Pinellas County Florida Criminal Lawyer Blog

Pawuk & Pawuk is pleased to welcome Scott Finelli to our practice.  Scott will concentrate his practice in the areas of family law and domestic violence. 

Mr.  Finelli comes to us after a long career as a history teacher.  A 1995 graduate of University of South Florida, he began his teaching career in Pasco County, teaching at both the middle and high school levels.  He was also the Assistant Football Coach at Bayonet Middle School. 

Mr. Finelli attended Florida Coastal School of Law where he was on the Dean's List.  He also spent two years clerking with a family law judge in Jacksonville, Florida.  Mr. Finelli brings to the firm a wide variety of life and learning experience and we look forward to working with him.  If you have a question about any family law matter, call us today.

The recent public break-up of Arnold Schwarzeneggar and Maria Shriver raised some interesting questions about what spouses are entitled to at the time of divorce. Media sources stated that under California law, because the celebrity couple had been married since 1986, Ms. Shriver would be entitled to half of the marital estate under California's "equitable distribution" principles.  Those same sources speculated that the former Terminator star's net worth to hover around $100 million.

Similar to the marital laws in California, Florida also has an equitable distribution scheme which provides that spouses are entitled to divvy up what they earned while married. Now, it's easy to confuse equitable with "equal," but that is not necessarily the case--"equitable" more closely means  "what is most fair". Often a husband or a wife who was primarily a homemaker during the marital relationship will feel as though they are not entitled to anything. WRONG!!! Courts view any kind of labor, even labor that primarily focused on maintaining the household, like childcare, doing the dishes, or paying the bills, as equal in value as going out and earning a living. Florida law also provides for spousal support and alimony.

If you are facing the possibility of divorce, it is important to educate yourself. If you are served with a divorce petition by your spouse, be aware that you have to file a response within a certain time frame. What often happens is the spouse who files the divorce tries to convince the other that they don't need a lawyer or that they just need to sign a piece of paper and the lawyer will take care of it. This is horrible advice. You likely are signing away your rights to significant amounts of money. Understand that the lawyer your soon-to-be former spouse is not looking out for your best interest, but your ex's. Don't let this happen! We would be more than happy to help guide you through the maze of divorce law and help you protect what is rightfully yours.

When people are getting a divorce there are so many heated emotions but none more so than money.

When I see a new client one of the first things we talk about is money.  How much they get or how much the former spouse can take away from them.  Then we talk about my fees.  Inevitably the question is - "can't the other side pay for it?"  Like all things legal, the answer is "it depends".

When you file for divorce or you answer a divorce petition, you can and should always ask for attorney fees.  You can ask for them in child support, child custody, and paternity cases too.  The only family law case where you will not be awarded attorney fees is in a domestic violence injunctions.

Whether or not you are actually awarded attorney fees and in what amount entirely depends on the other party's ability to pay, your circumstances, and the judge. 

If you have a question about attorney fees in family law cases, call us.  As of today - our initial consulations are free (which is subject to change).