Recent Posts in Divorce Category

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.

We previously discussed in this space that, under Florida family law, the court can order one or both parties to a child time-sharing plan post a surety bond.  The purpose of this is to prevent one of the parties from fleeing the state with the children in an attempt to hide them.  We outlined some of the circumstances under which the court might order a bond.  What happens once one party posts a bond and what are the funds used for if the court orders the bond forfeited?

Florida family law states that the court can order the bond forfeited once it finds a material violation of the time-sharing plan by removing the child or children from the state or otherwise attempting to conceal their whereabouts.  It then gives three specific examples of how these funds are to be used:  1) to reimburse the non-violating parent costs associated with enforcing the terms of the plan, 2) to locate and return the children, and 3) to reimburse reasonable fees and costs as determined by the court.  This last item seems to give the court fairly wide discretion in covering expenses incurred by the non-violating parent.

Bottom line:  Always consult with an expert Tampa family law attorney to make sure the terms of your time-sharing plan are enforced as provided by Florida divorce law.

In a Florida divorce or a Florida paternity case, the law sets out a specific schedule that determines how much child support each party is responsible for based on the income of both parents and the number of children in the family.  However, we have previously discussed that Florida family law provides for certain exceptions from these guidelines, such as the demonstrated need for one party to financially support an elderly parent or certain extraordinary medical or educational expenses.

Another exception is seasonal variations in one or both parents' income.  What does this mean and how would a court interpret this provision?  One example might be a teacher who gets paid his salary during the school year when he's in class teaching but not over the summer.  Another example could be a salesman who gets paid mostly on commission and sees larger paychecks around the holiday shopping season. These are only two circumstances for which the court could deviate from the established guidelines - there are many others.

Bottom line:  If you find yourself having trouble meeting your child support obligations due to changes in your income from month-to-month, consult with the best Tampa family law attorney to make sure you receive the reasonable accommodation as provided by law.

Florida family law is very clear on how much each party will be responsible for in child support based on both parents' income and the number of children.  However, we have recently discussed that the court can deviate from the normal payment schedule for certain unusual circumstances like the care of an elderly parent.

What if the children are enrolled in private schools which can cost thousands of dollars per school year these days?  Are these expenses meant to be shared using the normal child support schedule laid out in the law?  Expert Florida divorce lawyers know that the answer is, "Not necessarily."

While the guidelines for payment are calculated using a clearly defined formula, the law states that the court can adjust one or both parents' share for a number of factors, one of which is extraordinary "medical, psychological, educational, or dental expenses".  Private school tuition fits under this exception and should be handled outside the normal guidelines.

Bottom line:  Speak with the best Tampa family law attorney you can find if your children are subject to expensive private school tuition costs and you are involved in a divorce or paternity case.

In a Florida divorce or paternity proceeding, the best Tampa family law attorneys often use guardians ad litem for the benefit of the children.  A guardian ad litem should not act as an attorney or advocate for the child, but rather as next friend of the child in seeking the child's best interests.  Once appointed, this person has fairly wide-ranging powers, many of which require the assistance of a lawyer.  For example, the guardian ad litem has investigatory powers that allow the interview of the child, witnesses, or any other person having information concerning the welfare of the child.  The guardian ad litem may also assist in seeking impartial expert examinations as necessary or, with the assistance of counsel, may ask the court to compel examination of the child or the parents by doctors or mental health professionals.   

A guardian ad litem is entitled to attend any court proceedings that affect the child and also must submit a written report containing recommendations to the court within 10 days of any stipulation or agreement.  The guardian is able to make oral or written recommendations directly to the court.

While these are some of the powers and duties specifically laid out in Florida family law, the law is also clear that this list of powers is not meant to be exhaustive. 

Bottom line:  The best St. Petersburg child custody lawyer will tell you that the purpose of a guardian ad litem is to act in the best interests of a child and that the law provides fairly extensive authority to assist in the pursuit of this goal.

The court system uses guardians ad litem to assist in cases involving children.  In order to be appointed by the court to perform this task, you must meet one of three qualifications.  You must be officially certified by the Florida Guardian Ad Litem Program, certified by a not-for-profit legal aid organization or be an attorney who is a member in good standing of The Florida Bar.

There are a number of specific criteria within the Florida Guardian Ad Litem Program and within any not-for-profit legal aid organization which we will discuss in a later blogpost.  All of the requirements are geared toward obtaining guardians ad litem who will dedicate their time to diligently representing the best interests of the children they are appointed to represent.

If you have questions about these qualifications, contact an expert Tampa family law attorney.

Bottom line:  A guardian ad litem can be appointed to represent a child in a child custody dispute.

In a Florida divorce or paternity case, there will be a child support guideline calculation to determine how much will be paid from one parent to the other.  These calculations are pretty precise and inflexible.

What if you are one of the many people in this country who are financially subsidizing an elderly parent who does not have sufficient funds to meet the monthly bills?  You should contact the best child support lawyer in Tampa to ask what the effect of that situation is on your child support obligation.

Florida law allows for certain exceptions to the child support guideline calculation.  One of these is for just such a situation as we just described.  If you can show that the payments for your parent have been regularly paid and that they are legitimately an ongoing necessity, the court may deviate from the Florida child support guidelines.

Bottom line:  Ask your expert Florida custody lawyer how this exception applies to you.

A Florida child custody determination deals with the details of who is physically and legally responsible for the child and what timesharing rights other parties may have. 

If a determination is made in a Florida family law court, whether permanent or temporary, initial or modification, it is binding on all parties unless there is a subsequent modification.  

Persons inside the state of Florida will be served in accordance with Florida laws.  If a person resides outside of the state of Florida and they are served with a child custody determination, they must abide by the determination according to the Uniform Child Custody Jurisdiction and Enforcement Act.

Your expert Tampa family law attorney can advise you how each of the fifty states has passed exactly the same law with regard to which state has jurisdiction over child custody cases depending upon the contacts of the parents and the child with each particular state.  All of the other states will honor a child custody decision of any state which follows this statute.

Bottom line:  There are specific rules in place to determine which state has jurisdiction in any child custody jurisdiction dispute.

In a Florida child custody case, if the court sets a parenting plan designating timesharing rights for each parent and there is a reasonable and foreseeable risk that one parent may violate this plan or remove the child from the state or country, the court can take certain measures to ensure that this does not happen.

One of these measures is requiring the parent who is presenting the threat of violation to put forth a security or a bond.  This bond can be cashed in, either in part or in whole, upon the parent's violation of the parenting plan, depending on the decision of the court.  A family law court will first determine whether or not there is a need for a bond.  If there is a need, then the court will set the amount for the bond.   In Florida, a number of factors are taken into consideration when deciding this. 

One of these considerations is whether or not a parent has taken or threatened to take a child out of Florida or any other state in violation of an agreement.  For example, if a parent has previously violated a parenting plan by taking a child out of Alabama in a previous custody matter, there is a good chance that a judge may require a bond in the current Florida case.

Bottom line:  Your expert Florida family law attorney can guide you through the process of requiring a bond to protect your children.

In determining the amount of child support to be paid in a Florida divorce case, courts have established a precise numerical formula for calculating those payments.  The Florida child support guidelines are based on factors such as the children's health care expenses and the number of days the child stays overnight at each parent's house.  Ultimately, Florida family law courts are confined to this formula to establish payments. 

However, a parent can request that the court deviate from this formula as detailed by the Florida Child Support Guideline Statute.  One of these reasons is if the child earns an independent income.

For example, a child may possibly hold a job as a hostess or a bus boy at a local restaurant.  If this child is earning enough income to purchase his or her own clothes, or pay for his or her own car insurance or medical expenses, child support payments may be lower than the formula establishes.

A board certified Tampa family law attorney can guide you through court proceedings in this scenario.  While a modification or deviation from the formula is not guaranteed, the court will take your situation into consideration when calculating payments.

In every family law case involving parenting, there will be a timesharing plan ordered by the court.  That plan will include a time schedule for when each parent will be with the children.  What do you do if you find out that the other parent may be planning to take the children out of state, in violation of the plan?

The Florida statutes provide a way that you can ask for help before the other parent is already gone for parts unknown with your children.  They set up a procedure where you can present "substantial competent evidence" to the court that there is a risk of the other parent violating the court order by removing the child from the state.

If the court agrees that the risk exists, an order can be entered that the other parent may not remove the child without a notarized written permission statement from you.  In addition, the court can require the posting of a money bond which will be forfeited if the child is removed.  The court can also require the surrender of the child's passport.  Your expert Florida custody lawyer can help you through the process.

Bottom line:  Talk to your Florida divorce attorney about the steps you can take to ease the worry of your children being taken out of state without you knowing about it.

A dispute over child custody in a Florida divorce or paternity case can often become very emotional and divisive.  The more animosity there is, the more it hurts the children involved.  The Florida family law system has a way to try to ease some of the tension that is placed on the children.

In a Florida divorce where there is a request for creation or modification of a parenting plan, the court may appoint a guardian ad litem to act as "next friend of the children, investigator or evaluator, not as attorney or advocate."  This is typically done when a judge feels that it would be appropriate to hear what the child has to say about the proposed parenting plans, but wants to keep the child from feeling alone in the process.

If there are allegations of abuse, abandonment or neglect, the court has no alternative.  It must appoint a guardian ad litem.

The guardian ad litem will typically meet with the children and make them feel more at ease with the idea that their parents are divorcing.  The guardian ad litem will assure them that the breakup of the marriage is not because of anything that they have done.  Then the children will be asked what they would like to see the parenting plan look like.  Finally, the guardian ad litem will inform the court of the thoughts of the children.

Bottom line:  Your expert Tampa family law attorney can assist you in seeking a guardian ad litem to assist your children.

As we have discussed in this space many times, Florida has a guideline mathematical formula which determines the amount of child support which will be paid in Florida divorce and paternity matters.  These guidelines are more than just suggestions as to what the support might be.  They are absolutely binding on the parents unless there is a justifiable reason to vary from the formula.

The Florida Child Support Guideline Statute has a list of reasons why the court can deviate from the normal calculation.  Among them are extraordinary medical, psychological, educational and dental expenses.

If a child has any sort of extraordinary need in this regard, it would be unfair to impose the normal child support guidelines upon the parents.  For example, if you have a child who needs constant treatment and this requires continuing payments to healthcare or educational professionals, it would be unfair to treat this situation like the typical child support scenario.

Your expert Tampa family law attorney can tell you how to present this situation to the court for a review.

Although it does not happen in every case, the court will listen to evidence as to child support guideline deviations.

Bottom line:  Not every Florida family law case involving child support goes strictly by the child support guideline statute formula.

When the court calculates how much child support will be paid in a Florida Divorce or a Florida Paternity case, there are many factors which are taken into account.  One of these is the cost of childcare.

First, your expert Tampa Family Law Attorney will assist the court in determining how much basic child support should be paid based upon the net incomes of the parents under the Florida Child Support Guidelines.  Then the court will add the cost of health insurance for the children. 

Many people pay some sort of childcare for their children.  This will be considered in the child support calculation, but only if it is necessary to enable one parent or the other to get to work.  The next step, then, would be to add this cost to the required full child support of the children after deducting a straight 25% amount.  The reason for the deduction is that the Internal Revenue Service allows a tax credit for a portion of health insurance attributable to the children.

Once this is added to the basic child support amount, the court is closer to giving the final Florida child support amount to the parents.

Bottom line:  The mathematical child support calculation includes the cost of childcare for the children and your expert Florida Family Law lawyer can assist in this calculation.

Before the court finishes calculating how much child support will be paid in a Florida divorce or a Florida Paternity case, the court will take into account the amount of health insurance premiums for the children.

First, your expert Tampa family law attorney will assist the court in determining how much basic child support should be paid based upon the net incomes of the parents under the Florida Child Support Guidelines.  Many people pay some sort of health insurance for their children, so the court will next add the cost of those health insurance premiums. 

Once this is added to the basic child support amount, the court is closer to giving the final Florida child support amount to the parents.

Bottom line:  The mathematical child support calculation includes the cost of health insurance for the children and your expert Florida family law attorney can assist in this calculation.

To be a parenting coordinator, a person must either be licensed as a Florida mental health professional, psychiatrist or lawyer or be certified as a family law mediator with a master’s degree in a mental health field.  Expert Tampa family law attorneys often refer client s to parent coordinators for assistance in creating a timesharing plan because of the education and experience in dealing with children that comes with these qualifications.

The parent coordinator will meet with the parents both together and individually to discuss the needs of the children.  In some cases, the parent coordinator will contact teachers or others who have information regarding the children or, in certain circumstances, speak with the children themselves.

The primary goal of the parent coordinator will be to reach an agreement between the parents on all aspects of their future timesharing arrangement.  Not only will the parents decide which days the children will spend at each home, but also agree upon rules for telephone contact, exceptions to the usual schedule, responsibility for transporting the children, systems for selection of doctors, schools, extracurricular activities and all other choices you will make as your children mature.

Parent coordinators are fairly new to the divorce process in Florida custody cases, but have proven to be quite valuable in helping to reduce the bickering and reach agreements that divorcing parents can accept.

Bottom line:  Ask your expert Florida divorce lawyer if a parent coordinator could be helpful in your situation.

When calculating child support in your Florida custody case, your income is the most important factor.  Just about anything that you earn will be considered as income.

Before child support is calculated, however, there are certain things that are subtracted from your income.  They include: income taxes (federal, state and local), federal insurance contributions or self-employment tax, mandatory union dues, mandatory retirement payments, health insurance coverage (excluding children), court-ordered child support which is actually paid and alimony paid to a previous spouse or the spouse in the current divorce.

Only after these reductions are made will the child support guidelines be calculated to determine just how much each spouse should contribute to the support of each child.

The child support guideline calculations take up several pages in the actual Florida Statutes.  The best Tampa divorce lawyers will have a computer program which will make for an easier calculation of the amount to be paid.

Bottom line:  Consult with your expert Florida family law attorney to arrive at a precise calculation for the amount of child support which is appropriate in your situation.

When child custody is arranged in a divorce or paternity case in Florida, there is a requirement that a child support calculation be made.  This calculation is based upon the Florida Child Support Guidelines and ensures that all families with similar incomes are treated the same with regard to child support.

The guidelines base child support on the income of both parents.  The income includes a number of things:  income from employment (including bonuses, commissions, overtime and tips), business income, disability benefits, workers' compensation, unemployment compensation, pension and annuity payments, social security, alimony, interest and dividends, net rental income, income from royalties and trusts and estates, reimbursed expenses that reduce living expenses and recurring gains from dealing  in property.

Basically if you get paid from any source, it will be considered as income for purposes of calculating child support. 

The court can even impute income to you if you are underemployed.  That is, if you could make more money but are not because you are not trying to earn to your highest potential, the court can treat you as if you are fully employed and require you to pay child support based upon the income that you could be making.

Bottom line:  Ask the best Tampa family law attorney you can find to explain to you the specific ins and outs of income that is considered in the calculation of child support.

When there are minor children involved in your Florida divorce, you are required to take a parenting course before you can obtain a court ordered Final Judgment of Dissolution of Marriage.

Back in 1994, the Florida legislature decided that far too many parents were going through the entire divorce process without realizing some of the harm that they were doing to their children.  Judges were hearing many stories of one parent badmouthing the other parent in the presence of their children and otherwise doing and saying things which were unhealthy for the children to see and hear.

A parenting course lasts four hours and can be taken either separately or together by the divorcing parents.  The Florida family law rules allow that it may be taken in person or online, but judges in some parts of the state require that it be in person. 

For many people, the course serves as a reminder of things that you already know.  It deals with treating the other parent with respect in the presence of the children, keeping good communication lines open, the effect of domestic violence on children, being mindful of the stress that children are under during the separation process and other aspects of the family dynamic.  For some people, it is a wakeup call to start being the better parent that they never knew how to be.

Your expert Tampa family law attorney will have a list of the parenting courses near you.

Bottom line:  Early in the divorce process, it is a good idea to comply with the requirement that you attend a parenting course.  You just might learn something that will help you to be a better parent during this difficult time.

Child custody battles are the most stressful experiences that parents have in a Florida divorce.  Often the parents involved are so concerned with success or failure that their judgement gets clouded.  They sometimes take actions which they think will help their cause, but which actually have the opposite effect.

As you go through the process of arguing with the other parent over the children, there is sometimes a temptation to try to influence the children to take sides with you.  This often takes the form of saying negative things about the other parent in the presence of the children.  "I would love to buy that new television you want for your room, but your father is not giving us enough money to buy anything."  "I am so sad because your mother ruined my life.  She is interested in another man, you know."  "If you spend more time at my house, you will not be subjected to all of those ridiculous restrictions that you have to live with at your Mom's"

Those are just some of the many examples of how people try to win over the children by talking the other parent down.  This happens so often that the mental health community has given it a name, 'Parental Alienation Syndrome".

If you are the one engaging in this strategy to win a custody battle, you may just find yourself on the losing end of a child custody evaluation because you are not the parent who is most likely to "encourage a close and continuing parent-child relationship" when it come to the other parent.

Bottom line:  Be honest with your expert Tampa child custody attorney as to how you interact with your children and ask if you are in danger of being labeled a parental alienator.

Many people are in a hurry to get a divorce in Florida.  The reasons vary.  Some people are anxious to marry someone else.  Some want to stop sharing their large incomes with their lower income spouses.  Some just want out of the relationship.  For whatever the reason, many are hopeful of getting the speediest divorce possible.

In Florida, as in all states, divorces can last for many months and sometimes even years.  There are times, however, when each person in the marriage wishes to get on with things and an agreement on all issues is not a long, drawn out process.  When that occurs, it is possible to obtain a quick Florida divorce.

Once you and your spouse have decided that you want to get things over with and move on with your lives, you can contact your expert Tampa family law attorney and find out just how quickly the process can be completed.

Florida family law allows that, once you have reached an agreement on all issues, you can get a dissolution of marriage in as few as 20 days from the filing of the petition for dissolution of marriage.  You can even get it done more quickly if you can show the court that an injustice would occur by waiting the required 20 days.

Bottom line:  If you are anxious to finalize your Florida divorce, you can accomplish this in as few as  20 days from the filing the petition for dissolution of marriage once you and your spouse have resolved all of your differences regarding parenting issues, distribution of property, spousal support and reimbursement of attorney's fees.

Suppose that a Florida family law court has ordered that the other parent of your child must pay child support to you until your child reaches the eighteenth birthday.  What if the other parent, over the years, has steadily become farther and farther behind in payments and your child is approaching age eighteen?  Is it time to worry that you will never get your money?

In Florida, the law allows you to continue to collect child support from the other parent if there is a delinquency in the support due when the normal child support period ends.  Your expert Tampa family law attorney can ask the court to order the full amount to be paid from funds available to the other parent or order that the monthly regular payments must continue.

If there is a court order that the regular child support payments should be paid out of the other parent’s paycheck, the court can even order that the paycheck deduction continue until the child support arrearage is made up.

Bottom line:  Just because your child reaches age eighteen before all of the child support is paid doesn’t mean that you can’t collect it.

When there is a court order requiring someone to pay child support or alimony in a Florida divorce or paternity case, there are consequences for non-payment.  If you are involved in a court proceeding of this type, the first thing to keep in mind is that a court order is not just a suggestion.  It is a binding obligation requiring that the order be followed or that consequences shall occur.

If there is a delinquency in the payment of court ordered child support or alimony in your court proceeding, a paper will typically be filed with the court asking that the delinquent person be required to live up to the obligation or face those consequences.  If the person is not paying, the court will typically order the person to pay or to suffer a punishment.  If the person still does not pay, then the court can order that the person funds be garnished or that the person go to jail until the delinquent amount is paid.  In addition, the court can assess a further penalty against the person by requiring that the attorney’s fees of the enforcing party be paid.

Not all cases are subject to incarceration, however.  In order to send someone to jail for non-payment, the court must have proof that the person actually has the money to pay the amounts ordered.  So if someone is required to pay, but has no income or assets from which the order can be paid, then the court will fashion an enforcement order that persuades the delinquent person to pay what is available but which falls short of jail time.

Bottom line:  If there are alimony or child support payments which have not been made, contact your expert Florida family law attorney to ask what can be done in your case.

After the divorce is over and the former spouses have moved on with their lives, often the spouse receiving alimony develops a new love interest.   Sometimes that leads to another marriage.   What happens to the alimony award required in the Florida divorce court order?

The best Tampa family law attorneys will tell you that the alimony will end when there is a remarriage by the receiving spouse unless there is an agreement and court order specifically to the contrary.   Those types of agreements and orders are extremely rare.

Suppose, though, that there is no remarriage.   Suppose instead that the alimony receiving spouse merely becomes involved in a live-in arrangement with the new love interest.   What happens then?

Florida divorce law allows that alimony can be reduced or even terminated if the receiving spouse becomes involved in a “supportive relationship” with another person.   The court will look at a number of factors: whether the two people in the relationship have held themselves out as husband and wife even though not married, used the same last name, shared a mailing address, lived together for a long time, pooled their assets, supported each other, performed valuable services for each other or for the other’s company or employer, worked together to create or enhance something of value, purchased real or personal property together, or provided support to each other’s children.

In the distant past it was not nearly as common for people to live together without marriage.   Because it is now so common, the law recognizes that the circumstances of living together can justify termination of an alimony obligation just as in a case of the spouse getting married again.

Bottom line:   If there is alimony involved with your former spouse, you need to contact the best Florida family law attorneys if you are receiving the alimony and are thinking of moving in with someone else or if you are paying alimony and your spouse has moved in with someone.

In a Florida divorce or paternity case, sometimes the person required to pay child support fails to pay.   When that happens there are a number of ways to punish the non-paying parent and inspire that parent to resume payments and make up any past missed payments.

In previous blog posts, we have discussed suspension of driver’s licenses and suspension of professional licenses as a means of punishing someone for non-payment of child support.   Of course, the most direct influence to pay child support is an order of contempt of court and requirement that the non-paying spouse go to jail by a certain date if the arrearages are unpaid.

The Florida Statutes provide that someone who is behind in child support payments may have that reported to a credit reporting agency.   It provides that, before reporting it to such an agency, the state would give the delinquent parent notice ahead of time and an opportunity to pay the delinquency current.   If it is not then paid current, then the agency of the state which keeps track of child support arrearages is free to notify all credit reporting agencies.

As with any unpaid debt, notification to a credit reporting agency has the effect of changing your credit rating and reducing your chances of obtaining a loan of any kind.   Before that happens, you may wish to consult your Tampa family law attorney to find out what you can do to avoid the harm you may be causing yourself.

Bottom line:   Failure to pay child support can seriously affect your lifestyle and may affect your freedom and your ability to borrow money.

If you feel that a modification of alimony might be appropriate, you have a choice where you file your motion to modify alimony.  You can file a motion to modify alimony in either the circuit court of the circuit in which either you or your ex-spouse resided at the date of the execution of your original agreement, or in which the original alimony order was rendered, or where either of you currently reside.

If it has been a few years since alimony was originally ordered in your case, chances are you may not know the amount of income your ex-spouse currently earns.  The rules of Florida family law courts provide that your ex-spouse must complete a new financial affidavit if you request a modification of your current support amount.  If you have reason to believe that either your circumstances or those of your ex-spouse have substantially changed, and a modification of alimony might be appropriate, contact an expert Florida alimony attorney to discuss your case.

If the other parent of your child fails to make timely child support payments, there are several ways that you can try to persuade them to pay.   The first thing that you can do is speak to your expert Florida divorce lawyer about filing a motion for contempt where you ask the court to hold the other parent in contempt of court.   There are a number of things that a court can do in that setting.   The first thing the court can do is require the delinquent parent to pay within a certain set period of time or else go to jail.  

After that, the court can also require that the various state licenses issued to the delinquent parent be suspended until the parent pays the child support current.   The most damaging penalty for most parents would be the loss of a driver’s license.   The court can go even further.   The state issues many other types of licenses.   The parent could have a license to practice medicine or law, a license to be an engineer or a contractor or school teacher.

A very inspiring penalty to persuade a parent to pay child support current is to take away the parent’s ability to earn a living.   In our experience, these types of orders are very persuasive and result in immediate payment of past child support amounts due.   Just imagine being faced with a choice of paying your child support obligation or losing your ability to make a living.   The choice is pretty clear.   Most people are not going to risk their livelihood when they can simply borrow some money to pay the support obligation up to date.

Bottom line:   If the other parent is behind in payment of child support, ask your expert Tampa divorce lawyer how to take the proper steps to make sure that the support is paid up to date.

At the end of almost every divorce consultation, a Florida family law attorney is posed with the same question. How much is my divorce going to cost?   While this question appears to be straightforward, the unknown factors of divorce make it almost impossible to answer.   Your Florida divorce attorney should, however, be able to analyze the issues of each particular case and address the related expenses.

In the State of Florida, there are two primary types of divorce cases, the first of which is an uncontested divorce.   In an uncontested divorce, the parties have been able to work through all issues even before filing the divorce petition.   In this scenario, all that remains is for the parties to complete and file the required pleadings.   Due to the limited nature of work involved, the divorce attorney’s role is to assist the client rather than advocate a legal position.   Thus, the attorney’s role in an uncontested divorce is typically limited to the preparation of the pleadings, drafting the applicable marital settlement agreement and parenting plan, and scheduling and attending an uncontested final hearing in order to obtain the final judgment of divorce.   Because the attorney’s role is limited the expense a party faces is reduced.

The second type of divorce is referred to as a contested case.   A contested divorce means the parties are unable to agree or settle all of the issues of their divorce and need the assistance of an attorney to help bring about a final resolution.   This final resolution can come in the form of a settlement during the course of the divorce or at a trial.   The expenses involved in a contested case derive from the issues the parties are facing, and the time involved in resolving those issues.

Examples of contested, and sometimes expensive, issues include timesharing plans with minor children, support provisions, including child support and alimony, the division of assets, including homes and marital businesses, and a spouse’s request for an attorney fees contribution.   All of the above case issues can require extensive work not only by an attorney but also an expert who assists the client and attorney in advancing their particular position.   With the complexity of each case issue and with each additional contested issue, the cost of the divorce grows.

It is important for each client to discuss and address all possible case issues with their Florida divorce attorney during the initial consult.   At that time, the client can be fully aware of what issues they may face and thus can have a better understanding of what expenses lie ahead.   One constant will remain: the sooner the parties can settle, the less expensive the divorce will be.

Computer technology has advanced greatly in the past twenty years.  Years ago, if a parent had to move away from their former spouse and child, telephone contact and writing letters was the only way to maintain contact.  With the advent of the internet, cell phones, skype, and so on, the family that is separated by distance is no longer restricted to infrequent visits. 

Florida Divorce law recently caught up with this new technology.  New laws allow a court to order electronic communication between a parent and a child.  The court must first consider if the communication is in the child's best interests and whether or not the technology is available to the parent and child.  The court must also consider whether there is a history of substance abuse or domestic violence.  The presumption is that it is in the child's best interest to communicate electronically with the other parent if no other outlet is available.

While these new means of electronic communication are not as good as seeing your child in person, they are better than the old options.  Contact an expert Florida divorce attorney to discuss these, and other issues.

Child support in Florida does not always end when you think it will.   Florida law requires that, in general, the obligation to pay child support ends when the child reaches the age of eighteen.   That is not, however, always the case.

Any expert Tampa divorce lawyer will tell you that the most notable exception to that rule applies to situations where a child is scheduled to celebrate the eighteenth birthday while still in high school.   The law gives the courts the option to extend the child support obligation to when the child graduates.   In my opinion, this part of the law is poorly written.   It allows the child support to continue until graduation only if the child is expected to graduate before the age of nineteen.  If a child turns eighteen the week before the end of her junior year and is expected to turn nineteen the week before the end of her senior year, the child support will stop at her eighteenth birthday because she has no expectation of graduating before age nineteen.   It would seem more fair to allow child support to continue to high school graduation or age nineteen whichever occurs first.

Child support will also end when a child becomes emancipated.   There are certain situations where a court will order the emancipation of a child in order to remove the child from the control of the parents before the age of eighteen if it is in the best interests of the child.

The other ways that child support will end before age eighteen is if the child marries, joins the armed services or dies.

Finally, if a child is dependent, (for example, because of mental retardation or some other debilitating condition), the court may extend the requirement to support the child indefinitely.

Bottom line:   Ask your expert Florida divorce lawyer if any of these exceptions to the rule apply in your situation.

In cases where one parent is activated to military service, and timesharing and child support are at issue, the activated parent may worry about parental rights.  What will happen to the children during my time away?  Does the activation alter my rights to my children permanently?

The Florida divorce courts will not permanently alter timesharing or child support while one parent is deplo yed on active duty in the military.  The courts are specifically not allowed to modify any issues relating to the parties' minor children, except on a temporary basis.  If the court does temporarily modify timesharing or child support, the court is obligated to reinstate the previous time sharing order when the parent returns from active duty or deployment.

The rules of Florida divorces regarding temporary changes to timesharing or child support, as stated above, do not apply to permanent change of station moves by military personnel.

Bottom line:  If you, or your ex-spouse is facing a move due to military reasons, you should contact an expert Tampa divorce attorney to discuss your issues.

It is often difficult for parents to agree on a timesharing schedule for the children in a Florida divorce.   After all, it is difficult to reach agreement on many things as you dissolve your relationship.   When you consider that nothing is more important to a parent than the welfare of the children, the pressure surrounding the negotiation process becomes even greater.

To be a parenting coordinator, a person must either be licensed as a Florida mental health professional, psychiatrist or lawyer or be certified as a family law mediator with a master’s degree in a mental health field.   Expert St. Petersburg divorce lawyers often refer clients to parent coordinators for assistance in creating a timesharing plan because of the education and experience in dealing with children that comes with these qualifications.

The parent coordinator will meet with the parents both together and individually to discuss the needs of the children.   In some cases, the parent coordinator will contact teachers or others who have information regarding the children or, in certain circumstances, speak with the children themselves.

The primary goal of the parent coordinator will be to reach an agreement between the parents on all aspects of their future timesharing arrangement.   Not only will the parents decide which days the children will spend at each home, but also agree upon rules for telephone contact, exceptions to the usual schedule, responsibility for transporting the children, systems for selection of doctors, schools, extracurricular activities and all other choices you will make as your children mature.

Parent coordinators are fairly new to the divorce process in Florida, but have proven to be quite valuable in helping to reduce the bickering and reach agreements that divorcing parents can accept.

Bottom line:   Ask your expert Florida divorce lawyer if a parent coordinator could be helpful in your situation.

Sometimes in a Florida divorce, one of the spouses may take off out of state with property of the marriage or may transfer ownership of marital property to someone else.  If you suspect that this is about to happen, you should contact an expert Tampa family law attorney to ask what steps can be taken to keep this from happening.

The Florida Dissolution of Marriage law provides that a judge can enter an order to protect you.  If you can show that your spouse is about to leave the state, take property out of the state or fraudulently transfer or conceal property, the judge can enter a court order called an injunction that requires your spouse to refrain from transferring or concealing the property.  In addition, the judge can enter a court order called a writ of ne exeat which prohibits your spouse from leaving the state.  In severe cases, the judge can enter a writ of bodily attachment which requires your spouse to be picked up by a law enforcement agency and held in jail.

When these are entered, the court will require you to post a bond to ensure that your allegations are accurate.  Upon having a hearing with both sides present, the judge may enter an order requiring your spouse to post a bond to pay for any anticipated losses should your spouse violate the order.

The law even provides for detailed identification information to be provided to the Florida Crime Information Center so that all law enforcement agencies in the state will have your spouse on their radar screens.

Bottom line:  If you suspect that your spouse is about to hide out of state or conceal marital property, contact an expert Tampa divorce attorney to find out how it can be stopped.

Florida law requires that there be language in the Final Judgment of Dissolution of Marriage to comply with the requirements of the military law to divide a military pension.

If a spouse has been married to a member of the military for a period of at least ten years while the military spouse has been in the service for at least an overlapping ten years, the Final Judgment of Dissolution of Marriage must contain certain language.  

There must be a statement to specifically identify the military member.   Then, there must be a statement that the rights of the service member have been protected under the Servicemembers Civil Relief Act.   (This has to do with notice and an opportunity to be heard.)

Next, there must be a specification of the amount of the retired or retainer pay to be distributed expressed in dollars or as a percentage of the disposable retired or retainer pay.

Finally, the Florida Final Judgment of Dissolution of Marriage must provide for distribution of the retired or retainer pay no more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the Final Judgment.

Bottom line:   If your marriage involves a military member with at least ten years of service during your marriage, contact an expert Tampa divorce lawyer to see how the paperwork can be drafted so that retirement benefits may be properly divided.

A petition for dissolution of marriage is the pleading that begins a divorce action.   Throughout the petition a party frames the issues of the divorce and notes the relief they are seeking from the court.   The issues and remedies may include areas concerning child custody, the division of assets and debts, alimony, an attorney fees request, and other demands.

In many instances parties are caught off guard when they review their spouse’s petition.   The petition can contradict prior understandings between the parties and the review of demands can be very difficult.   This contradiction can lead to increased stress levels and even worse, may lead to unnecessary and costly litigation.

It is important to note that, in general, many petitions are boiler plate pleadings, which plead or request general and all-inclusive demands.   A general and all-inclusive petition provides protection for a party, as it reserves the right to bring future claims, even if they are not at issue in the beginning of the divorce.   Similarly, it is important to remember that the petition is just a request from the court and has no bearing on what the actual facts or evidence will establish.   In a great majority of divorce cases, a party does not advance all demands made in their petition and a settlement can be reached.

By working with your Tampa divorce attorney to understand not only the legal impact of the demands made in a petition, but their particle effect, a party can avoid beginning the divorce in a stressful state.

For many years, the law in Florida was that you were entitled to a “special equity” in your previous non-marital property in a divorce even though you placed the property in joint names with your spouse during the marriage.  The concept was fairly simple.  

It was pure mathematics.  Suppose you owned property before the marriage that was worth $100,000 at the time you placed it in joint names with your spouse and the property was worth $200,000 at the time of the divorce.  The formula would allow you to get all of what was yours alone and half of what belonged to the marriage.  In the numbers I gave, you would be entitled to all of the initial $100,000 and half of the second $100,000.  So you would get $150,000 of that asset and your spouse would get $50,000 of the asset.

A recent change to the law of equitable distribution of marital property in Florida specifically did away with the concept of special equity.  Instead, it allows a family court judge to consider the fact that you brought a little extra to the marriage and possibly award you an unequal distribution of the marital assets and debts.

Judges have in the past been very reluctant to award anything other than an exactly equal distribution of marital assets and debts.  Now, people bringing some non-marital property into a marriage and then going through a Florida divorce have a much greater chance of a judge making a ruling that is other than 50/50.

Bottom line:  Contact an expert Tampa divorce lawyer to find out how these recent changes in the law will affect your Final Judgment of Dissolution of Marriage.

In an effort to reduce the contention, litigation, and detriment a contested divorce may have on the parties and their children, Florida statues were amended to replace terms such as “custody” and “visitation” with a less confrontational term of art called “timesharing”.   Timesharing addresses the issues involved in implementing a visitation schedule between the parents and their minor children.   Many factors are taken into consideration when analyzing and developing a timesharing schedule, but above all else the goal of the court system is to ensure that the best interests of the minor children are protected.

Although timesharing schedules can differ on a case to case basis, there are three primary types.   The first of the three types of timesharing schedules include a standard timesharing schedule.   Under this schedule one parent receives the majority of weekly timesharing and the other parent is afforded timesharing opportunities once during the week and every other weekend.   A standard timesharing schedule may be best suited when one parent has a demanding and fluctuating work schedule and where the majority timesharing parent has a flexible and accommodating schedule.

The second type of timesharing schedule is known as a substantial timesharing schedule.   Under this scenario the non-majority timesharing parent receives at least forty percent of the overnight timesharing opportunities.   A substantial timesharing schedule is designed by either the parents and or the court with the focus remaining on the best interest of the children.          

The third type of timesharing schedule is commonly referred to as a rotating or shared timesharing schedule.   When practicing a shared/rotating timesharing schedule each parent receives the same amount of timesharing opportunities with the children.   Important factors to consider when analyzing whether a shared timesharing schedule is in the best interest of the children include school issues, the proximity of the parents homes to each other, the age of the children, and the ability of each parent to accommodate the demands of a shared timesharing schedule.

There are several other important factors which should be analyzed when attempting to resolve a child custody case and when implementing a timesharing schedule.   Thus, it is important to ensure that your review and discuss all aspects of your particular case with a Florida divorce attorney.   By working with your divorce attorney, and just importantly by working with your spouse, a parenting plan can be designed which can alleviate the fears of a child custody case.

The factors to be considered are: 1) whether one spouse has been awarded exclusive use and possession of the marital home before the sale and the basis of the award, 2) whether alimony was awarded for the purpose of covering the mortgage expense, 3) whether child support was awarded for the purpose of covering the mortgage expense, 4) the value to the spouse in possession of the use and occupancy of the marital home, 5) the value of the use and possession to the spouse not in possession, 6) the spouse entitled to claim tax deductions for mortgage or real estate tax payments on the home, 7) whether a spouse will have to pay a capital gains tax on the sale of the marital home and 8) any other factor necessary to do equity and justice between the spouses.

A typical situation where setoffs apply in the sale of the marital home involves a spouse who has been awarded use of the marital home during the pendency of the divorce.   That spouse makes the mortgage payments until the house is sold and wants credit for making the other spouse’s share of those payments during that time.   The other spouse objects by saying that the spouse in the home should be required to pay rent on the property in the amount of the mortgage for having been given the exclusive use of it.

It is a bit of a complicated matter.   The judges try to be fair to all involved, but there are a lot of factors to be considered.

Bottom line:   Your property rights are important.  Contact an expert Tampa divorce lawyer for advice on whether you are entitled to a credit or setoff upon the sale of the marital home in your Florida divorce.

Often times a challenging issue for parents to understand is how the court will assess the decision making or parental responsibility roles of the parties in regard to their children.  Florida Statute 61.13 provides that “the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.”  Thus, in most circumstances the parents will share the decision making responsibilities for the children. 

When moving through the divorce process and creating a parenting plan, the parties, along with their family law attorney, work to reach an amicable settlement on the terms of parental responsibility.  Areas of responsibility may include education, health care, and any other responsibilities that are unique to a particular family.  Florida law provides a presumption that the parental responsibility for minor children should be shared by both parents.  As such, this area of the divorce has high probability of the parties reaching an amicable settlement.

In the event the parents cannot reach a settlement on the terms of parental responsibility than the court will make the final decision.  Pursuant to Florida Statute 61.13, the court, at a final hearing, may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child.  Further, if it is in the best interests of the minor child, the court has the discretion to order sole parental responsibility for a minor child to one parent.

By understanding the analysis of the parental responsibility aspect early in a Florida divorce, a party can begin to create one aspect of a parenting plan and hopefully avoid any undue stress and expense of unnecessary litigation.

The most common type of forgery involves signing a spouse’s name to a credit card application.  Let’s suppose that at the time of the divorce the credit card carries a balance of $5,000.  The spouse who ran up the debt will be responsible for all of it.  The rest of the net worth of the divorcing couple will be divided basically evenly unless there are other extenuating circumstances.

So how do you prove the forgery?  Any expert Tampa divorce lawyer will have access to handwriting experts who are highly trained and qualified to testify in court as to the authenticity of a signature.  Most of these experts are former police detectives who were trained while on duty so that they could conduct criminal investigations.

Forgery occurs during marriages more often than you would think.  If that is part of your divorce scenario, contact an expert Florida divorce lawyer to guide you on how to preserve the evidence and how to make sure that you don’t pay for your spouse’s unauthorized spending.

Bottom line:  Look closely at the debts that your spouse says are marital.  Some of them may not be.

In a Florida Divorce a marital settlement agreement encompasses all of the terms and/or conditions of the parties divorce settlement.   These terms include the equitable distribution of the marital debts and assets, the support obligations of the parties, and other miscellaneous factors which the parties may agree to.  Typically any conditions regarding the parental responsibility and timesharing schedule (what used to be referred to as "custody") of the parties’ minor children are not contained in the Marital Settlement Agreement, but rather are found in the parties parenting plan.  The parenting plan is however, attached as an exhibit and will be referenced in the marital settlement agreement.

The marital settlement agreement provides the parties with a vehicle to reach an amicable settlement in lieu of further litigation.  Often times, a marital settlement agreement is reached at mediation, where the parties, along with their Florida divorce attorneys, work together in order to draft the marital settlement agreement incorporating each of the respective terms and conditions.  Once the parties have reached, memorialized, and entered into the marital settlement agreement the divorce has settled and the parties only await a Final Judgment of Divorce by the court.  In the event the parties are unable to come to terms on the conditions of the marital settlement agreement, then further litigation will ensue and the divorce case will likely move toward a contested final hearing where the court will decide and adjudicate the rights of the parties.

It is important for a party in a Florida divorce to understand the impact the marital settlement agreement will have and the binding affect on the parties.  A marital settlement agreement is a contract and once entered into by the parties, it’s terms and conditions becoming binding and are subject to the enforcement powers of the court.  In the event a party does not comply with the conditions of this contract they may subject themselves to the court’s enforcement powers, including the court’s power to compel compliance the conditions, and the court’s power to sanction them for contempt.  Because of the immediate and future impact the terms and conditions of the marital settlement will have on the parties it is imperative that your Tampa and or Florida divorce attorney is skilled in the areas of not only negotiating but drafting the marital settlement agreement.

Reaching these terms and conditions can be established in two primary ways.  Either the parties through the assistance of a Tampa divorce attorney can establish the parenting plan via their divorce settlement, or in cases where the parties are unable to reach an amicable agreement a judge will establish their respective rights in regard to the minor children by way of a court ordered parenting plan, which is contained in a Final Judgment of Dissolution of Marriage.  Once the Parties have reached, memorialized, and entered into a parenting plan the terms and conditions become binding on the parties and are subject to the enforcement powers of the court.  Similarly, in the event the parties are unable to come to terms on a parenting plan and the court has entered an order, that order concerning the minor children is subject to future enforcement by the court.

In an effort to help the resolution process and help the parties enter into a parenting plan many parties to a divorce use the assistance of mediation.  Additionally, in some uncontested divorce cases the parties are able to reach the terms and conditions regarding parental responsibility and timesharing with their children before filing for divorce and only need the assistance of the divorce attorney to properly draft the parenting plan and ensure that the terms are memorialized in the agreement.  In any event, because the conditions of your settlement regarding your minor children are of the upmost importance and will have a lasting affect, your Tampa divorce attorney should be skilled in the areas of not only negotiating, but drafting the parenting plan agreement.

There are many factors which affect a Florida divorce: the length of the marriage, the number of children, the amount of the assets and liabilities, the income of the parties and many more.  Since the country’s economy has been in an economic recession, we now need to add that factor to the list.

In recent months, our Tampa divorce law office has experienced an increase in delinquent child support, domestic violence, but a decrease in the number of filed divorces.  It reminds us of stories that we heard about the Great Depression.  Back then, it was said that people delayed divorcing until the economy turned around so that they could better afford the cost of filing fees, divorce lawyers and expert witnesses.  The quirkiest story I heard was of a couple that shared the same bed but hung a shower curtain down the middle of the bed.  They wanted to remain physically separate while they waited for the economy to change so that they could afford a divorce.

The most common of the changes is that of the increase in child support delinquencies and modifications of child support orders.  Unemployment is now at the highest in most of our lifetimes.  Many people paying child support have lost their jobs.  This results in one of two things: reduced child support payments or no child support payments at all.  The best way to handle this situation is immediately to seek a change in the child support order to reduce the amount of the monthly child support payments.  Since the courts generally don’t modify child support back earlier than you ask for it, it is very important to file a pleading with the court asking for the change as soon as the circumstances call for it.

The worst thing to do is just to stop paying your child support obligation.  Judges don’t like it when you ignore their orders.  They can punish you in your wallet or by jail time.  The worst recent story involved a man who was so stressed by his mounting child support delinquency and his ex wife’s attempts to collect the money that he murdered her, drove to the peak of the Sunshine Skyway Bridge over Tampa Bay, lit her body on fire in the trunk of his car and dove to his death.  Thankfully, most problems of this nature are handled before the emotions reach that level.

If there is a delinquency in support payments, contact an expert Tampa divorce lawyer immediately to discuss the most effect and least costly methods of solving the problem.

The short answer is that, of course, you can.  The better answer is that you shouldn’t.

Any person can go to court without a lawyer in any legal matter.  That applies to everything from small claims court to defense of a first degree murder charge.  But the more important the issues, the less intelligent it is for you to do that.  For instance, if you are charged with a parking violation, you may be safe to represent yourself.  If you are charged with a serious crime, you wouldn’t want to risk years in prison by having an amateur defense.

Let’s look at what is at risk in divorce case.  If you have children, obviously all of the contact you will have with them until they are adults is at risk.  Everything that you own is at stake.  If you are the higher wage earner, your income is at stake in a potential alimony claim.  The Florida divorce lawyers in our office have frequently had to help people clean up the mess that they have unintentionally made as they represented themselves in family court matters before coming to us.  It is often more expensive to fix the problem than it would have been to handle it initially.

Even if you and your spouse are pretty sure of how you want to settle all of the areas of dispute, you still are at risk of drafting an agreement that doesn’t do what you think it does.  The best divorce lawyers in Tampa have all experienced many cases where people come to them to fix problems which have been created by poor draftsmanship in the agreements they reached with their spouses.  The most serious involve disagreements as to the meaning of the language of custody provisions within a marital settlement agreement.  Other serious problems occur with division of property and especially with the division of retirement plans.

When you consider what is at risk, representing yourself in a divorce should not be considered as an option.  I am frugal as to spending my own money, but when it comes to important things like filing my taxes or dealing with medical or dental issues, I let the experts handle things.  When it comes to a Florida divorce, you will have more peace of mind that you have done things the right way if you retain an expert Florida divorce lawyer to help you through the process.

Bottom: Always use a lawyer if you are in a divorce proceeding.  The risks of being stuck with a bad outcome and having to spend a great deal of money to change it are too great.

You have decided that your marriage is broken and can’t be fixed.  You have hired an expert Florida divorce lawyer and provided endless details of information about your financial and personal matters.  Your divorce lawyer has collected volumes of detail about your spouse’s income and assets.  Your deposition has been taken as well as those of your spouse and all the witnesses in the case.  When and how do you decide to settle the case without going to trial?

There are many considerations to think about before deciding to resolve your Florida divorce.  First and foremost, you must have all of the information about every aspect of your finances and parenting skills and those of your spouse.  You must also have explored what expert witness are needed to provide information to the court and followed up to get that information.

Only when you have all of that information are you able to make the important decisions in reaching a final resolution with your spouse.

Next you must weigh many other factors which are personal only to you and your needs.  How anxious are you to end the controversy?  Are you willing to wait and let the judge decide all or some of the issues?  Can you afford to fully litigate the case?  Will you be spending more to go to trial over an issue than you would gain if the court rules in your favor?  Have you fully explored with your expert Tampa divorce lawyer all of the possibilities of what the judge might rule?

Only when you have done all of this work are you ready to make the decision of whether to settle your Florida divorce.

Bottom line:  Let your Florida divorce lawyer guide you through the process of deciding when to settle your divorce.

If you have begun your Florida divorce or are even just thinking about divorce, you may have heard that it is a bad idea to leave the home.  Often clients appear in the offices of expert Florida divorce lawyers and tell them that their friends have advised them not to leave their homes.  The friends have told them that they give up their rights to the home if they leave before the divorce is final.

That is absolutely not true.  When it comes to rights to the home, it doesn’t matter who is staying there at the time of the divorce.  The value of the house is just a number on the property division chart.  It is no different than the value of a bank account.  The value doesn’t change just because you have moved out and it doesn’t go into your spouse’s column in property division just because your spouse is living there and you are not.

There is one big caution, though.  If you have children in the home, the rules are entirely different.  You will have a difficult time telling the judge at trial that the children should be in your care most of the time after you have spent six months away from them while they stayed in the home with your spouse.  So keep in mind that the freedom to leave the home applies only to the property rights aspect of your divorce and not to the child custody part.

Bottom line: Unless there are child custody issues involved, you are not penalized by leaving the marital home in your Florida divorce.

People going through a Florida divorce frequently ask Florida divorce lawyers if they will lose their health insurance if they get divorced.

Usually this situation involves the person who is reliant on the other spouse for health insurance.  Typically, the other spouse carried the insurance for the family through work.  What happens if you get divorced and no longer qualify for the spousal coverage under the employer’s plan.

A federal law called “COBRA” requires that your present insurance company cannot reject you from coverage for three years after the divorce.  They are required to give you exactly the same coverage as you have now.

A problem is that the cost of the coverage may be higher because you are no longer getting the family coverage discount which is less per person than if there were just one person on the policy.  Additionally, the employer may presently be charging you less than the actual cost as a benefit to the employee.  They will no longer do that when you are no longer related to their employee.  One small additional increase (less than ten percent) in the premium is a result of the fact that the law allows the insurance company to charge you a premium of slightly higher than the employer is paying.

Bottom line:  Talk to your Tampa divorce lawyer and your insurance company about the cost of health insurance before you reach a final settlement of your Florida divorce.

© Copywright 2009 by Stann Givens

Your expert Tampa divorce lawyer tells you that your spouse’s attorney wants to take your deposition.  What do you need to know before that happens?  A deposition is just a session where the other lawyer asks you questions well ahead of the scheduled trial in your case.  Here is a list of what to do and what not to do:

1. Tell the truth.
2. Review all of your notes ahead of time.
3. Meet with your lawyer ahead of time to go through what may be asked.
4. Even though at a deposition you are just in a room with your spouse, the two lawyers and a court reporter, act like the judge is there with you and treat everyone with respect.  Do this even though someone else is being rude.
5. Listen to the question.  That may sound simple, but many people think they know where the questioner is going and decide on an answer midway through the question.  Sometimes that’s not the right answer.  If you don’t understand a question, say so.
6. Just answer the question.  Don’t expound.  Don’t give an opinion that is not asked for.  If your Florida divorce lawyer wants you to expound on an answer, your lawyer will get a chance to ask you to do that after the other lawyer is finished with questions.
7. Remember that you know the answer to all the questions.  That is because one answer is, “I don’t know.”  If you don’t know something, it is ok to say that.
8. Don’t bring notes with you.  You are just going to be asked what you remember.
9. Don’t joke.  Sometimes that makes you look like you are not taking the court system seriously.
10. Relax!  When your deposition is over, you are one step closer to getting on with your life.

© Copyright 2009 by Stann Givens

Benjamin Franklin said, “The only two sure things are death and taxes.”  When you are going through a divorce in Florida, you must remember that there are tax consequences to certain parts of it.

Suppose that you bought some rental property with your spouse a few years back and it looks as if you are going to get the property as part of a settlement proposal from your spouse’s expert Florida divorce lawyer.  Of course you will consider the amount of mortgage debt that is on the property when you analyze what the property is really worth to you, but you need to be aware of a hidden debt.  The amount by which the property has increased in value since its purchase will be subject to capital gains tax (currently 15%).  There will be no tax due at the time of the divorce, but when you later sell the property you will have to pay that tax.

For that reason, you may not wish to put that property in your column on the property division balance sheet.  If your spouse is not willing to factor that debt into the equation, then your expert Tampa divorce lawyer may suggest that your spouse get that property and you get something else that has no future tax burden.

Bottom line:  Your Florida divorce lawyer can help you look at all of the tax factors involved in the property division aspect of your divorce.

© Copyright 2009 by Stann Givens

Florida divorce lawyers typically charge by the hour for what they do.  In order to save their clients money, they make use of paralegals to perform some tasks.

A paralegal is someone who has gone to school to receive training in assisting lawyers with legal research, drafting of court documents and preparing a case for presentation to the court.  Obviously, paralegals cannot give legal advice and must work under the direction of a lawyer.

One way that expert Tampa divorce lawyers use paralegals is to have them perform the initial work in preparing a financial affidavit for use in a dissolution of marriage case.  They take the account statements and other documents provided by the client and place the information in the proper locations on the financial affidavit.  By doing this, the lawyer need only review the work for accuracy and spend far less time on the task than otherwise would be spent.  Since the hourly rates of paralegals is far less than those of lawyers, the savings can be significant.

Paralegals also are very effective in making initial drafts of court documents and correspondence so that there is money saved in those tasks as well.

Bottom line:  Use of paralegals by Florida divorce lawyers can save substantial money in your divorce.

© Copyright 2009 by Stann Givens

For many years, the only way to get your marriage dissolved was to have both spouses hire expert Florida divorce lawyers and battle it out tooth and nail.  In these more modern times, things have gotten a lot more creative and a lot more helpful to those going through the agonizing breakup of a relationship.  There are several FLORIDA DIVORCE ALTERNATIVES.

An easy, fast and cheap divorce comes from the notion of having a FLORIDA UNCONTESTED DIVORCE.  You don’t even need to involve two lawyers.  One of you can go to a lawyers office and get advice, then work out the practical details with your spouse and then have the lawyer put it all into “legalese” and make sure that the paperwork is all processed correctly.

FLORIDA COLLABORATIVE DIVORCE is another option.  In collaborative divorce, you both agree in the beginning that you will not go to trial, but will work it all out amicably.  You guarantee that this will occur by agreeing to fire the lawyers involved in your negotiations if they are unsuccessful in bringing you to an agreement.

The most common way of ending the uncomfortable divorce process these days is to engage in a FLORIDA MEDIATION.  This is where the parties and their lawyers meet with a third and independent Florida divorce lawyer who pushes both sides toward settlement of their differences.

Another Florida divorce alternative is the FLORIDA PRO SE divorce.  These means that the parties represent themselves and do not hire lawyers.  We often meet with a spouse who is handling the divorce without a lawyer, but wishes to get advice on the law, strategy and procedure before reaching a final agreement with the other spouse.  After all, it is very difficult for someone inexperienced in the law of divorce to competently handle all of the issues without some help.

Bottom line:  There are many FLORIDA DIVORCE ALTERNATIVES.  Check with a Florida divorce lawyer to see which option is best suited to your situation.

© Copyright 2009 by Stann Givens

When you have your first conversation with your expert Tampa Bay divorce lawyer, the subject of paying for the services will, and should, come up.  A number of lawyers charge non-refundable fees as a requirement for retaining them to represent you.

A non-refundable retainer fee is just that.  No matter what happens you will not get that money back.  Sometimes people reconcile after hiring lawyers to start a divorce.  Sometimes people find out that they don’t have a good personality fit with their lawyers.  Other times, both sides come to a quick agreement in far less time and with far less effort spent by the lawyers than originally expected.  The case is over and you have paid far more than enough to compensate the lawyer at a reasonable hourly rate, but you don’t get any of your money back.

All Florida divorce lawyers with any experience at all are going to charge some form of retainer to begin your divorce.  There is certainly nothing unfair about that.  But go with the ones whose retainers are refundable.  These are basically just fee and cost deposits into your account at their offices.  If they do the work and spend the time, they get paid from the account.  If there is money left when the case is over, you get it all back.

With the money you get back, you can use it to improve your life after divorce.

Bottom line:  Don’t pay your expert Tampa divorce attorney a non-refundable retainer.

© Copyright 2009 by Stann Givens

Quite often expert accountants are used by Florida divorce lawyers to assist in the representation of their clients who are going through the family law process.  They are certainly not needed in every case, though.

If you have a marriage where there is a significant difference in the income of the two spouses and the spouse with the lower income needs permanent support, temporary support or even just help getting back into the job market, you may be headed for a dispute over alimony.  If your marriage involves ownership of all or a portion of a private business, you may be headed for a dispute over its value.  In both of these situations, it is often more persuasive to the court for your expert Tampa divorce attorney to use a forensic accountant to give an opinion to the judge as to your standard of living or the value of the business.

Even if your lawyer has substantial experience in proving the marital standard of living and investigating the value of business, the lawyer cannot be a witness in your divorce trial.  It is often well worth the cost involved to hire an expert accountant to analyze the numbers involved in either situation and express an opinion to the court on those subjects.  Your experienced Tampa divorce lawyer will know which accountants have appeared before, and are considered experts in their field by, your local judges.  They will have worked together in the past and have a plan of attack for showing the judge the best evidence to support your position.

Bottom line:  It is often in your best interest to have your Florida divorce lawyer bring in an accountant to help in supporting your case.

© Copyright 2009 by Stann Givens

You have an appointment with the best family law attorney in Tampa Bay.  How do you make the most of your limited time in the consultation?

Hopefully, you have prepared a written list of assets, debts, income and expenses for both you and your spouse.  After you provide the expert Tampa divorce lawyer the history of your marriage and hear the explanation of the law and the process, you should have a chance to ask questions.

How much will this cost?  Are you recognized as an expert divorce lawyer by the Florida Bar by having earned Board Certification in Marital and Family Law?  What can I be doing to improve my child custody chances?  How will the marital and non-marital assets and debts be divided?  How much child support will be paid?  How much alimony and for how long?  Will one of us have to pay the other's attorney's fees?

We have all written notes to ourselves so we don't forget to ask a question at our next doctor's visit.  Do the same with you divorce and child custody lawyer.

Bottom line:  Some advance preparation can help you get the most out of the meeting with your Florida family law attorney.

© Copyright 2009 by Stann Givens

Before you see your divorce lawyer for the first time, there are some things that you can commit to writing that will help in the initial consultation.

You should start with a list of all marital and non-marital assets, debts and income for both you and your spouse.  A history of your marriage would also be helpful.  It should include the date and place of marriage, all of the jobs either of you has had (including dates), anything either has done which could be considered a sacrifice for the benefit of the marriage, any affairs, medical or psychological problems, ages and activities of your children (including what role each parent plays in their lives) and what your vocational and other plans are for the future.

If you have an appointment with an expert Tampa divorce lawyer and are able to provide this information at the first meeting, you will save time and money and get the most out of your visit.

Bottom line:  Writing out the details of your marriage will be helpful to your Florida divorce attorney at your first meeting.

© Copyright 2009 by Stann Givens

© Copyright 2009 by Stann Givens

© Copyright 2009 by Stann Givens

We are frequently asked if it is okay to date someone while a divorce is pending.

Florida is a no-fault state and even if you date during the marriage it does not affect the legal outcome of your divorce with one notable exception.  If you spend marital money on a date, the court may give your spouse the same sum of money before the court divides the rest of your property during the property distribution.

Equally important as the legal rules of your divorce are the strategy considerations. I'll explain. Although there is nothing legally wrong with you dating someone while you are going through the divorce process, you may not wish to do so.  Expert psychologists have verified that, in a divorce, your spouse wants you to feel just as miserable as your spouse feels.  If your spouse sees that you are happy in a new relationship, it may be very difficult to negotiate with that spouse to reasonably settle your case.  Your spouse may have the tendency to try to drag the case out.  When that happens, you spend substantially more in attorneys fees and costs getting to the conclusion of your divorce and on with your life.

Bottom line:  From my experience as a Tampa divorce attorney, it is legally okay to date during your divorce, but don't do it.

© Copyright 2009 by Stann Givens

Most people think that the time to talk to a lawyer for the first time about a divorce is when they have finally made up their minds to file the court papers and start the process or when they have received the court papers filed by their spouse.  Sometimes that may be too late.

Let me start with kind of a silly example.  Most of us in this country have never played a game they play in England and other countries called cricket.  If someone were to invite you to play cricket next weekend, you would probably want to take the time to have someone explain the rules to you.  It's the same, and much more important, in divorce.

There are many financial moves which should be avoided if you think there is a possibility of becoming divorced.  For example, if the house that you owned in just your name before the marriage needs refinancing.  You may just place the house into joint names and have your spouse join with you on the new mortgage papers as a normal routine of the refinancing process.  Only later do you find out that you may well have donated to the marriage the equity you had built up individually in the home.

There are also thing you may wish to monitor so that you know if your spouse is rearranging assets in anticipation of divorce.  Sometimes by the time the divorce papers are filed, it is too late to undo the damage.

A consultation with a divorce lawyer is confidential and can save you a lot of future heartache.

Bottom line:  From my experience as a Tampa Property Rights Lawyer, if you think that there is even the possibility that your marriage is heading for a divorce, consult with a qualified divorce lawyer as soon as possible.

© Copyright 2009 by Stann Givens

It used to be that you had to say bad things about your spouse in order to get a divorce.  You had to accuse your spouse of abandonment, adultery, physically abuse, mental cruelty or some other harmful act.

The state of Florida decided many years ago that requiring you to sling mud at your spouse in order to get divorced was not a good idea - especially when there are kids involved.  They determined that spouses with children were going to have a difficult enough time co-parenting after the divorce without first having to go through a legal brawl just to prove that the divorce should take place.

They changed the law to require only a statement that the marriage is "irretrievably broken" in order to get a divorce.  That is, the marriage is broken and can't be fixed.  It only takes one of the spouses to say it in order for it to be so.  If your spouse tells the judge that the two of you could go to counseling and work out the marriage, but you say that counseling won't work, the judge will tell your spouse, "I'm sorry ma'am, but he says the marriage is irretrievably broken and therefore it is."

When they changed that law, they also changed the name of the process from "divorce" to "dissolution of marriage".  Nowhere in the Florida Statutes is the word "divorce" used anymore.  People (even lawyers and judges) still call it "divorce" because that has fewer syllables and is easier to say, but the proper term is "dissolution of marriage".

Bottom line:  From this Tampa Divorce Attorney, to get divorced in Florida, only one spouse needs to say that the marriage is broken and can't be fixed.

© Copyright 2009 by Stann Givens

Most of us have known a relative or a close friend whose marriage is breaking up.  During those times they may come to you for moral support.  What do you do?

In addition to just listening to them and being someone to lean on, there may be more help that you can provide.

We often meet with friends and relatives of people going through a marriage breakup to answer questions they have about the divorce process.  Many times parents of a divorcing spouse will seek advice from us as to how the court system will handle the dispute involving their grandchildren.  Other times, friends with intimate knowledge of someone's finances will air their concerns as to the best way to protect assets.  Gaining knowledge of the law and the procedure involved in a divorce can make you a valuable asset to your friend or relative when it comes time for that person to plan a strategy for negotiating a settlement.

If an asset is being overlooked or if you have questions as to the difference between what you have heard from a divorce lawyer and what you hear from the divorcing spouse as to how the matter will be resolved, speaking up could save your friend or relative from making a mistake.

The bottom line from this Florida Divorce Attorney is that relatives and friends of people going through a divorce sometimes come to us for advice so they can be of help.

© Copyright 2009 by Stann Givens

A question we typically ask our clients at the initial consultation is, "Are you seeing someone for individual counseling?"  If the answer is, "No", then we talk about the benefits of doing that.

As anyone who has been through it can tell you, divorce is a stressful, life-changing process.  Think about it, you are dividing all of your worldly possessions and beginning a new and different relationship with your children.  Life doesn't get any more stressful than that!

Even folks who come to us having worked out all of the legal details of how to divide property and how to create a parenting plan to care for their children have been through the devastating process of ending a relationship that they thought at one point would last forever. 

If your marriage is at a place where you are even thinking of consulting a divorce attorney, you should be talking to someone about the emotional changes in your life.  Obviously the best choice is an experienced mental health professional.  If you don't know one, your lawyer can recommend someone.  If you cannot afford one, you may look to a religious institution or other social service agency for free or financially assisted support.  If you don't want to do that, have some deep conversations with a personal friend or a brother or sister.

Bottom line from this Florida Family Law Attorney:  A marriage breakup is hard on you.  You don't have to go through it alone.

© Copyright 2009 by Stann Givens