Q. Tell us about yourself and your practice.
A. I am a three-time graduate of the University of Florida. I hold a Bachelor’s of Science in International Economics, a Master’s in International Business and a Juris Doctorate. I was able to complete these three degrees in just six years. While I was in law school I worked for Kaplan Test Preparation teaching preparatory classes to students for the PSAT, SAT, GMAT, GRE and LSAT.
I’ve worked for two large firms in the Orlando area after graduation. I met my now partner, Michael Gibson in December of 2008. After months of preparation we opened our firm Gibson/Simon in April of 2009. We are located in the historic Angebilt Building in the heart of downtown, Orlando.
My practice now is almost exclusively devoted to family law. I represent individuals in dissolution proceedings, paternity actions, modifications and enforcements. While I am a strong advocate of collaborating with the other party to amicably resolve your case, I will never allow one of my clients to settle their case just for the sake of settling. I enjoy the opportunity to take your case “all the way” to trial, if that is what it takes to fully protect your interests.
Q. How long do you take to process a divorce?
A. Usually a potential client can come in for an initial consultation within a day or two, after first contacting my office.There is “ homework” which the client must do prior to filing for divorce. Once I receive this information from the client typically the client’s full package of paperwork is ready a day later for the client to sign. Once the client signs it goes out the same day to be filed and served on the opposing party. If the client is quick in returning the documents, I need I can usually have a divorce filed and sent out for service within 48 hours.
Service of process usually takes three business days. Once the other party is served they have 20 days to file an Answer to the Petition for Dissolution.
Q. Do you provide a free consultation?
A. Absolutely. Consultations can be done either over the phone or in person. However, I prefer to meet my clients personally during the initial consultation.
Q. What is your billing and payment procedure?
A. Typically, we charge an up-front retainer which acts as a declining balance, as I spend time on your case. This retainer varies based upon the type of case a potential client has. Once the retainer is exhausted the client is transitioned to a monthly invoice payment cycle. A client will receive an invoice for the previous month usually in the first week of the subsequent month.
Q. How does one begin the divorce process?
A. The first step in the divorce process is to file a “ Petition for Dissolution” in which you are asking the Court to dissolve your marriage, distribute any assets and liabilities and enter a Time-Sharing and child support order, if you have children with your former spouse.
Depending on your case you will probably have to file a “ Financial Affidavit,” a “ Notice of Social Security Number,” a “ UCCJEA Affidavit” and comply with “ Mandatory Disclosure.” .
Once you and your spouse have filed the necessary documents your case will be set for “ Mediation.” . Mediation is a process during which you, your lawyer, your spouse, your spouse’s lawyer and a neutral mediator will come together to attempt to resolve some or all of the issues in your case. If you can resolve your case at mediation, you will simply have to present your mediated settlement agreement to the judge for Court approval. If the Court approves your agreement, the Court will enter a Final Judgment dissolving the marriage.
If your case cannot be resolved at mediation your case will be set for trial in front of your presiding judge.
Q. What is an uncontested divorce?
A. An “ Uncontested Divorce” simply means that both parties agree that the marriage is “ irretrievably broken” and agree to a Final Judgment dissolving the marriage.
Q. What is a marital settlement agreement in a divorce?
A. A “ Marital Settlement Agreement” is a document which you and your spouse sign which outlines the terms to which you have agreed to resolve your case. An “ MSA” should address distribution of the parties’ assets and liabilities, time sharing and child support (if necessary).. If the parties enter into an MSA as explained above the Court must approve the MSA and enter a Final Judgment dissolving the marriage.
Q. Can a spouse successfully prevent a court from granting a divorce?
A. A spouse can delay a Court from granting a divorce, if the spouse alleges and convinces the Court that the marriage is not irretrievably broken. Typically, the Court will order a “ cooling-off period” so that the parties may attempt to resolve their differences. If the parties are unable to resolve their differences, the divorce proceeding will continue as normal after the cooling-off period expires.
Q. Must fault be proven to obtain a divorce?
A. No. Florida is a “ no-fault” divorce state. You should be aware, however, that infidelity is considered when awarding (or not awarding) alimony. |
