61.075). Courts have tools to find hidden assets and punish spouses who conceal them. Common tactics: - Transferring funds to family/friends - Offshore accounts - Undervaluing business interests - Cryptocurrency wallets - Cash hoard - Fake debts to friends - Delayed bonuses/commissions until after divorce Discovery tools: 1. Mandatory Disclosure: Both spouses must file Financial Affidavit disclosing all assets, income, expenses. 2. Interrogatories: Written questions under oath about finances. 3. Requests for Production: Demand bank statements, tax returns, business records, investment statements. 4. Subpoenas: Compel third parties (banks, employers, investment firms) to produce records. 5. Depositions: Question spouse under oath about assets, income, transfers. 6. Forensic Accounting: Hire forensic accountant to trace funds, analyze business valuations, identify hidden income. Penalties for hiding assets: - Court awards hidden assets 100% to innocent spouse - Attorney's fees (court orders guilty spouse to pay innocent spouse's attorney fees) - Contempt of court (fines, jail time) - Perjury charges (if lied under oath) If you suspect hidden assets, hire experienced divorce counsel immediately. I've handled high-net-worth divorces involving forensic accounting, offshore assets, and business valuation disputes. Opposition hides assets. We find them.

Maybe. Florida alimony law changed significantly (2023 reform). Courts consider: 1. Need and ability to pay: Does spouse need support? Can you pay? 2. Standard of living during marriage 3. Length of marriage 4. Age and health of both parties 5. Financial resources of both parties 6. Earning capacity, education, employability 7. Contribution to marriage (homemaker, career support, education) 8. Parental responsibilities Types of alimony (post-2023 reform): 1. Bridge-the-Gap: Short-term (max 2 years) to transition from married to single life. Not modifiable. 2. Rehabilitative: Supports spouse while obtaining education/training for employment. Requires specific plan. Modifiable if circumstances change. 3. Durational: Set period not to exceed length of marriage. Modifiable in amount but not duration. Terminates on remarriage or death. Permanent alimony: Eliminated for post-2023 divorces (except marriages ≥20 years with specific findings). Duration guidelines (for durational alimony): - Short-term marriage (<10 years): Max 50% of marriage length - Moderate marriage (10–20 years): Max 60% of marriage length - Long-term marriage (≥20 years): Max 75% of marriage length Retirement: Alimony can be reduced/terminated upon retirement (if reasonable). Modification: Alimony is modifiable upon substantial change in circumstances—job loss, income change, retirement, remarriage, cohabitation. Tax: Alimony is no longer tax-deductible (federal law changed 2019). Recipient doesn't pay taxes on alimony received. Bottom line: Alimony isn't automatic. It depends on need, length of marriage, and earning capacity.

It depends. Plea deals aren't always in your best interest. Many defendants plead guilty to charges they could beat at trial—because their attorney advised them to take the 'safe' option. Questions before accepting plea: 1. Is the evidence against me strong? If prosecution has weak evidence, illegal search, or credibility issues, trial may be better. 2. What are the trial risks? What's the worst-case scenario at trial vs. plea offer? If trial risk is minimal, don't plead. 3. Will this affect my immigration status? Non-citizens: some pleas trigger deportation. Never plead without immigration analysis. 4. Will this affect my professional license? Healthcare, law, real estate licenses can be revoked for certain convictions. 5. Is this a federal case? Federal guidelines limit judicial discretion. Plea agreements in federal cases are more binding. 6. What's my criminal history? First offense? Plea may include withheld adjudication (no conviction). Prior record? Plea may be strategic. 7. Can we suppress evidence? If illegal search, Miranda violation, or coerced confession exists, file motion to suppress. Evidence gets excluded = case weakens = better plea or dismissal. When plea deals make sense: - Strong evidence against you (video, confession, multiple witnesses) - Trial risk is severe (mandatory minimum, habitual offender penalties) - Plea includes significant reduction (felony to misdemeanor, withheld adjudication) - Prosecution offers reasonable deal When to reject plea and go to trial: - Weak prosecution case - Constitutional violations (illegal search, Miranda violation) - Witness credibility issues - Prosecution overcharging Never plead guilty without experienced counsel reviewing evidence, filing motions, and negotiating best deal. I've tried criminal cases for 28 years. I know when to plead and when to fight.

Yes—if there's substantial change in circumstances. Child Support Modification: Requires substantial change: - Significant income increase/decrease (15%+ change or $50/month) - Job loss or new employment - Change in timesharing (affects calculation) - Child's needs change (medical, educational) - Paying parent has new children (sometimes relevant) Procedure: 1. File Supplemental Petition for Modification 2. Serve other parent 3. Financial disclosure (updated Financial Affidavit) 4. Mediation (often required) 5. Hearing (if no agreement) Court recalculates support based on current income, timesharing, and expenses. Modification is not retroactive—only effective from filing date forward. Arrears (past-due support) remain owed. Alimony Modification: Requires substantial change in circumstances: - Significant income change (paying spouse earns less, receiving spouse earns more) - Retirement (if reasonable) - Receiving spouse cohabits with new partner (supportive relationship) - Health change affecting earning capacity Burden of proof: Party seeking modification must prove substantial change. Termination of alimony: - Remarriage of recipient (automatic termination) - Death of either party - Supportive relationship (cohabitation with partner providing support) - Retirement (if reasonable under circumstances) Critical: Don't stop paying support without court order. Stopping payment = contempt (jail, license suspension, wage garnishment). If circumstances change, file petition immediately. I handle modifications—both seeking and opposing.

First Appearance (Criminal Cases): Timing: Within 24 hours of arrest. Purpose: 1. Judge informs you of charges 2. Judge determines probable cause for arrest 3. Judge sets bail/bond or orders release 4. Judge appoints public defender if you qualify What happens: - You appear before judge (usually via video from jail) - Judge reads charges - Judge reviews arrest affidavit - Judge determines if probable cause exists - Prosecutor may argue for high bond or no bond - Defense argues for release or reasonable bond Bond determination factors: - Severity of charges - Criminal history - Flight risk - Danger to community - Ties to community (family, employment, residence) Outcomes: - Released on own recognizance (ROR)—no money required - Money bond—must post bail to be released - Conditional release—GPS monitor, no-contact orders, drug testing - No bond—held in jail until trial (rare, only serious cases) Critical: If possible, hire attorney BEFORE first appearance. Attorney can argue for lower bond or release. Public defenders at first appearance often can't review case thoroughly. After first appearance: Arraignment (you enter plea: guilty, not guilty, no contest). Then pre-trial hearings, discovery, motion practice, trial or plea. Family Law First Appearance: No such thing in family court. First hearing is typically Case Management Conference or Temporary Relief Hearing (for temporary custody, support, or injunctions).