For those of you who may be considering bankruptcy, here is a word of caution if you also may be involved in a divorce. First let me qualify my remarks and state that while I am a Florida Bar Board Certified Divorce lawyer in Jacksonville, Florida; I do not practice bankruptcy law. Unlike some other lawyers who dabble a little in each area of law, I focus exclusively on divorce and family law. Sometimes the two areas of law meet and that is when your lawyer needs to be prepared. You should consult with a bankruptcy expert, preferably a board certified bankruptcy lawyer here in Jacksonville about the specifics of your bankruptcy. Sometimes people think that if things do not go well for them in a divorce, they will "just file bankruptcy". You should be aware that recent changes to the United States Bankruptcy Code have made it very difficult, if not impossible, to discharge any debts or obligations contained in your divorce judgment. You can read the exceptions to discharge in the Bankruptcy Code here.

Before the change to the Code, usually only support debts were non-dischargeable by the Bankruptcy Court. That means that you still had to pay them, even if you went bankrupt. Support debts usually meant alimony, child support, and sometimes attorney fees. While somewhat complicated for the lay person to understand (many divorce lawyers do not know this either), if you agree to pay something in a divorce, a bankruptcy judge can deny your bankruptcy with regard to the debt to your spouse, a joint debt with your spouse, or even a debt just in your name. How is that fair? Let me explain to you what used to happen. Wife agrees that Husband does not have to pay alimony because he is going to pay the large amount of credit card debt of the parties that is on Husband's credit cards. Parties get divorced, Wife gets no alimony, and then Husband goes bankrupt and so does not pay alimony or the credit cards he said he was going to pay. Husband emerges from the divorce a winner and Wife waived something that she should not have waived. In another example, Husband accepts an offer to pay alimony because he is going to bankrupt the marital home and his credit cards so he can pay the Wife her money. If the divorce judgment is not worded properly, Husband ends up paying alimony and stuck with all the debt that the bankruptcy judge will not let him out of because he agreed in his divorce to pay it.

The moral of this story is that you at least should consult with a Florida Bar Board Certified Divorce lawyer before reaching an agreement or finalizing your divorce. I am here to help and offer a free consultation. If you try to do your divorce on your own or hire a "rookie" lawyer, you are going to end up like the person in my second example: "up the creek without a paddle". My office will work with you to understand your goals and explain to you your options. My office also will craft carefully your final divorce papers so that if you contemplate filing a bankruptcy after divorce, your judgment will give you flexibility with the Bankruptcy Court.

The old joke about divorce is true from what I hear from my clients.  First Spouse:  "I am very wealthy and will get you whatever you want".  Other Spouse:  "I want a divorce".  First Spouse:  "I can't afford that".  I hear that from my clients because I too am amazed what some divorce lawyers are charging people.  What really amazes me is that people are paying it!  While I charge a respectable hourly rate based upon my credentials as one of the few Florida Bar Board Certified divorce lawyers in Jacksonville, I never forgot that I grew up in a home where people worked hard blue-collar jobs to put food on the table.  I charge what I consider to be fair for my time and have been criticized by other lawyers for not charging "enough" for my skill and expertise.  I consider some of my compensation to come from the satisfaction of helping people and their children through a difficult time in their lives.  Money is not everything.  At least not to me.

A divorce lawyer will start your case by asking you for a certain amount of money called a "retainer".  Divorce retainers are paid up front, usually are non-refundable, and represent a minimum fee that the Jacksonville divorce lawyer will charge to start a case.  Costs such as filing fees, process servers, court reporters, mediator fees, etc. are not included in the divorce attorney's retainer.  Here is the Clerk of Court fee schedule for Duval County, Florida divorce cases here.  Your divorce lawyer cannot give you a good estimate of how long your divorce case will take or how much it will cost without talking to you.  I would like to be able to tell you, "A divorce costs this much".  It is sort of like your doctor having to see you before they give you a prescription.  Every case is different, especially military cases, and requires special care to make sure we are giving you the right information.  If you cannot come into the office, we can speak over the phone or by email and I could give you an estimate at that time.

You should choose the board certified divorce lawyer who is right for you.  There is no one attorney who is right for every case.  Talk to a few attorneys.  Whether it is me or someone else, you should at least talk to a board certified divorce lawyer.  Here is the link to the Florida Bar's board certified divorce lawyers for Jacksonville.  I provide it because I am not afraid of competition, I consider them all to be good attorneys, and if I cannot help you, one of them should.  The lawyer with the "big name" or who charges the most money is not always the right choice nor is the lawyer who tells you what you want to hear (or not hear).  Your lawyer should work hard for you, be honest with you, and work hard to keep costs down.  Call or email my office for a free consultation to see if we would be a good fit to help you with your divorce case.