DIVORCE
Q. I just moved to Florida and want to divorce my husband. What do you suggest I do?
A. Move back to the state from which you came. Florida has a six month residence requirement before you can even file for a divorce. If you can wait six months, the divorce procedure is fairly simple, if your marriage is irretrievably broken.
Q. I just left my husband. We are not desirous of a court battle over our property. Can a settlement be made to avoid a court battle?
A. Yes. A property and separation agreement can be written if both parties agree and if husband and wife can concur on property distribution, alimony, child support, custody and visitation rights. Such agreements should be reviewed by attorneys representing each party, as the attorney drafting the agreement can only represent one party. All signatures on the document should be notarized.
Q. I recently moved to Florida and need advice regarding divorce. My wife and I own extensive properties in Virginia. My wife is very much against the divorce and refuses to sign any agreements. Will Florida courts divide the property in Virginia if one party still lives in Virginia?
A. No. The Florida courts will grant a divorce if one party has lived in Florida for six months, but will not generally make property settlement agreements on out-of-state property under the above circumstances.
Q. What does a divorce cost?
A. I presume your question refers to court costs, filing fees, and attorney fees. In Pinellas County, the present filing fee is $408.00 and the service of a summons fee is $40.00 by the sheriff or $40.00 to $60.00 by the special process server. Keep in mind that fees differ from county to county and are subject to change, so you should contact your local courthouse to determine present costs.The attorney fees vary upon several factors.
GUARDIANSHIP
Q. How can a durable power of attorney be used?
A. There is a very good chance that you will have need of a durable power of attorney (DPOA) before you have need of your will. Some statistics state that fifty percent of Americans will become physically or mentally incapacitated before they die.
A durable power of attorney can be used for the following purposes:
1. Avoiding Guardianship: A DPOA can be used to avoid the necessity of a court-appointed guardian. If you have given someone the power to act in your behalf, you have taken away the number one reason people are declared incompetent. If you are unable to sign documents on your own behalf, e.g. checks, medical forms, etc., someone usually has to be appointed to do so; a DPOA gives the individual whom you have selected the power to do that without court involvement.
2. Paying Bills: A DPOA gives your agent the power to sign checks, pay bills, and generally manage your financial affairs. If you become unable to do these things and you have not executed the DPOA, you could easily find yourself in a guardianship position. A DPOA could help prevent this situation.
3. Health Decisions: A DPOA can give powers broad enough to permit your agent to have access to medical records, to disclose those records to others, to employ and discharge physicians and to approve or disapprove treatment and/or procedures. The right to make these decisions should only be given to anyone whose decision-making is very similar to your own.
4. Tax Returns: Even if you are disabled, the Internal Revenue Service expects to be paid. A DPOA can give your agent the power to handle all tax matters including filing tax returns. If you are incapacitated, it is important that you have selected someone to handle disputes with the IRS.
5. Lawsuits: What happens if you are sued or are in the process of suing someone and you become disabled? A DPOA can give your agent the power to settle matters, defend claims and grant releases. The power can also be given to employ or discharge counsel.
6. Continuation of Business Interests: A person who has significant business interests of any type should strongly consider the consequences of her/her disability. A DPOA is one way to give your agent the power to continue the business, to handle bank matters including loans, and, in general, to follow the business plan for the company.