FREQUENTLY ASKED QUESTIONS & CONCERNS
Financial Concerns
Brad Fisher has practiced exclusively divorce and family law since 2005. In addition to this, Mr. Fisher has an extensive background in banking and finance. Due to his wealth of knowledge in these areas, he is able to better understand the intricacies involved in financial matters. Mr. Fisher is excellent at conducting detailed review of financial documents in an effort to thoroughly search for evidence of assets/funds that the opposing party has attempted to hide from his client. Further, he thoroughly understands the complexities of calculating child support, alimony, property division, percentages of retirement/investments, etc. Financial knowledge is extremely important to your case whether you are the party seeking financial support, or the party support is being sought from. An understanding of reasonable expenses, tax calculations, payroll cycles, bonus structures, retirement plans and related accounts are necessary in order to properly calculate the amount of support the Court should order. Without a Pensacola, Florida family lawyer that understands these issues, you could very possibly receive less support than you are entitled to, or be required to pay more than the opposing party deserves. Many people do not realize that in addition to monetary (check in hand) support, support can be ordered in the form of payment of bills, house payments, car payments, etc. Should you be facing an issue when you may need or be ordered to pay support, please contact our Pensacola, Florida family lawyer, Brad Fisher, to discuss your plan of action for obtaining the result you desire.
Custody/Time-sharing Concerns
With regard to custody issues, it is vital that you obtain a Pensacola, Florida family lawyer that realizes there is nothing more important than the best interests of your child. You need an attorney that will “shoot straight” with you and tell you the law, and the best way to lay out your case for the desired result. Brad Fisher will always be honest with you, even if it means telling you something you may not wish to hear. We believe it important to always be honest and forthright, so that there are no surprises and we can work together toward making sure your children are best protected from the stress of litigation. Although each Judge has discretion to consider factors independently, the law is clear and we will make sure you are informed of the law and have a clear understanding of the important factors the Court considers when awarding custody/majority time-sharing to one parent or the other.
Mediation/Settlement
While it is important to have a Pensacola, Florida family lawyer that is not afraid to take your case to Trial if necessary, it is also important that you have counsel that can help you think about the desired outcome in a way that may help you to reach a settlement with the opposing party. Of course, there are times when the opposing party is so irrational that this is not a possibility, but it is often in the best interests of both parties and the children involved, if any, to consider what issues may not be contested, so that the litigation can be narrowed. This saves time and effort in addition to saving attorney’s fees and costs. The Court very often will order a family law case to mediation prior to granting a request for a Trial, so you will want an effective negotiator on your side. Mr. Fisher has extensive experience in preparing settlement agreements, offering ideas for settlement and is highly effective in the mediation setting. Mr. Fisher will never encourage you to sign an agreement that you are not pleased with, but will also be honest with you about your chances of obtaining the results you desire at Trial. We have found that our clients very much appreciate Mr. Fisher’s honest advice when they are making tough decisions for their future and their family’s future.
Trial & Preparation of your case
In addition to the above issues, hiring a Pensacola, Florida family lawyer that understands how to properly prepare your case for trial and takes the time to conduct discovery is crucial. You may have a solid case, but if you do not have an attorney that understands the Rules of Procedure and Rules of Evidence, in addition to a keen knowledge of the Florida Statutes, much of your argument may not be admissible in Court. There is a common misconception that you may be able to just go in and tell the Judge about what is happening in your case. Although, in day to day life this is a reasonable assumption; in Florida, the Court has certain rules of procedure it must abide by. Do not make the mistake of believing that everything you know or that someone told you may be admissible at Trial. It may be admissible- but only if it is presented properly. In addition to testimony, you will want to present concrete evidence to prove to the Court that your beliefs regarding the custodial issues and financial issues are true and should be considered when the Court is making its ruling. As with testimony, there are many documents that cannot be presented in Court unless certain rules are followed in advance. Hiring a Pensacola, Florida family lawyer with the knowledge to prepare, present and defend your case is the most vital choice you will make when faced with a family law issue.
Attorney/Staff/Client relationships
Finally, staff is important. Our staff is not only friendly and helpful; importantly, they are knowledgeable. All clients are welcome to contact the office at anytime and discuss their case. We will make every effort to address any concerns you may have and to answer questions that are bound to arise during the process. We are experienced, and although you may feel alone in your situation, chances are we have handled a similar dilemma in the past. We are not here to judge you, but to understand and help you through this time. This is important as it can be very uncomfortable should your legal team not understand, or treat you as if they do not have time for you. We encourage you to contact our office. We will treat you with courtesy, respect, and will timely return your calls. For more on this, please see our professional responsibility section.
What can I expect from the firm?
The Law Firm of Brad G. Fisher, P.A. understands that looking for a Pensacola, Florida family law or divorce attorney can be stressful and especially difficult when you are dealing with unexpected problems. We work with our clients to ensure they receive the best advice through personalized consultations. The staff are kind and understanding. Those employed at the firm are professional, smart and dedicated. You will be treated with respect when you contact our office.
What can I expect during the initial consultation?
During the initial consultation, which is without charge, we will discuss issues you may be dealing with and the best course of action. The consultation usually lasts between 20-30 minutes. The attorney, Mr. Fisher, will ask you questions which will help decide what your rights are under the current laws of Florida. Mr. Fisher will address your questions and inform you of what to expect and we'll walk you through how the proceeding will begin. During this time we will discuss the fees and costs involved in retaining an attorney and filing of a case. This family law firm offers an initial consultation at no charge so that Mr. Fisher can meet with you and together you can decide the best course of action. We believe that it is important to meet with an attorney and decide if they are a good fit for you before you have to pay for services.
Do you really need to know that about me?
It is important to remember that, as an attorney dealing with family law matters, the office will become privy to many intimate details of your life. Some of these details you may be proud of (education, work accomplishments, children, church involvement) and some you may not (affairs, drug use, chemical dependency, acting out negatively, etc). Clients very often hesitate to tell me about themselves because they fear I will not want to help them, or I may not believe that they’ve are worthy of the relief they seek from the Court. We understand. We absolutely do not judge anyone based upon any activity or previous life history. This is not our job, nor our right, and we do not waste time doing this. I take the time to advise you of this because it is a very common concern. I must know everything about you, that is relative to your case. Especially in cases involving custody of children, the stakes are high. It is crucial that you be forthright and honest with me, during your initial consultation, and in all of our communications throughout your case. I assure you that I will not judge you and will use the information you’ve provided to me in order to properly strategize for your case, and to counsel you on how to best move forward.
Is it the right time to file my divorce case?
After we meet and review all of the facts surrounding your case, we’ll decide together if it is the most advantageous time to file your case. I’ll be able to offer the input from the legal perspective, and you can advise me from the perspective of what is best for your family. If you feel that you are ready to file, if you’d like time to think about it or if you’d prefer to wait, we are more than willing to work around your needs and those of your family. We never encourage the filing of a divorce. We believe the filing to end a marriage, particularly involving children, should be the last resort. However, when it is time that the proceeding begin, it is paramount that you retain counsel that understands the value of marriage, and the resulting emotional impact a divorce can have upon a family. For this reason, we will work tirelessly to protect your interests and the interests of your children. We believe it our responsibility to assist you in obtaining the best result, so that you may move forward with your life comfortably, and proud of the manner in which you conducted yourself during your divorce.
Is it a good time to file to have my time-sharing rights established with my child?
Unlike divorce cases, if you are interested in filing to establish time-sharing, for a child born outside of wed-lock, we believe the time is now! We look forward to assisting our clients in establishing their time-sharing, begin the bond of Fatherhood with their child, and establish a schedule which is in the best interests of the child. It is never best to wait in these situations. In fact, even if the Father and Mother are on good terms, we encourage you to establish a parenting plan which details your responsibilities to one another and the child. When the parents have a written established plan, it can ease tensions if there are disagreements, and can help keep minor disagreements from becoming irreparable differences which result in one parent isolating the child from the other.
Will I receive alimony/Will I have to pay alimony?
This is very individual to each marriage. Alimony is a possibility on a short term basis, during the divorce proceeding, even for very short marriages. Alimony payments are not only for the wealthy, and can be ordered in amounts as low as $100.00 a month, or as high $10,000.00 a month. This issue is based entirely upon your individual case. There are not set limits on the amount that can be ordered. There are many different forms of alimony, and some or all may not apply. If you are being asked to pay alimony, but cannot afford to do so, our goal is to demonstrate that you do not have the ability to pay, due to financial obligations or lack of income; and that the other party does not have the need for the payment of alimony. If you are requesting alimony, we need to demonstrate both your need for the alimony as well as the other party’s ability to pay the alimony to you. To prove your case in Court it is important to accurately complete your financial disclosures, turn in your paperwork timely, and comply with all discovery requests directed to you.