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Joe Benson

Joe Benson

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  • Family Law, Divorce
  • Florida
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LET US HELP YOU THROUGH THIS DIFFICULT TIME. YOUR RIGHTS WILL BE PROTECTED AND YOU WILL HAVE NO DOUBT THAT WE ARE ON YOUR SIDE.
Benson Trial Group is a locally owned and operated law office that's located in Sarasota, FL. Serving from Bradenton to Venice, FL.

If you need assistance with a family law matter, contact us to set up a FREE initial consultation. 941-960-2610.

I was born and raised in Northern Virginia, specifically in Arlington. My academic journey began at Mount Saint Mary's College in Emmitsburg, Maryland, where I attended on a tennis scholarship. Being the youngest of five children and the only one among my siblings to attend college, I have a deep understanding of the challenges faced by hardworking parents. After completing my undergraduate studies, I proudly served our country by enlisting in the United States Navy as a Hospital Corpsman. My service included time at the Marine Corps Bootcamp at Parris Island, the Marine Corps Air Station, and the Naval Hospital in Beaufort, South Carolina.

Following my military service, I pursued a legal education at Barry University in Orlando, Florida. During law school, I achieved several accolades; I was on the law review as the Lead Article Editor, participated in Moot Court, and was a member of the State recognized Trial Team.

For over 20 years, I have been dedicated to advocating for the rights of parents and consumers. As a litigator and a fighter, I prioritize listening to my clients' needs. At Benson Trial Group, based in Sarasota, FL, and serving areas from Bradenton to Venice, FL, you will always have direct access to your attorney. Unlike many other law firms where clients often find themselves communicating more with the secretary or receptionist, here, you can be confident that you will always be able to speak with me directly. You can rest assured that your rights are being vigorously advocated for and that your voice is heard in court.

Practice Areas
Family Law
Child Custody, Child Support, Father's Rights, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Divorce
Contested Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Florida
The Florida Bar
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Languages
  • English
Education
Barry University Dwayne O. Andreas School of Law
J.D.
Honors: Law Review, Moot Court, Trial Team
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Websites & Blogs
Website
Benson Trial Group
Legal Answers
5 Questions Answered
Q. How to find attorney information for divorce case 2022DR263 in Florida?
A: We need a bit more information. What county is the case filed in? You would go to that county's clerk of court and try and pull up that case there. If you have problems, contact the clerk of court for that county and speak with someone there. The clerk of court are normally very friendly and can assist you.
Q. Help with filing for divorce in Florida with concerns about property division and spousal support.
A: The first step is to understand what your rights are as the spouse. Let's address the property division: are we talking about personal property/martial property (those items that were purchased during the marriage) or are we talking about real property (land, house, investment property)? Typically, anything that was purchased during the marriage and up and until the divorce process is started (having the spouse served with the divorce papers) is considered marital and would be divided 50/50. Residence/investment property/etc... likewise is addressed the same way. Anything purchased prior to the marriage is considered non-marital and would be evaluated under different criteria. I would advise speaking with an attorney to more fully understand this part. Next, is the spousal support- this is based on the spouse's need for support (because the amount of money they make each month does not cover all of the monthly expenses) and the other spouse's ability to pay the support (after the spouse pays their monthly expenses do they have money left over to contribute to your need). Again, it is best advised to consult with an attorney to more fully understand your rights and options. Best of luck. ... Read More
Q. Can I sell possessions to pay bills because no money is being given to support the kids
A: Typically, if you are in need of financial support to pay your bills and take care of your children and your husband is contributing or providing financial support, then you are forced to request through the court either temporary child support and/or spousal support. The amount of child support will be based on several factors: each of your incomes, who pays for the child's health insurance and most importantly the number of overnight timesharing days each party is exercising (to name a few). As for spousal support, this will be determined by you showing a financial need for help from your husband (that amount of money you need to break even at the end of the month). You would show what your monthly bills are, which includes food, gas, phone, mortgage, etc.., and then how much you make each month. If the amount you make is not enough to cover your monthly bills, then that amount is what you NEED to break even and would be able to seek that amount from your Husband as temporary spousal support.

However, you would have to show that after your Husband does the same analysis (his bills and his income) he has money left over at the end of the month, then that amount is what would be available to be applied towards your need. Typically, your spouse will cry poor and the fight comes down to proving that he actually does have money he could be contributing towards your need.

IF, after the analysis your husband does not any money left over to contribute towards your need, then you could file a motion with the court to allow you sell marital property and use those funds to live off of, but that would require a hearing with the Judge. Non-marital property (that property that was purchased prior to marriage for you), normally you would be able to dispose/sell without a problem. BUT, if there is a disagreement on whether the property is marital or non-marital then the safe route is to go to the Judge and have him make a determination about whether an item is marital or nonmarital and have the Judge authorize the sale of that item(s) and what you are able to use that money for. Best of luck.
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Contact & Map
434 S. Washington Blvd.
Sarasota, FL 34236
US
Telephone: (941) 960-2610
Fax: (941) 866-2656