Divorce Attorney Orlando FL - An Interview with Wendy Aikin
Q. Tell us about yourself and your practice
A. I am a 30-year practitioner having devoted the majority of my practice to family law. I was previously board certified in civil trial law for 15 years and in the last 15 years have devoted myself exclusively to the practice of family law. I also have a mediation practice and am the current president of the Collaborative Family Law Group of Central Florida.
We are a law firm of five attorneys, all of whom practice exclusively in the area of family law and are collaboratively trained. Our attorneys are experienced and prepared to help clients in all aspects of family law matters. You can visit our website at AikinLaw.com for additional information about the firm, our attorneys and the collaborative law process.
Q. How long do you take to process a divorce?
A .The length of a divorce can vary widely based on the issues presented and the parties themselves. In our practice it is common to see cases that last between three to nine months, depending on the assets, complexities and personalities of the parties A particularly contentious case can last two years or more and cost tens of thousands of dollars.
Q. Do you offer a free initial consultation?
A. We recognize that everyone who walks through our door is in crisis and hurting, so we give each individual all the time they need to share their situation and to ask questions. We offer advice about the law and the process. When clients leave here, they understand how the law applies to their situation. We make sure their questions have been answered and that they understand their options. Depending on the level of experience of the attorney with whom the client meets, we charge between $400 and $600 for a consultation which typically lasts an hour to an hour and a half.
Q. What are your payment options?
A. We accept cash checks and credit cards. We set an upfront retainer generally not less than $5000 and we have a file service fee of $200 in lieu of charging clients each month for faxes, copies and postage Our attorneys bill at an hourly rate and the charge for that attorney's time is deducted each month from the client's retainer.
Q. What should be done to go ahead with a divorce?
A. You should have an idea of what you own and what you owe, so that the attorney can present various options and explain the process involved. You should certainly talk with an attorney regarding your rights and responsibilities as they relate to the intricacies of your case, especially if children and property are involved. Talking with an attorney, however, is only one step involved in a divorce. You should have a support system in place. You will need people you can talk to during the process, as you will experience a range of emotions before your divorce is final.
Q. What is the collaborative process?
A. The collaborative process is a client-centered alternative dispute resolution method, in family law matters. The parties along with the help of a designated professional team which includes a neutral mental health professional and a neutral financial professional work together, to resolve all aspects of their family law matter. As part of the process both parties sign an agreement which states that, if the case goes to litigation the collaborative professionals must withdraw. This requirement provides both parties with the incentive to fully embrace the collaborative process and avoid the need for court intervention. Using this team approach, couples can create a customized settlement that is more private and expedient, benefits both parties, best fits the family circumstances and withstands the test of time because both parties are invested in the outcome.
Q. In the event one party does not decide to proceed ahead with a divorce, what can be done?
A . It is very common for the parties to be at different emotional stages when the process first begins. In Florida a couple can divorce, if only one party wants the dissolution. If one spouse does not want the divorce he or she can request that the court require a 90-day waiting period during which the parties attend counseling. However, such a request is generally only granted by the judge, if both parties state that counseling may lead to a reconciliation.
Q.How does a pre-nuptial agreement affect a divorce?
A. A typical pre-nuptial agreement is signed by the parties prior to marriage and details various issues, including distribution of property and alimony. Depending on the language and issues covered a pre-nuptial agreement can seriously limit the remedies available to a party upon divorce.
Q.What are the grounds for divorce?
A. The State of Florida is commonly referred to as a "no-fault” state, which means that neither party has to prove that the other is at fault for the divorce. A party merely needs to show that the marriage is irretrievably broken. Althoughthe parties may not agree on whether the marriage is "irretrievably broken” where there is an indication that one party is no longer interested in working to repair the marriage, a court is likely to permit a divorce
