What types of fees and costs are involved in divorce and family law cases?

Divorce and family law cases may involve attorney’s fees as well as additional costs such as court filing fees, mediation expenses, expert witnesses, and document preparation or discovery-related costs.

How are attorney’s fees typically charged in Florida family law cases?

Attorney’s fees in Florida family law cases are commonly charged on an hourly basis, though fee structures can vary depending on the complexity of the case and the services required.

Can the court order one spouse to pay the other’s attorney’s fees?

Yes. Florida courts may order one spouse to contribute to the other’s attorney’s fees and costs based on factors such as the parties’ relative financial resources and the circumstances of the case.

What factors do courts consider when awarding attorney’s fees?

Courts may consider each party’s financial need and ability to pay, the reasonableness of the fees, and whether either party unnecessarily increased litigation costs.

Are there ways to manage or reduce legal costs in family law matters?

Legal costs may be managed by narrowing disputed issues, using mediation or negotiation when appropriate, and maintaining organized financial records throughout the case.

FAQ about Prenuptial Agreements and Divorce Cases in Florida

Frequently Asked Questions about Prenuptial Agreements and Divorce Cases involving Spouses with a High Net Worth in Florida

When parties in a divorce have a substantial net worth, issues such as property division and alimony can be more complex. Sometimes it is necessary to engage experts to value difficult-to-value assets or determine the proper valuation of a business or professional practice. However, at the Law Offices of James S. Cunha, P.A., our attorneys focus on protecting clients’ assets and avoiding unnecessary costs and expenses to our clients’ marital estate through strategic planning and effective negotiation. While there are other prominent divorce attorneys in Florida that will charge an arm and a leg to represent you in a high asset divorce, you will receive high-quality legal representation and close personal attention at the Law Offices of James S. Cunha, P.A. at a reasonable rate.

Furthermore, confidentiality and privacy are a top priority at our law firm. As long as the elements of the petition are established and the parties agree on venue (location), a divorce can be obtained in any Florida judicial circuit. In other words, the divorce does not have to occur in the same judicial circuit in which you own property. Occasionally, clients or their spouses who are well-known within the community or celebrities would like to keep their divorce low-key. Oftentimes, the best way to achieve privacy (if both parties agree) is to have the divorce take place in a different Florida judicial circuit from where they currently reside or own property.

A high-net-worth marital dissolution is much like a complex or substantial business transaction. While sometimes tenacious advocacy and contentious litigation is unavoidable, skilled negotiation frequently results in a better outcome for parties to the dissolution of a marriage. Because of our extensive experience handling high new worth marital dissolutions, we often receive calls and emails asking us about the special issues in high asset divorces. We have provided some answers to frequently asked questions below:

My spouse agreed to a prenuptial agreement, so do I really need an attorney?

Yes. While a prenuptial agreement is enforceable in a Florida divorce, they are also vulnerable to attack on various grounds. A spouse typically enters into a prenuptial agreement when a relationship is on solid ground. However, when the relationship deteriorates, it is not uncommon for a spouse to get “buyer’s remorse.” If you were both represented by counsel when the prenuptial agreement was negotiated and drafted, then the chances are good that the court will enforce the prenuptial agreement. Because the attorneys at our firm have negotiated and drafted many prenuptial agreements, we can anticipate potential issues and aggressively advocate for the enforcement of a prenuptial agreement. If you are the party seeking to avoid the terms of a prenuptial agreement, Mr. Cunha can evaluate the terms of the agreement and surrounding circumstances so that he can provide a realistic evaluation of your chances that a court will not enforce certain terms of the prenuptial agreement.

Is there really much to gain by having a prenuptial agreement executed?

Parties contemplating marriage should think of a prenuptial agreement as a “marital partnership agreement.” The prenuptial agreement will delineate the contributions of each party to the marriage and provide for an orderly, mutually agreeable resolution in the event the marriage should dissolve. A prenuptial agreement can avoid unnecessary litigation and, therefore, substantially reduce costs and expenses in the event that the parties someday choose to divorce.

Will I have to share management and control of my business or professional practice with my spouse?

Generally, the party that runs a business or professional practice during a marriage will continue to do so during the divorce and after a divorce judgment. However, the business or professional practice may have substantial value, so it must be part of the valuation process of marital assets. Typically, the spouse who has operated the business or professional practice will buy out the other spouse’s interest in the business or professional practice. Sometimes, a court will appoint a receiver to manage the business if it is shown that the party managing the business during the divorce is engaged in conduct that is damaging the value of the business.

How will the value of my business or professional practice be determined?

Many times, we use experts like forensic accountants, business valuation experts, and other experts to conduct a formal business valuation.

Occasionally, both parties may agree on the value of the business, especially if there has been substantial involvement in the business by both spouses. On the other hand, where one spouse has exercised primary management and control of the business, it may be necessary to do extensive discovery of business documents and financial records and/or employ the services of experts. This is particularly true if you believe that your spouse has been hiding assets or diverting marital income from the business or professional practice.

Will my spouse have a claim against my real estate, retirement plan, 401K and other assets owned prior to the marriage?

This primarily depends on whether these assets were “entirely” owned prior to marriage. Many assets, like real property and 401 (k) plans, will receive contributions during the marriage. If marital funds or assets are used to maintain or improve assets acquired prior to marriage, those assets will acquire a “mixed characterization” with both a separate and a marital property component. The marital property part of the asset will be comprised of any contributions from earnings or other assets acquired during the marriage, as well as the appreciation in value resulting from such contributions.

Conclusion

While this information may provide a few answers to some of your basic questions, a Florida divorce case involves much more. If you have any additional questions, schedule an appointment with our office.