Divorce
Things You Should Be Aware of Before Selecting a Divorce Attorney
Once you have decided to part ways with your spouse, is critical to find an experienced divorce attorney in Davie. To make sure that you are dealing with the right lawyer for your case, there are a few things you shouldconsider, such as: Experience: It is most important that you are working with an attorney that deals primarily with divorce and family law matters. Divorce law is complex and you should only work with someone who is focused on family law. An easy way to determine that is to ask what percentage of their cases are family law related. Fee: For many people, how much divorce attorney in Davie charges will impact their ability to hire them. While you never want the “cheapest” person to represent you, some attorneys charge much more than others. Just as important is how much time they may take to handle certain matters. Asking questions like, “how much is your retainer?” or “how much does a case like mine usually run?” can be an effective guide. Connection: Perhaps the most important aspect for hiring a divorce attorney in Davie is how much you like them. You will need to trust your lawyer completed, and a connection is an important part of that process. Your attorney must know how and when to empathize,when to be firm with you, and when not to say things that can cause...Weston Florida Collaborative Divorce Attorney
THE COLLABORATIVE PROCESS “IT IS THE POLICY OF THIS STATE TO ENCOURAGE THE PEACEFUL RESOLUTION OF DISPUTES AND THE EARLY RESOLUTION OF PENDING LITIGATION THROUGH A VOLUNTARY SETTLEMENT PROCESS” The above quote is from the Florida Collaborative Law Process Act. It is probably somewhat contrary to what many of you or friends or family have experienced while going through a divorce. Everyone has heard the “horror stories” of endless litigation and exorbitant fees. There is in fact a way to possibly avoid those issues, by using the collaborative process. It is defined as “a unique non adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation”. There are some definite rules that must be followed and not every case is suited for the collaborative process.“As part of this non adversarial and voluntary resolution of disputes, lawyers who engage in the collaborative law process in a family law matter, and any other lawyers in that lawyer’s firm,may not afterwards represent any party in any related proceeding except to request that a court approve the settlement reached during the collaborative law process or in specified emergency situations in accordance with family law court rules.” As stated above, if for some reason the collaborative process “breaks down” and litigation becomes the only alternative, the collaborative attorney must withdraw from representing his/her client. Therefore, if the process is not successful, either a new attorney must be retained, or the client can represent his/herself. One attorney cannot represent both parties. In addition, both parties must agree to use the collaborative process. The goal of the...The Reality Of Equal Time Sharing
As the law stands today, equal time sharing is not presumed to be in the best interests of the children in all situations. I will however state that it is becoming the norm, rather than the exception. It is believed that frequent contact with both parents will result in better adjusted child. Of course, every case is different and as such, it is difficult to have a set rule for all cases. Parent’s work schedules, travel schedules and locations should be considered. A parent who must leave for work prior to a minor child having to wake up for school, could present a problem. A parent who does not have a set schedule such as pilots or firefighters also require some planning. Parents who choose to live a distance apart can also complicate the situation. Of course, the other factor which is always considered is child support and how equal time sharing affects the monthly amount to be paid. Child Support in Florida is based upon several factors, one of which is the number of overnights a minor child spends with each parent. An equal time-sharing schedule will result in a reduced amount of support, since it is presumed that each parent will have significant “out of pocket” expenses if each has an equal amount of time with the child. This concept of equal time sharing has existed for several years now. I have recently met with prospective clients who seem to share the same issue. A parent has equal time sharing pursuant to their Parenting Plan, but in reality, the parent is not actually exercising his/her 50%. The...How To Define Income During Dissolution Of Marriage
How To Define Income During Dissolution Of Marriage In a Dissolution of Marriage the couple’s finances are usually the main issue in the case. Finances are considered in determining the division of assets and liabilities (equitable distribution), child support and alimony. In most instances determining a spouse’s income is not very difficult. Tax returns, w-2’s and pay stubs can assist in determining a person’s yearly income. However, not everyone is a salaried employee who gets paid on either a yearly salary or standard 40 hour work week. There are many people who work on commission or have a large part of their income paid in either quarterly or yearly bonuses. So are these bonuses income? How do we determine income when a bonus is not guaranteed or a commissioned sales person cannot predict how his year will be? In determining child support each parent’s income must be considered to calculate the monthly support. It cannot be recalculated each month depending on an individual’s income which may vary based on sales totals or bonuses. Income is actually defined by Florida Statutes as follows: 1. Salary or wages. 2. Bonuses, commissions, allowances, overtime, tips, and other similar payments. 3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income. 4. Disability benefits. 5. All workers’ compensation benefits and settlements. 6. Reemployment assistance or unemployment compensation. 7. Pension, retirement, or annuity payments. 8. Social security benefits. 9. Spousal support received from a previous marriage or court ordered in the marriage before the court. 10. Interest...The Concept Of Divorce Planning
Over The past year or so it has come to my attention that many couples who are considering a dissolution of marriage from their spouse are attempting to initiate the process in a more civilized manner. Instead of retaining an attorney and filing for the dissolution they first seek to try and resolve it by reaching an agreement. This process obviously has many possible advantages. It is obviously less costly, since the costs of litigation can be expensive and it usually leaves the couple on much friendlier terms after it is finalized. Most importantly the couple is able to decide what is best for them and what is best for their children. I am not suggesting that this process can work in all cases, but there certainly seems to be a movement towards this manner of resolution. A couple who wishes to resolve their marriage by negotiation should deal with each other in good faith. If there are hidden assets or attempts to gain an advantage in the negotiation, a fair and equitable resolution will not be reached. In some relationships one party may be the person in charge of finances and as such may have greater knowledge of the financial position of the parties. It is important to understand that once an agreement is signed it is binding on both parties and very difficult to set aside. A settlement without all the information and without proper advice can often lead to inequitable results. I suggest that even if it is the intention of both parties to settle their dissolution without litigation it is still beneficial to retain an...Holiday Cheer
Most people think of the holiday season with gleeful anticipation of time with family. For couples who have been through a divorce, the holiday season can often be a very stressful time. This stress can also be felt by the children of a divorced couple.
Family Law
1655 N Commerce Pkwy
Suite 202
Weston, FL 33326