At the initial consultation, I will provide a perspective client with a checklist of all documents that will need to be produced. Every party to a divorce proceeding is required to file a financial affidavit of their assets and liabilities. Additionally, the parties will be required to produce their tax returns, their payroll and earnings…
Equitable distribution is the method by which the courts divide up the marital assets and liabilities of the parties. The first thing that the court will do is determine whether a particular asset or liability is martial or non-marital in nature, after which the court will divide the marital assets and liabilities between the parties…
Marital Settlement Agreement is the written document evidencing the agreement of the parties as to the issues involved in their particular case. It would address the issues of parental responsibility, time-sharing, child support, equitable distribution of assets and liability, spousal support, the payment of attorneys’ fees and suit moneys and any other issues that are…
Florida law makes provision for constructive service by publication. Before doing so, a party will have to conduct due diligence in their search for the whereabouts of their spouse. They will be required to contact friend, relatives, employers, go through social media, contact the utilities, hospitals, and jails, and then file an affidavit with the…
Florida is a no-fault state. There are only two grounds for divorce in the State of Florida. The first is that the marriage is irretrievably broken. It is only necessary for one party to allege in the petition that the marriage is broken and a divorce will be granted. Should the other party deny that…
Termination of parental rights is typically associated with an adoption. It is rarely seen in a divorce proceeding as custody is oftentimes an issue. Before agreeing to the termination of parental rights, I would consult with an attorney. The termination of parental rights will also result in the termination of any financial obligation to pay…
Mediation is a settlement conference attended by the parties and their attorneys and which is conducted by an impartial third party known as the mediator. There is no set format for how a mediation is conducted. Generally the parties and the mediator will meet in a joint session for a few minutes, whereby the mediator…
Yes, if there has been a dissipation of marital assets to support or entertain the paramour, provision will be made in the distribution of the assets at the time of final judgment. Should a spouse abandon the marriage and seek the comfort of a paramour, her or she does not have clean hands and will…
That varies from case to case. I typically charge an hourly rate in the dissolution proceeding. I will initially meet with a potential client and get a detailed history of the marriage. I will get a feel for the complexity of the issues and for the expectations of the potential client. Based upon the amount…
Shared parental responsibility is presumed to be in the best interest of the child. That doesn’t mean that the child is going to spend 50% of the time with Mom and 50% of the time with Dad. It means that the parents are going to share in the decision-making process affecting the major decisions in…
