does the attorney meet with both parties when initializing the divorce.? does the attorney usually get a fee or piece of any financial settlement? if so generally what percentage do they take. ? the party that receives the financial settlement would that be taxable regardless if the settlement consists of a buyout by one party to the other of an equal share of a condo owned jointly ?
Criminal Defense Attorney
I can usually get an uncontested divorce done within 2 weeks after all the documents are signed. It can take a while for that to happen, perhaps 3 months from start to finish. Each party should have their own attorney, one cannot represent both. The filing fee is $400, and the attorneys fees have to be paid up front. It is usually a set amount, mine is currently at $750 to $1500, depending on the complexity. There are usually no tax ramifications, but you would have to be sure by getting advice from an accountant.
R. Jason de Groot, Esq., 386-337-8239
Family Law Attorney
The timing of a divorce depends greatly on which county you file in, how backed up the judge's calendar is and, mostly, how cooperative the parties are. Usually, one attorney won't meet with both parties since, in Florida, it's unethical to represent both parties at the same time. But it's not unheard of for both parties to come into the attorney's office together for convenience' sake.Florida ethics rules also prohibit lawyers from taking a cut of the financial settlement. Mostly, divorce transactions aren't taxed, though alimony is an exception.
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Do note that some jurisdictions now offer an option to waive the right to appear at a final hearing for and uncontested proceeding and receive your Final Judgment by mail under certain limited circumstances. The Plant City (Hillsborough East) is one such example. Visit here for more details: http://www.fljud13.org/JudicialDirectory/TomBarber/ProceduresPreferences.aspx. Check in your area to see if this is an option.
Building on the other answers, I would also note that contingency fee agreements are against the law in family cases.
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