Orlando Divorce Lawyers - An Interview with William B. Barnett
Q. Tell us about yourself and your practice.
A. I am 66 years old and have been practicing marital and family law for over 40 years. I am in partnership with Bert W.Barclay, my partner of 23 years. Our firm has the highest rating from Martindale Hubbell law directory,"AV."We are also featured in the Bar Book of Pre-eminent Counsel as being outstanding in the field of domestic relations law. By an anonymous vote of lawyers in 2007, I was recognized by the Orlando Business Journal as the top voted recipient by other lawyers in the field of family law. I have had the help of the same wonderful secretary for 23 years, Darlene Kelly. All my clients love her.
When you hire us all of your troubles become ours. We return every call every day and our answering service will get us at night, if you need us.
I have been very happily married for 35 years to the former Noel Maxwell of Orlando; a fantastic Wife, Mom. and Grandma .We have four daughters and one son, all grown.We have 5 grandchildren who live in Orlando .We live in College Park and Worship at Grace Fellowship .
I primarily handle complex dissolution of marriage cases especially those involving significant income and assets. I also do a substantial number of child custody cases and relocation cases each year. I have both written and lectured on the subject of child custody.
Our firm, however, handles mid sized cases as well as large cases and every case is treated with full attention regardless the size of the case.
Q. Do you offer free initial consultations?
A. No, we do not. Our consultation rates are $400.00 per hour for Bill Barnett and $300 for Bert Barclay.
Q. I have engaged your services, what happens next?
A. You will be given certain tasks to accomplish, including preparing your Financial Affidavit and producing certain basic documents required under Florida law in each divorce case. We usually will contact your spouse with what we call a "retention letter" explaining that you have retained us and that we would like your spouse to take our letter to the lawyer of his choice and have them contact us. Your spouse does not have to be represented and if he chooses to represent himself, we will then deal directly with them. After all financial information is received and analyzed there will usually be the taking of a deposition of your spouse and other witnesses. If child custody is involved we will normally hire foryou an expert, usually a psychologist, to conduct a study regarding custody and visitation. Usually, we will be able to stipulate to an expert with the other side but if not the Judge will decide who will be the expert.
After all information is gathered we shall attempt to settle the case, by exchanging letters with settlement offers or perhaps by having a meeting with you me, and your husband and his attorney, but it is much more likely that we would have a mediation. A mediator is someone who is skilled at settling cases but who has no power other than that. He is not a substitute for a Judge. If the case cannot be settled, then we prepare and attend trial. If you are the victim of abuse you and your husband will be in separate rooms during mediation and the Lawyers and Mediators will shuttle back and forth exchanging settlement proposals.
Q. How do I engage your services?
A. After our initial consultation we will quote our fees to you. Fees vary depending upon the complexity of the case and the type of case that it is. We will then draw up a contract for you to read over and sign laying out our financial agreements. You will then pay us a retainer.
Q. What is a fault based divorce?
A. Florida is a "no fault" divorce state. The Court does not consider who is at fault, in whether or not to grant a divorce and whether or not to penalize one financially or to enhance the other financially. The Court could consider things that seem like fault in its decision. The Court can for instance find that a party committed marital waste for instance by spending money on a lover and the Court can count that against their financial recovery. Bad behavior may also be considered in child custody in some cases.
Q. How does one begin the divorce process?
A. After our meeting if you want to proceed we will either send a retention letter as set out above or file a Petition for Dissolution of Marriage serving the other party.
Q. Is a 50/50 split the usual financial settlement?
A. Yes. However getting to what is 50/50 can be an interesting process particularly when there are assets that have to be valued such as a business. Then a lot of work is put into deciding what the value of that business might be or for instance what the value of unvested stock options might be. However, at the end of the day 50/50 is normal. There are some exceptions where the Court can consider whether or not there is justification for an unequal distribution of the marital assets.
Q. Can either party prevent the entry of a divorce decree?
A. I am afraid that is not possible. The Court does have the power to delay the case and order people to counseling but that is rarely done when it is objected to by the other party.
Q. What happens if no negotiation is reached?
A. If no negotiated settlement is reached then we prepare for trial and file a Motion asking the Court to set the case for trial.
