Recent Posts in Uncontested 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.

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.

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.

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.

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.

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.

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.

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

© Copyright 2009 by Stann Givens

When you go through a divorce, it is bad enough that you have to reduce your lifestyle because you are dividing your assets by two.  Having to spend money unnecessarily on a lawyer's hourly fees just adds to your woes.

If you and your spouse are able to come to a general consensus of how you wish to resolve your differences, there is a cheaper solution to the cost of attorneys.  It is called flat fee divorce.

It works like this:  Your lawyer agrees to charge you a fixed fee for taking your general notions about settling your case and working them into a written agreement which meets all the necessary court requirements for divorce where you live.

In our firm, our flat fee divorce lawyers represent people all over the State of Florida in reaching these kinds of settlements.  In order to save hassle for you, we can even communicate by e-mail, snail mail or phone to accomplish your needs.  You only have to leave your house once and that is to appear for the five minute hearing where the judge rubber stamps your agreement.

It is important to have a lawyer handle this for you.  Often, if you try to do it yourself, mistakes are made and you may end up paying even more to a lawyer to straighten out your mistakes.  There is just too much at risk to do it yourself.

If you are close to reaching an agreement, contacting a law firm that handles divorces on a flat fee basis is the way to go.

Bottom line from this Tampa Flat Fee Divorce Attorney:  If you and your spouse have a general idea of how to resolve your case, a flat fee divorce can save you money in attorney's fees.

© Copyright 2009 by Stann Givens