Feher Law Blog

Blog Authors

Latest from Feher Law Blog

No. For a variety of reasons, this is a bad idea. Child support and seeing the kids (also called timesharing or visitation) have nothing to do with each other in the eyes of the court. By holding child support over the head of the other parent by keeping them from the kids, you end up looking no better than the parent not paying child support. The court will call this “unclean” hands. Sure, you are…
Contemplating a Collaborative Divorce? By Emily Schroll, Paralegal Dissolving a marriage can be a highly stressful and an emotional time. Here at Feher Law, we like to help our clients reach solutions without dismantling their relationships and the family structure along the way. This can be achieved by a Collaborative Divorce. Collaborative divorce involves full transparency and complete disclosure. When the parties commit themselves to avoiding adversarial proceedings, particularly litigation, and instead work together to…
Yes. If you did not use a lawyer when you and your spouse decided on a settlement agreement, you can still change your settlement agreement. This change to the agreement is also known as a modification. You can change your settlement agreement if three things occur. First, you both most agree to the changes. If you both do not agree to the changes, you may need a Supplemental Petition to modify your settlement agreement. You…
Yes. If you did not use a lawyer when you and your spouse decided on a settlement agreement, you can still change your settlement agreement. This change to the agreement is also known as a modification. You can change your settlement agreement if three things occur. First, you both most agree to the changes. If you both do not agree to the changes, you may need a Supplemental Petition to modify your settlement agreement. You…
Florida Statute §61.08 sets forth how the courts decide whether to award alimony and what kind of alimony to award. Alimony is based on two major factors. First, the person who wants to receive alimony must be able to show that they have a need for alimony. Second, the person who is going to pay alimony must have the ability to pay for alimony. The court may grant various types of alimony. These types include…
  Take a deep breath. Do not panic. Follow our simple six-day plan. Day one: A process server just served you with divorce papers. This can be embarrassing, infuriating, and depressing. There is only one thing we advise you to do today. Open your calendar and count 20 calendar days from today. Circle this date on your calendar or set an all-day reminder. This is the date your response to the divorce papers is due.…
  Arbitration is very rarely used in the practice of family law. Why is that? There are pros and cons to the use of arbitration for family law cases. First off, it is important to know that arbitration is different from mediation. Yes, they both include an impartial expert, but arbitration is an alternative to going to the Court and waiting for scheduling to take place between the parties, the mediator, and the attorneys. Arbitration…
  When you file bankruptcy, under the bankruptcy laws, you must list all of your debts and all of your assets. Additionally, it is up to the creditors to decide whether they will leave your cards open or not. It is extremely likely that the creditors will not decide to keep your accounts open. In fact, in my experience a creditor has NEVER kept an account open. That does not mean though that you will…
The purpose of filing bankruptcy is to rid yourself of damaging debt and allow you to get back on your feet. Often times, people find themselves back in stressful financial situations and may need to file bankruptcy again. The bankruptcy laws, however, restrict how often you can file bankruptcy.   The first determination to make is whether your previous bankruptcy case was dismissed or discharged. A bankruptcy case is dismissed if you failed to comply…
You can certainly file for divorce without knowing your spouse’s location. The problem becomes whether a court will grant you a divorce without notifying your spouse. This is the basic concept of due process. You cannot do something in the courts if you do not let the other person know. The court is going to look to you to see what efforts you made to try and locate your spouse.   When you begin a…