Recent Blog Posts in July 2010

With the onslaught of celebrity coverage surrounding Mel Gibson's recorded telephone rants, many divorce clients have asked whether it is legal to record their spouse or ex-spouse's telephone conversations.  The answer depends on several different factors and often varies on a case by case basis.

The general rule is, no, unless you obtain express consent.  Florida wiretapping laws are complex and can carry criminal or civil punishments if violated.  In situations where your spouse would have a reasonable expectation of privacy, it is not proper to record your spouse's telephone conversations without permission.  I typically recommend always obtaining permission from your spouse or ex-spouse before recording any telephone call or communication.

However, there are several exceptions to this general rule, that would require an in-depth analysis of the facts and circumstances of your family law case. 

Contact your expert Tampa family law attorney to discuss whether these exceptions apply to you and your case.

It is never too early to start thinking about where your children will spend their holidays.  Most parents wait until November to start dialoguing with their former spouse about scheduling their holidays for their children.  If they do not have a set schedule in place, they find themselves calling their family law attorney after Halloween to settle their disputes.  Unfortunately, the judges have dockets that are already crowded.  So, last minutes hearings are rarely granted and usually quite expensive to litigate.

I recommend that clients start around the beginning of the school year to set out their requests for a holiday schedule.  That way, if there is going to be a disagreement, it can set sorted out without a last minute rush to the courthouse that quite possibly might not get resolved in time.

If you find that you and your spouse are unable to work something out, going to a mediator may be helpful.  Many jurisdictions have mediation services available for divorce cases at the courthouse for a relatively low cost.

Additionally, it may be helpful to know that many jurisdictions have a holiday guideline schedule that may be found on the courthouse website.  Ask your expert Tampa family law attorney for ideas as to how to get this problem served early in the year and avoid unnecessary expense.

Every so often a client who has lost contact with the spouse will come into the office seeking a divorce.  What can that person do if there is no knowledge of where the spouse currently resides and there is  no way to reach that spouse for the purposes of serving the necessary papers to get their case started? 

If you cannot locate your spouse and wish to obtain a divorce, all hope is not lost, however certain steps need to be taken before the Court will grant you the relief that you seek. 

First, a diligent search needs to be conducted to locate the spouse.  Florida family law requires that you check with the Post Office, the spouse's last known employer, and the spouse's family members.  Telephone listings, the Internet, the Department of Motor Vehicles, hospitals, utility companies, and other places of that nature must also be investigated. 

Second, if a diligent search reveals no information, a notice by publication will need to be done.  This means running the notice of the filing of your case in a newspaper in the county you are filing in at least once a week for four consecutive weeks.  Running the notice by publication in the newspaper will act as "constructive service" on the spouse.  If the spouse does not respond, then the Clerk and the Court will issue a "default" and grant the divorce and other relief you may be seeking. 

This can be a complicated process and it is important to consult an expert Tampa Family Law Attorney to ensure that a diligent search is conducted through the help of an investigator and that all the other correct legal steps are taken to get you to a resolution as soon as possible.