Frequently asked Questions

Q. Do I have to prove a reason such as adultery or irreconcilable differences for the court to grant a divorce?

A. NO, Florida is a no fault divorce state. If one spouse desires to get divorced, it will happen. Most of the litigation is related to the issues of property or children.

Q. Can I get a divorce even if my spouse will not agree or sign anything?

A. YES, contrary to what most people think, an agreement or signature is not required to get divorced. Although most cases usually are settled in the end, often they are contested at the beginning.

Q. The child support is always late and sometimes not in the proper amount, what can be done?

A. Child support can be removed directly from the payor's salary and paid to a child support depository to keep track of the payment. Since child support payments are by court order, failure to pay is punishable by contempt of court, which could lead to monetary fines and jail if the monies are not paid.

Q.Can I refuse child support if my spouse does not want visitation or refuse visitation if I am not getting my child support?

A. NO, child support is thew right of the child and a parent connot waive it. Child support and visitation are not interchangeable, and visitation cannot be denied because support is not paid. There are other ways to enforce these rights seperately.

Q. I am being sued for damages as a result of a car accident, but I have no auto insurance, what is my exposure?

A. You must defend yourself as if you did have insurance, but you need to hire your own attorney. Failure to properly defend could result in the loss of your driver's license as well as a judgement being entered against you that can be collected by attachment of property or garnishment of wages.

Q.I am behind on the mortgage and facing foreclosure, will I lose my house?

A. Hopefully not. Although there is really no defense to a foreclosure action other than "payment", there are methods of prolonging the process so some arrangement with the mortgage company can be worked out of the home owner can file for bankrupcy protection.

Contact Jose L. Lago, P.A.