Pensacola Defense Lawyer

Florida Uncontested and Contested Divorces

2011-04-26T04:07:00.000-07:00

There are four main types of divorce in the State of Florida – simplified, uncontested, default and contested. These types of divorce can further be broken down from “slightly easier” and progress to “more difficult”. This is because NO divorce is easy whether it is contested or uncontested. Emotions run high and there can be a lot at stake.

Rather than the term “divorce”, in the State of Florida it is referred as “dissolution of marriage.” Additionally, Florida is a no fault divorce state. There are two requirements that must be satisfied to get a divorce in Florida: 1) the marriage must be declared by one of the partners to be irretrievably broken or one party is mentally incapacitated; or 2) at least one of the parties involved in the divorce must have lived in the state for at least six months before filing a Petition for Dissolution of Marriage. If you would like to learn more about the Florida grounds for divorce, visit the Florida state statutes located at: http://www.flsenate.gov.

A divorce begins once either spouse files a divorce petition with the court. Once the petition is filed in the circuit court, there is a waiting period of 20 days before the Florida court will take action to allow time for the other party to respond.

For a simplified dissolution of marriage to take place, the couple must meet 10 requirements. These include:

1) One or both spouses must be a resident of Florida for at least six months.

2) Both must agree to cooperate and sign all necessary documents.

3) Neither spouse may have minor or dependent children.

4) The wife is not pregnant.

5) Both spouses have agreed on the division of assets and liabilities.

6) Neither spouse wants alimony.

7) Both spouses agree to give up the right of a trial or an appeal.

8) Both spouses agree that they do not need to provide each other with any financial information other than that which is included in the Family Law Financial Affidavit.

9) Both appear at the court clerk’s office to sign the Petition requesting the dissolution.

10) Both spouses attend a short court hearing.

As the name implies, it is “simple” – and can take as few as three weeks from beginning to end!

In a noncontested or uncontested Florida divorce, both spouses want a divorce, are in agreement about the issues leading to divorce, agree upon the distribution of assets and liabilities, agree about alimony (how much and for how long) and agree about child custody, visitation and child support. An uncontested divorce is typically quicker, easier and less costly. What is known as a “do-it-yourself divorce” may be possible in an uncontested divorce if you have a meticulous attention to detail and are efficient at filling out and filing forms. I have even seen some cases where both spouses share a divorce attorney in an uncontested divorce.

A divorce by default, in the State of Florida, is a form of uncontested divorce in which one spouse never responds to the filing spouse’s complaint. This may happen if a spouse is on active duty in the military or cannot be located after a “diligent” search.

A contested Florida divorce is one in which both parties cannot agree, either about getting divorced or about the terms of the divorce. This is where things start getting messy and you should definitely seek the legal representaion of a Florida divorce attorney. The complexities of a contested divorce are vast and if the legal field is not your “day job”, you can be easily overwhelmed. In addition, the stakes are too high when it comes to the potential financial and emotional repercussions.

Sometimes parties may start to pursue a contested divorce but then reach what is known as a “settlement”, thus foregoing a trial. The opposite can hold true as well – spouses can begin an uncontested dissolution of marriage and then discover they cannot agree.

A contested divorce may or may not end in a divorce trial, depending upon whether or not the spouses can agree on a fair settlement. A trial is a last resort for judges, lawyers and spouses.

The path from separation to divorce is not linear, no matter what type of Florida divorce you choose. The results of a Forida divorce can be long lasting, potentially up to the death of your ex-spouse. Because the consequences are so high, a “do it yourself” divorce could be you undoing!

The Pensacola Divorce Lawyer Florida of the Law Offices of James M. Burns are focused on legal matters including criminal law, personal injury, DUI and domestic violence.Contact Divorce Attorneys Pensacola Fl to discuss your case.

Florida Personal Injury Law

2011-04-24T02:24:00.000-07:00

If you have been injured in an automobile, motorcycle, or truck accident in Pensacola, Florida, the laws can be somewhat confusing and the personal injury choices you make initially can dramatically affect your options later. Therefore, it is important that you get good information about your Florida personal injury options upfront to protect your rights.

In Florida (and eight other states), there is a “no fault” or “personal injury protection (PIP)” law. Every driver must purchase PIP insurance -- a minimum $of 10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). If you live in Florida for even 90 days a year, you must carry PIP and PDL.

What this means is that Florida does not care who is at “fault” in an automobile accident for medical bills up to $10,000. If you are the one injured in the auto accident, and are not at fault, you still submit your medical bills to your own auto insurance company. They will pay 80% of your medical bills up to $10,000.

What about lost wages? Your PIP insurance will pay up to 60% of your lost wages, as long as you have a document from your doctor showing your disability and a document from your employer verifying your lost wages. The remaining 40% should be paid by the at-fault driver’s insurance company.

Theoretically, the at-fault driver’s insurance policy should also pay the damage to your vehicle. However, if the at-fault driver has no insurance, your own collision coverage will have to cover the repairs to your car.

To help curtail the mega million dollar lawsuits in personal injury cases, Florida classifies injuries as one of two types: economic or non-economic. Economic wages are covered by PIP. In the state of Florida, you are not allowed to claim non-economic damages (e.g. pain, suffering, mental anguish, etc) unless your doctor declares you have sustained a “permanent injury.” If your automobile injury is not “permanent”, you cannot be compensated for pain and suffering unless the at-fault driver has “Bodily Injury” insurance, which is not required by Florida law. If the at-fault driver has no Bodily Injury insurance, your only recourse according to Florida personal injury law is to sue.

Therefore, if you are in an automobile accident, your first place to turn according to Florida’s no fault auto insurance laws is to claim your no-fault benefits. Once those have been exhausted, you can file a personal injury or wrongful death claim.

If Florida was indeed a pure “no fault” state, drivers would be completely covered by their own auto insurance company and there would be no cause to sue another driver for damages. However, Florida nor any other state uses a pure no fault system.

Although the Florida “no fault” law was enacted to cut down on the litigation between drivers, suing for auto injuries in Florida is not uncommon, particularly depending on the severity of your medical injuries. As with many kinds of laws, Florida’s personal injury laws have gray areas that can best be addressed with a personal injury lawyer.

The Pensacola Fl Personal Injury Lawyer of the Law Offices of James M. Burns are focused on legal matters including criminal law, personal injury, DUI and domestic violence. Contact Pensacola Florida Personal Injury Attorneys to discuss your case.

Florida Criminal Lawyer Tips: Finding a Good Criminal Attorney

2011-04-22T03:29:00.000-07:00

We have all heard the lawyer jokes. However, if you or someone you know has been charged with a crime, a solid criminal defense attorney will become your best friend. If you are facing fines, imprisonment or probation in Pensacola, you need a Pensacola criminal defense attorney with the experience, knowledge and tenacity to win your case or get a plea bargain. You also want a lawyer who is extremely familiar with the local Pensacola courts, Pensacola judges and Pensacola prosecutors who may be seated beside you.

Unfortunately, many people don’t know good criminal defense attorneys, since up until this point, there was no need. Then a desperate search begins. We’ll address some of the characteristics to look for in a good criminal defense attorney and the do’s and don’ts of navigating the path. There are many issues to be considered including ability, price, experience and rapport.

1. Choose a criminal defense attorney who specializes in the area of defense that you need in the state in which you are being charged. State criminal defense attorneys are licensed to practice in certain states. If you are facing a Florida conviction involving drugs or alcohol, for instance, find a good Florida DUI attorney. If you are in a custody battle, hire an excellent Florida attorney who specializes in Family Law.

2. Referrals. Referrals are a good source for finding a criminal attorney. Maybe you have an accountant who works regularly with law firms. Or maybe you know a Florida civil attorney who can recommend a competent Florida criminal attorney. Remember, this is not the time to hire your uncle who once got your nephew off on a speeding ticket. If you are charged with a crime that involves criminal law, this is not the time to choose someone who is inexpensive or inexperienced.

3. Determine what you want in a lawyer. Not enough can be said for rapport with a criminal defense attorney. You don’t have to “like them”, but you should respect their criminal defense skills. Do you want someone who is young and eager or older and well established? Will the criminal defense attorney be working the case himself or will you be relegated to a junior executive or law clerk? Young attorneys can be great for misdemeanor charges or traffic offenses. Felony cases are a different matter and should be handled by a criminal attorney with at least a couple of years experience. Find out what percentage of time your lawyer will be spending on the case (this can dramatically effect the fees as well) or what would happen if that attorney suddenly had a family emergency. Find out how many court appearances the attorney has made. For instance, if you have committed a crime In Pensacola how many cases has he/she tried in that jurisdiction.

4. Professional Organizations. At the very least, a criminal attorney should belong to the County and State Bar Associations. Many of these organizations offer referral services you can use to find a defense lawyer in your area. Has the lawyer you are considering published any books, articles or treatises? If so, they have already been subjected to the most brutal audience possible (other lawyers) and probably are a subject matter expert in that field of criminal law.

5. Investigate whether the attorney has a Martindale-Hubbell rating. “AV” is the highest ethics ratings based on the opinions of lawyers and judges. “BV” and “CV” rated lawyers are good as well. Know that not every criminal attorney participate in the Martindale-Hubbell rating system.

After you have located a criminal defense attorney, call them to schedule an appointment. Many Pensacola criminal attorneys offer a free initial consultation. If possible, talk to the defense attorney on the phone before you meet to ask about his/her specific experience with criminal cases such as yours. At this time talk about hourly rates or retainers, so you know the fees to defend your case.

Choosing the right criminal attorney is a big decision. Your freedom and future could be at stake!

The Pensacola Florida criminal defense attorneys of the Law Offices of James M. Burns are focused on legal matters including criminal law, personal injury, DUI and domestic violence. Contact Pensacola FL criminal defense Lawyer to discuss your case.

Criminal and DUI Cases

2011-03-31T11:20:00.000-07:00

James M. Burns is a member of both The Alabama Bar and The Florida Bar and is licensed to practice law in both states and in the Federal District Courts in Southern Alabama and Northern Florida. Mr. Burns was born in Mobile, Alabama and grew up, lived, and worked in Baldwin County, Alabama, and Escambia and Santa Rosa Counties, Florida, all of his life. Mr. Burns graduated in 1995 from the University of West Florida in Pensacola, Florida, with a degree in Legal Administration, and received his Juris Doctor degree from St. Thomas University School of Law in Miami, Florida in 1999.

James Burns zealously fights for every one of his clients who have been arrested and accused of a crime, and he has successfully helped thousands of people get their cases dismissed or charges reduced, and he can help try to get your bond reduced after arrest.

James Burns appears before, and handles Criminal and DUI cases in front of every judge in the following courts in Florida:

The First Judicial Court of the State of Florida:

Circuit Courts of Escambia County; and
Circuit Courts of Santa Rosa County.
The County Courts of Escambia County; and
The County Courts of Santa Rosa County.

James Burns appears regularly before, and handles criminal and DUI cases in front of every judge in the following courts in Alabama:

The Municipal Courts of Baldwin County, Alabama:

Municipal Court of Gulf Shores;
Municipal Court of Foley;
Municipal Court of Bay Minette;
Municipal Court of Robertsdale;
Municipal Court of Fairhope;
Municipal Court of Orange Beach;
Municipal Court of Robertsdale;
Municipal Court of Summerdale;
Municipal Court of Spanish Fort; and
Municipal Court of Silverhill.

The Twenty-Eighth Judicial Circuit of Alabama for Baldwin County:

The District Courts of Baldwin County; and
The Circuit Courts of Baldwin County.

James Burns knows how the local courts and judges work and he is the kind of lawyer who will aggressively fight to protect your constitutionally guaranteed rights when you have been accused of a crime in Alabama or Florida. He knows how to ensure that the prosecutors and judges hear your side of the story, and he knows how to talk to the Assistant District Attorneys in Alabama and the Assistant State Attorneys in Florida for you since he deals with these officials on a regular basis. If you want someone to speak for you and be your fighting advocate in court, then James Burns is the lawyer you want on your side.

The Pensacola Florida criminal defense attorneys of the Law Offices of James M. Burns are focused on legal matters including criminal law, personal injury, DUI and domestic violence.Contact our firm to discuss your case with an attorney.