FAQ's
What types of cases does your firm handle/practice?
Our firm deals with a range of different cases that includes: Immigration, Family, Wills and Probate, Bankruptcy, Foreclosure, Evictions, Personal Injury, and Criminal Defense. However, if you have a question about a matter that is not listed above, you are always free to ask. The first 30-minutes consultation is free. If we are not able to take your case, we will help you find an attorney that can.
Do you offer free consultations?
Yes. Our first 30-minutes consultation is always free. You can reach us by phone or email, through our website, or by making an appointment. We will gladly listen to your legal issue without charge. Remember that your problem is our problem.
How much does your firm charge to handle my case?
Every case is different in much the same way every person is different. The amount of time that will be required for a certain case can greatly vary depending on the circumstances and the type of case. Once we are presented with all the facts and those facts are carefully examined, we will determine an estimate of the fees and costs that will be required for your case. Remember, the first consultation is always free.
How long will it take to resolve my case?
Every case is different, and the law and court system are constantly changing. We cannot accurately advise you as to the exact amount of time that it will take to resolve your case. However, we can tell you that the firm will do everything within its lawful power to resolve your legal matter in a quick and expeditious manner.
Is there a way that I can obtain a work permit in the United States if I am an undocumented person/immigrant?
Yes, there are many ways an undocumented person may be able to receive a work permit/authorization in the United States. The exact way to obtain a work permit will depend on the specific situation of each person such as their family ties to this country and their migratory history in the United States. An attorney is needed to properly assess these types of cases.
I am a green card holder/legal permanent resident and I want to apply for citizenship, but I do not speak English. What can I do?
If you qualify for an exception, you may be able to take the citizenship exam in your language, rather than in English. The firm can assist you in determining whether an exception applies as it concerns the citizenship exam.
I have been the victim of a crime in my country. Am I eligible to adjust status in United States?
United States immigration law allow people who have been victims of certain crimes, abuse, and/or repression to adjust status to become a legal resident of the United States. The firm can advise you whether you are eligible for this form of immigration relief.
I had an alimony/child support plan, but I lost my previous job and can’t afford to make the same payments. What can I do?
If there has been a change in financial circumstances beyond your control, Florida law allows for a change/modification of the amount(s) being paid for alimony and/or child support. Y. Morejon Attorney, P.A. can assist you in modifying an existing alimony and/or child support order and in calculating what the change would be.
I’m going through a divorce and I have no children in common with my spouse. Am I entitled to alimony?
Alimony and child support are two very different forms of support intended for two very different reasons. Yes, you may be eligible for alimony even if you have no child(ren) in common. The courts can award different types of alimony depending on the financial circumstances and marital history of the divorcing parties. Consultation with an attorney can help you determine which type of alimony should be requested.
Do I need a fixed reason to get divorce?
No, you only need to believe that the marriage is “irretrievably broken.” Florida is a no-fault state. Simply showing an irremediable/irreversible breakdown of the marriage is enough to grant a divorce.
Can I enforce the payment of child support?
Yes. Child support is for the benefit of the child(ren) and Florida courts will strictly enforce the payment of child support and the payment of any past due support.
During our divorce we agreed to a parenting plan. Can it be changed or modified?
If the circumstances have changed, the parenting plan can be modified
Do I need a prenuptial or a postnuptial agreement?
Prenuptial and postnuptial agreements are used to protect personal assets/property and to avoid personal liability in the event of divorce or the death of a spouse. If you wish to preserve your assets and to avoid obligations that may not be yours, then you should strongly consider having an attorney draft one of these agreements
The Department of Children and Families (DCF) has opened an investigation against me for child abuse. What can I do?
You have the right to be represented by an attorney. You have the right to be informed of the subject of the investigation, the nature of the allegation(s), the possible outcome(s) of the investigation and the possible remedies.
I received divorce papers and my wife/husband is asking me for amounts that I can’t afford to pay for alimony and/or child support. What can I do?
Florida law requires that alimony and child support payments be determined using a variety of different factors such as the economic circumstances of the divorcing parties, the standard of living the parties are accustom to, the earning capacities of the parties, and the best interests of the child(ren). Every marriage, as with every divorce, is different, therefore, an attorney will be required to examine the details of the case to determine and calculate whether alimony and/or child(ren) support is required to be paid, and, if so, in what amount.
Do I need a will or is a will required?
If you want to dispose of your estate in certain manner, then you do need a will. Otherwise, Florida law and your family members will decide where your assets/property will go once you have passed on.
If I make a will, shall the individual(s) named in the will have any rights to my assets/property while I am still alive?
No. A properly executed will does not grant rights to any person while the testator/will maker is alive. A will only has a legal effect after testator’s death.
I made a will years ago, but I changed my mind. Can I change it?
Yes, if the testator/will maker is alive and of sound mind to understand the changes being made, then the testator can modify the existing will or revoke/terminate the old one completely and create a new one
My husband/wife died and left me nothing in the will. Am I entitled to anything?
The answer will depend on the date(s) that the will was executed and that the marriage took place. A full family history analysis and consultation would be required to adequately determine entitlement to your spouse’s assets.
My husband/wife died and left nothing to our child(ren) in the will? Is my son/daughter entitled to any of my spouse’s assets?
The answer will depend on the date(s) that the will was executed and that the child(ren) was born. A full family history analysis and consultation would be required to adequately determine whether the child(ren) are entitled to a distribution of the deceased spouse’s assets.
Can I contest a will? If so, will I lose any rights if I do?
Yes, you may contest a will if you are an interested party/person. No, you will not lose any rights if you contest the will, even if the will itself states that you will lose your rights. These “in terrorem” clauses are not recognized in Florida.
Can I create an oral will or is a will made orally valid?
No, oral wills are not recognized in the state of Florida.
What is a trust, and should I make one?
A trust is a fiduciary or supervisory relationship in which a trustee holds legal title to specific property/assets under a fiduciary/faithful duty to manage, invest, safeguard, and administer the trust assets and income for the benefit of the beneficiary(ies). Although a trust is not a necessity of life, it is a useful instrument for protecting, disposing, and investing assets.
Can I file for bankruptcy if I have too little or too much debt?
The bankruptcy code does set certain limits on the amount of debt an individual can have when filing for bankruptcy. Depending on the amount and type of debt you may be eligible to file for bankruptcy. Determining the correct chapter to file requires a thorough analysis of your financial situation, which can be done through consultation with an attorney.
If I file for bankruptcy, will I lose my home or property?
Without proper legal advice you may lose your home and other property by filing for bankruptcy. If your property is in foreclosure, the filing of a bankruptcy will usually stop the sale of the home. You may also be eligible to participate in loss mitigation programs offered by the bankruptcy court.
How long will it take to have my credit repaired?
Typically, once the bankruptcy case has been closed, individuals will begin to receive pre-paid credit card offers, which allow for credit to be more readily reestablished, within 6 to 12 months. Within 2 to 4 years an individual’s credit score is usually sufficient to lease or purchase a car or other property.
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 bankruptcy is known as liquidation bankruptcy that involves the forgiveness of all dischargeable debt in exchange for the debtor’s (the individual who files for bankruptcy) non-exempt assets. Chapter 13 is known as reorganization bankruptcy for individuals that involves restructuring an individual’s debts. The decision as to what chapter to file requires an extensive legal knowledge of bankruptcy law and should not be attempted without first consulting an attorney.
Can I stop the foreclosure sale of my home by filing for bankruptcy?
Yes, most of the time. If your property is in foreclosure, the filing of a bankruptcy will usually stop the sale of the home. You may also be able to save your home by participating in the bankruptcy court’s loss mitigation programs. However, only an experienced attorney will be able to tell you whether a bankruptcy filing will stop the sale of the property.
Do I need an attorney when I buy or sell a house?
An attorney is not necessarily required to buy or sell a house. However, the purchase of a home is typically one of the largest financial transaction an individual will make. Prudence would demand that you have an attorney review the sale documents or the transaction. The attorney’s services will be far less expensive than the cost of an unforeseen problem with the property that is discovered several years in the future.
As a landlord, what can I do if my tenant is not paying the rent?
You may evict him and regain possession of the property to hopefully rent it to a better tenant. You may also sue the tenant for past due rent owed. Landlord/tenant issues are time sensitive because every day that goes by without the payment of rent is a loss to the landlord. A landlord should not hesitate to immediately contact an attorney the day after a unpaid rent payment becomes due.
As a tenant, what can I do if the landlord is not complying with the terms of the lease agreement?
You may be eligible for a reduction or abatement of the rent until the landlord corrects the material issue. Just like tenants, landlords are bound by the terms of the prevailing lease agreement and the law as it pertains to the lease of a property.