Gainesville Personal Injury, Divorce and Alimony Attorney

Attorney’s Fees and Divorce Cases: What You Should Know

Recently at Alba & Straile, PLLC, in divorce cases or post-divorce cases, we have been successful in getting the other party to pay attorney’s fees. This is because parties under the jurisdiction of the Court fail to do what they are told.

Normally, attorney’s fees in family law litigation are based on one side’s need and the other side’s ability to pay for fees. We show these “need” and “ability” factors through financial information including differences in income, assets, and liabilities. When one side can show a “need” and the other is shown to have the “ability,” a Court can then order reasonable fees paid by the party in the superior financial position. The general idea is to equalize the parties and their ability to get adequate representation.

However, this is not the only way a party can force the other party to pay attorney’s fees. Another basis to award fees can be found as a sanction for not obeying an order of the Court. Frequently in family law, litigation parties have discovery obligations to produce financial documents. This may include earnings, bank records, and other items that the family law requires the parties to produce. Additionally, attorneys for the parties can use other discovery methods such as sending interrogatories (written questions), requests for production of relevant documents beyond those in mandatory disclosures. and requests for admissions of fact.

The additional steps of seeking information through the discovery process obligates the other party to respond. When the party does not respond, one party can file a motion and ask a Court to enter an order compelling the other party to respond. This is the Court’s way of saying, “you were supposed to follow the rules, now I am telling you, you have to follow the rules.”

Even after these two bites at the apple, some parties just do not get it. They still fail to do what the judge told them to do. The next step is contempt and sanctions. Sanctions can include having the party pay some or all of the attorney’s fees in a case. An important part of this process is having an attorney willing to engage in discovery and take the initial steps to make sure a party is following the rules.

At Alba & Straile, our firm manages cases focused on the result with an eye on engaging in discovery and being proactive in handling our clients’ cases. If you are looking for an attorney who will take the steps to evaluate whether you can get the other party to pay your attorney’s fees or be proactive in handling your case, contact Alba & Straile today for a consultation. Please call, text, or click to fill out the form online

Gainesville 352-371-9141

Ocala 352-694-4529

See: Mercer v. Raine, 443 So. 2d 944, 946 (Fla. 1983); see Godwin v. Godwin, 273 So. 3d 16, 18 (Fla. 4th DCA 2019).

Adjudication

English Transcript:

What is an adjudication? An “adjudication” is a fancy legal term for a decision by the judge. In a child support context we would say the judge is going to adjudicate your child support matter. In a criminal or traffic ticket case it can be more complicated because of the withholding adjudication concept. The judge adjudicating a person, in a criminal or traffic ticket case, would mean that person is convicted. When a judge withholds adjudication, it is a legal fiction that the judge does not make the decision but sentences the Defendant anyway. We’re not making a choice; we’re not making a decision but, the Defendant will incur a penalty. The Defendant is not convicted, perhaps not convicted felon or, there are no points on the driver’s license in that context. Remember that you have rights, you should know them and. you should use them. Good luck with your cases.

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What is an Injunction?

English Transcript:

Good morning this is Christian Straile coming to you from outside the courthouse here in Ocala, Marion County Florida. Where I just concluded injunction Court. What is an injunction? Well, an injunction is simply an order telling you to do or not do something, it could be to remove a fence from your neighbor’s property or for today was injunctions for protection against domestic violence, telling people to stay away from each other or more particularly injunctions are one-way streets. Meaning that they only apply to the respondent, the court only orders the person who was served the injunction to stay away. These injections have long reaching consequences well beyond the courthouse, if you are served or know somebody who has been then they should speak to an attorney. You have rights you should know them; you should use them, thank you and good luck.

Spanish Transcript:

Buenos días, este es el abogado Christian Straile viniendo a usted desde fuera del tribunal aquí en Ocala, condado de Marion Florida. Donde acabo de concluir el Tribunal de Interdicto, ¿qué es una orden de Interdicto o Orden de proteccion? Bueno, una orden de Interdicto es simplemente una orden que le dice que haga o no haga algo, podría ser para quitar una cerca de la propiedad de su vecino o para hoy fue una Interdicto para la protección contra la violencia doméstica, diciéndole a la gente para mantenerse alejados unos de otros o más particularmente las Requerimiento son calles de un solo sentido. Lo que significa que el único se aplica al demandado, el tribunal solo ordena a la persona a la que se le entregó la orden Interdicto que se mantenga alejada. Estas Ordenes han alcanzado consecuencias mucho más allá del tribunal, si usted es atendido o conoce a alguien que ha estado, entonces debe hablar con un abogado. Tienes derechos, que debes conocer; deberías usarlos gracias y buena suerte. 

#Injunction #DomesticViolence #DomesticViolenceLawyer #DomesticViolenceAttorney #OrderOfProtection #FamilyLawyer #FamilyAttorney #Lawyer #Attorney #Abogado #OrdenJudicial #ViolenciaDoméstica #AbogadoDeViolenciaDoméstica #Ordendeprotección #AbogadoDeFamilia #AbogadoDeInterdicto