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William Steven Foley

William Foley’s Answers

4 total

  • My husband left the state with his girlfriend 2 mo. ago, how do I file a divorce

    We have been separated 4 months. No children. We have a lot of debts some in my name, some in both names. I have no money or a job. I live with a relative.

    William’s Answer

    If you can speak to an attorney about this issue it may be helpful for you. You might even try to contact Legal Aid: Bay Area Legal Services: Dade City: 37718 Meridian Ave.: Dade City, FL 33525-3715: Telephone 352-567-9044, to see if they would be able to represent you for your case. You would have to call them and speak to them about this as they determine who they will represent.

    I see that you live in Dade City, Florida in Pasco County. You may want to take a look at the website for the 6th Judicial Circuit (for pasco and pinellas counties) and click on the link for "Representing yourself in Family Court." On that page there is a link to the Florida Courts website which has a number of forms for use by Pro Se (unrepresented parties) going through a divorce.

    Again, there is no substitute for legal advice and a consultation with an attorney, so I would at least speak to an attorney about your options and what you may have the ability to plead for in your divorce.

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  • Who stays and who vacates the marital home?

    I've refused to leave the home. There is no verbal or physical abuse involved but my wife has agreed to leave the marital home. Her annual salary is 25-30K more than mine and enough to maintain the financial obligations of the house. Will the cour...

    William’s Answer

    You should speak to an attorney about this issue.

    You described the home as the "marital home" so I will assume that this is the home purchased by the two and you and lived in during the marriage. The Court can hear motions regarding exclusive use and posession of the marital home in certain circumstances, but again it will be based on specific factors of your case and the prevailing law in your jurisdiction on the issue.

    In Hillsborough County, where I practice, there are temporary relief hearings where exclusive use and possesion of the marital home can be requested, but it is up to the judge, or the parties if they agree to a settlement of the issue. I am not sure by your question if anyone has filed for divorce yet, or if there are children involved.

    That is the most I can answer without knowing any additional information, but I would highly suggest you speak to an attorney about your specific set of circumstances.

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  • Where do I go to get divorce papers started?

    My husband and I separated 8 months ago, now I want to file for divorce. I cannot afford a lawyer. I have two children by my husband, they live with me. My husband is incarcerated and I want to serve him papers before he is released in mid October...

    William’s Answer

    I do not practice in Duval County, but you can go to the court's website to obtain the information on how to obtain forms you will need for your divorce. It is the Fourth Judicial Circuit Court's website and there is also information with regard to free legal clinics and the Florida Courts website (as mentioned previously) where you can download a number of forms to assist you.

    You may also wish to speak with legal aid in your area to see if you qualify, or speak to an attorney around you to see if you can work out a payment plan or a low cost retainer.

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  • What a standard hrly rate for a not so complicated divorce case?


    William’s Answer

    Each lawyer is different in what their hourly rate is. Their hourly rate is usually commensurate with their experience and their familiarity with each specific area of law.

    If you are asking how much the entire amount for the case is, that is different than the hourly rate. Most divorce attorneys will quote a retainer amount and bill their hourly rate against the retainer, as every case is different. There are some attorneys that charge a flat fee and some that use a value billing structure. Each law office is a little different in how they charge for a case. Some offer payment plans to help with the cost so that it can be paid over a specific period of time.

    I would suggest that you schedule a few initial consultations and speak to attorneys in your area to determine what they would charge you for your divorce case.

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