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Frequently asked questions.

Straight answers to the questions we hear most. For advice about your own situation, call us.

Divorce & Family Law

What should I do, and not do, during a divorce?
Be reasonable and cooperative where you can, support your children's relationship with both parents, and disclose all assets completely. Do not relocate with the children, violate temporary custody orders, give away or hide property, or try to navigate the process without counsel.
Is mediation required in Florida family cases?
In most contested family cases the court will order mediation before trial. A certified mediator helps both sides reach an agreement privately; if you settle, the agreement becomes an enforceable court order.

Criminal Defense

Can a first-time offender get the charge dismissed?
Often, yes. Many non-violent third-degree felonies and misdemeanors qualify for Pre-Trial Intervention, and certain drug possession charges may be diverted to Drug Court. Successful completion generally results in dismissal.
What are the penalties for a first DUI in Florida?
A first conviction carries a fine of $500 to $1,000, up to six months in jail, 50 hours of community service, and a license suspension, with higher penalties for a BAC of .15 or above or a minor in the vehicle. You have only 10 days after arrest to request a hearing to protect your license.
What is the difference between sealing and expunging a record?
A sealed record still exists but is hidden from the public. An expunged record is destroyed, with limited exceptions for law enforcement and certain agencies. Eligibility depends on the charge and your history.

Civil Litigation & Foreclosure

What is foreclosure?
Foreclosure is the legal process a lender uses to force the sale of a property to recover a mortgage debt, typically after three or four missed payments.
What happens after I receive a foreclosure summons?
You have 20 days to file a response with the court. Options may include forbearance, modification, a short sale, a deed in lieu of foreclosure, or bankruptcy protection. Contacting your lender and an attorney immediately preserves the most options.
Can the bank evict me right away?
No. Only a court order entered after the foreclosure process is complete can require you to leave your home.

Estate Planning & Probate

What should an estate plan include?
At minimum, a will or trust, a durable power of attorney, a designation of health care surrogate, and a living will. Many families also benefit from a revocable living trust to avoid probate.
What happens if I die without a will in Florida?
Your assets pass under Florida's intestacy statute, which may not match your wishes. Probate costs and delays are typically higher, and a court may need to appoint a guardian for minor children.
How often should I review my plan?
Every two to three years, or after any major life event such as marriage, divorce, a birth or death, a significant change in assets, or a move to another state.

Personal Injury

How much does a personal injury attorney cost?
Nothing up front. Personal injury cases are handled on a contingency fee: the attorney is paid a percentage of the recovery, and only if there is one. Consultations are free.
Who pays my medical bills after a car accident?
Your own Personal Injury Protection (PIP) coverage pays first, up to $10,000, regardless of fault. Health insurance and the at-fault driver's liability coverage may cover the rest.
How long do I have to file a claim?
Florida's statute of limitations for most negligence claims is two years from the date of injury, and two years for wrongful death. Some claims have shorter notice requirements, so do not wait.
Will I have to go to trial?
Most cases settle, often at mediation. If a fair settlement cannot be reached, we are prepared to try the case, and you will need to be present at trial.
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