O'Mara Law Group

If you have a long-term marriage, which is 17 years or greater, then there’s a likelihood that you will have to pay permanent alimony to your spouse, but alimony is all based on need and ability to pay, so if your spouse is making the same money that you are, then you may not even have to pay alimony.

When you’re going through a divorce, you don’t necessarily have to move out of your house right away. You aren’t going to lose it right away. You can request exclusive use and possession of it during the term of the divorce, but that house is a marital asset that will ultimately have to be distributed in an equitable distribution scheme.

When you get married, any money that goes into your retirement is a marital asset. So when you file for divorce, that marital asset becomes part of the equitable distribution, meaning that even though it’s your retirement account, it still has to be distributed and your spouse is entitled to half of the portion that’s in there.

If you are stopped or pulled over by a police officer, there is some information that they are entitled to; again, generally, your license, maybe your registration. It’s not common knowledge, but you do not have to speak to a police officer beyond that basic information.

So, in Florida, some cases can be sealed once they’re resolved and some cases cannot be sealed.

The biggest benefit of Florida being an open discovery state is that we get all of the discovery in your case, we get it well before a trial, we have the opportunity to go through everything, whether that be a body camera video, surveillance video, witness statements. We get the chance to go over it with you as the client and build your case up to its best potential.

You do not have to give police officers any additional information for the most part, other than your name, license, probably your registration as well. We always suggest that you get a lawyer on the phone as soon as possible.

If you have been convicted of a felony, your spouse likely cannot own a firearm. A felony conviction prohibits you from owning a firearm, and if your spouse owns one, it is known as constructive possession because it is quite easy for you to obtain and use the firearm. In some cases, it may be possible for your spouse to own a gun but they must keep it in a locked location and make sure they are the only one with access to the key or combination.

The only way to restore your rights after being federally convicted of a firearms offense is to pursue a Presidential pardon.

When determining whether one or both parents will have parental responsibility, and what time-sharing arrangement is appropriate, a judge evaluates all of the factors affecting the welfare and interest of the particular child and the circumstances of that family. These factors are used by the judge to determine the best interests of the child. Some of these factors include the length of time the child has lived in a stable environment, the driving distance between parents with special attention to school age children, and whether either parent has a history of domestic violence or substance abuse.

Usually, courts will sentence risk protection orders for a one year period. However, the length of the order depends on many factors, such as criminal history.

No. The only people authorized to file a petition for an RPO are police officers and other law enforcement agencies. However, if someone believes another person poses a risk to themselves or another person and they own or have access to a firearm, they can contact law enforcement and ask them to file a petition. When someone asks law enforcement to file a petition, they must provide information and other evidence that supports their request. This evidence can include threats and acts of violence, or of any mental health issues the respondent is currently dealing with. Individuals asking law

A risk protection order is an order issued by the court that requires a person to surrender their firearms to law enforcement. This person, known as the respondent, must also surrender their license to carry a concealed weapon, when appropriate

No two divorce cases are exactly the same, and there is no one pattern every case will follow. As such, the length of any divorce case will depend on the specifics of the case, and the type of divorce the couple is seeking. The quickest, simplest type of divorce is one that is uncontested, meaning the couple agrees to all terms. An uncontested divorce can be resolved in as little as a few weeks. The more complex the issues, and the more disputes that arise, the longer a divorce will take.

Police can only search your vehicle if they have reason to believe that you are under the influence while you were operating your vehicle. You should never consent to a search of your car, as doing so alleviates the officer of their legal obligations. However, if the officer starts to conduct a search, do not argue and do not interfere. Simply do not say anything and wait until they have conducted their search and you have left the scene to contact a lawyer that can advise if the search was illegal.

It is not illegal to simply have a container of medical marijuana in your vehicle. However, you must present an officer with your medical marijuana card when asked, and the product should still be in the original packaging. If you do not show your card to law enforcement when asked, you could face misdemeanor charges punishable by up to 60 days in jail and a fine of no more than $5,000. However, you can still present your card either before or at your court hearing.

It is not uncommon for some people to refuse to pay alimony, even after being ordered by a Court to do so. This may seem like a hopeless situation, but you do have options. You can petition the Court to enforce the current alimony order. If you are successful, a Judge may then issue an Order, such as a garnishment, so you can recover the alimony. A wage garnishment will deduct some of your former spouse’s wages from their paycheck and direct them to you instead, forcing them to pay what is owed.

Alimony is always modifiable if there has been a substantial change of circumstances, or the parties agree otherwise. Reasons to seek modification of alimony include death, remarriage, or a significant change of income. Either party can petition the Court to modify the alimony, but they must show a significant change of circumstances has made the current order impractical. Through a modification, you can increase or decrease the amount of alimony, or terminate the order altogether.

A long marriage does not necessarily mean one spouse will be awarded alimony, just as a shorter marriage does not immediately disqualify a person from pursuing alimony. Shorter marriages that last fewer than seven years are not eligible for permanent or long durational alimony. Moderate term marriages, those last more than 7 years, and long term marriages, those lasting more than 17 years, are often eligible for longer term alimony.

It is very common for people to assume that if they were unfaithful to their spouse and that led to the breakdown of the marriage, they will have to pay alimony. Spousal support is not used to punish spouses, though. Florida is a no-fault divorce state and so, wrongdoing does not automatically mean the wronged spouse will receive alimony.

Any divorce will involve a number of terms that must be decided on. The most common of these include: Parenting Issues Equitable Distribution Alimony Child support Knowing your rights in regards to these terms can help you better understand what you should fight for, and what you may have to relinquish.

It is no secret that divorce is a costly endeavor. There are ways though, that you can reduce the cost of your divorce. If you and your spouse can reach an agreement about all the terms, you can get an uncontested divorce, which is the most cost effective option by far. If you disagree about certain terms of the divorce, the process can become more expensive. Litigation is the costliest option, but you may be able to reach an agreement during mediation or the Collaborative process, which can help with reducing costs.

There are two main factors a Judge will consider when deciding on parenting issues. The first is the best interests of the child, which is the main factor. The second is the fitness of the parents to care for the child. Some of the main factors a Judge will consider are: The amount of time each parent spends with the child The income of each parent The child’s expenses The preference of the child, when they are of a certain age and maturity

Violating an official child custody order or contract will come with consequences. If you violate a court order, you can be held in contempt of court, which could even result in jail time. You will also likely have to pay high fines, as well as your former spouse’s legal fees. It could also affect the amount of time you spend with your child.