How to get a divorce.

Obtaining a divorce, formally called a Dissolution of Marriage, in the State of Florida can range from extremely simple to quite complex depending on the issues involved in the case.  The initial requirements are that you must be a resident of the state of Florida for at least six months prior to the date you file your Petition for Dissolution of Marriage and your marriage must be irretrievably broken.  If you live in another state, but your spouse has resided in Florida for at least six months, you can file in Florida and your spouse’s residence will be able to satisfy the residency requirement.

Presuming that both you and your spouse reside in Florida, you would commence the proceedings by filing a Petition for Dissolution of Marriage.  The Petition would request all of the relief that you may be entitled to and it would request a final determination of several things:  a dissolution of the legal marriage; equitable distribution including property, assets, and liabilities; alimony issues; children’s issues including a timesharing schedule, parenting plan, and any child support obligation from one parent to the other; and any other matters that the Family Law Court has jurisdiction to determine.

Once the Petition is filed, the other side would file an Answer, and perhaps a Counterpetition for Dissolution of Marriage.  The parties would then engage in the discovery process which includes mandatory disclosure under Florida Family Law Rules of Procedure 12.285 as well as other discovery devices such as interrogatories, requests to produce, depositions, third party discovery, requests for admissions, and other types of discovery.  If the parties are in agreement with how the issues in the marriage can be resolved, then most of the discovery and disclosure would not be required.

The parties would attend mediation and, hopefully, resolve their divorce either in full or in part.  If the parties are unable to amicably resolve the issues at mediation or through further negotiations, then the Court will schedule a trial and the Judge would ultimately resolve all issues in the case.  The end result will be what is called a Final Judgment of Dissolution of Marriage which some people call a “divorce decree”.  This document will legally dissolve the marriage and will govern all of the other issues in your divorce.  All parties are required to abide by the Final Judgment and failure to do so, may subject a party to the contempt powers of the Court.  Certain provisions of the Final Judgment, such as child support and alimony, can be modified in Supplemental Proceedings; however, other matters, such as property distribution, are not subject to modification.

This information contained in this post is intended as general information only and not as legal advice nor does it establish an attorney/client relationship.  If you would like to obtain additional information or to schedule an appointment, please contact The Law Offices of Tami L. Augen, P.A. at 561-932-1700 or email tami@tamiaugenlaw.com

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Tami's tip of the week:
February 6-12, 2012

how to reduce child support
how to reduce alimony

If you are unable to pay court ordered child support
or spousal support (alimony) due to economic and
work circumstances, you must file a supplemental
petition as soon as possible.

CLICK HERE for an informational and educational persentation from Tami
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In January 2011, the Florida Legislature made some significant changes to Chapter 61 which will impact child support calculations.  One important change involves the method for calculating child support when one parent spends a significant amount of time with the minor child or minor children of the relationship.  Previously, the law provided that the non-majority timesharing parent received the benefit of what is known as the "gross-up method" when he or she enjoyed at least 40% of the overnights with the minor child.  The effect of timesharing on child support under the prior version of the law, therefore, was minimal.

Now, the law provides for use of the gross-up method when the non-majority timesharing parent spends at least 20% of the overnights with the minor child or children of the relationship.  Theoretically, this is to allow the child support to follow where the child is and allow each parent to have sufficient funds to provide for the child when he or she is in the Mother or Father's care.  Under this version of the statute, there may be a significant effect of timesharing on child support.

By way of example, let's say that the parties' have one child; Mother earns $50,000.00 per year and is entitled to claim the child as her dependent for tax purposes; Father also earns $50,000.00 per year.  Father's child support obligation due to Mother would have been approximately $576.00 per month.  Under the new child support guidelines, if the Father has timesharing where he spends approximately 25% of the overnights with their minor child, his child support obligation would go to approximately $418.00 per month.  However, when the Father is able to enjoy a timesharing schedule whereby time is spent approximately every other weekend, one additional night per week, and dividing holidays, the child support obligation becomes approximately $192.00 per month.  And, once the Father is enjoying almost equal timesharing with the parties' minor child, the child support obligation is reduced even more (i.e. at 40% of the overnights, child support is approximately $147.00; at 45% of the overnights, child support is approximately $60.00; and at 48% of the overnights, the child support obligation virtually disappears).  While this example does not account for any health insurance for the minor child or for child care or aftercare, clearly, the basic obligation is significantly effected by the statutory change.

Clearly, the legislative changes to the child support statute provide an opportunity for both parents to have sufficient funds with which to support the minor child or children when he or she is able to enjoy timesharing.  While this may benefit the non-majority timesharing parent financially, the majority timesharing parent may feel the financial pinch of receiving less child support than he or she may have received under the prior version of this law.   Consequently, the effect of timesharing on child support will depend on the amount of time exercised by the non-majority timesharing parent.

If you are going through a divorce (also called a dissolution of marriage), a paternity case, or a child support modification case and have any questions regarding the effect of timesharing on child support or any other issue, please feel free to contact The Law Offices of Tami L. Augen, P.A..

copyright 2011 Tami L. Augen

You have been served with a Petition for Dissolution of Marriage, Petition for Paternity, or Supplemental Petition for Modification; or, perhaps you need to hire an attorney to help you prepare one of these to serve upon the other side; or, there are post judgment contempt and enforcement matters or modification matters that need to be handled.  Whatever it is, you realize that you need to obtain proper legal representation to help you.  But, what is proper legal representation and how do you find it?

Your search for a Marital and Family Law attorney could certainly be confusing with all of the information "out there".  How do you sift through all of the nonsense and find the person that is right for you?  First, do not open the yellow pages and second, remember that most attorney web sites have become merely expanded yellow page advertisements. 

Next, you will want to begin gathering information.  Seek out family and friends for recommendations and do your own independent research.  In addition to letting you know what to look for, I want to help you know what to avoid.  Once you get some names of potential family law attorneys that you would like to gather more information on, then, go to that attorney's web site. 

CAUTION:  What do you see there?  Do you see credit card logos on the web site pages?  Do you see information that the attorney or firm is willing to make payment arrangements with you?  Do you see that the attorney is willing to give you a "free" initial consultation?  WATCH OUT!   These are sales and marketing tactics and do not provide you with any information about the qualifications of the attorney or the quality of legal services that you should expect from the Firm.

TIP NUMBER ONE:

MAKE SURE THAT YOU ARE COMFORTABLE WITH THE ATTORNEY FROM THE START

When you pick up the phone to call an attorney's office, you are taking the first step down what may be a long road.  From the moment you call the attorney's office, you should get a sense that your call is important and that the attorney and his or her staff are a team who is there to assist you.  Ask yourself: 

            *  Are you comfortable with your initial contact with the Firm?

*  Did you have a good first impression?
            *  Were you provided with the information that you need?  
            *  Were you provided with an appointment date and time promptly?
            *  Will you be seeing the partner or main attorney that will work on your case?

One thing that you should be aware of, many attorneys will not provide quotes for retainers over the phone.  There are many reasons for this.  Personally, I need to meet with the person, see about the dynamics of the case, ascertain the relative financial positions and needs of the parties, and then make some initial determinations.  I actually have plans in my office where we will conduct an entire divorce proceeding for a low, flat rate plus the cost of filing the Petition for Dissolution of Marriage.  This plan is not workable for everyone, but, if I do not take the time to meet with you and ascertain your particular situation, then you will never know what your options are.  So, do not be concerned if you do not receive an immediate retainer quote during your first phone call to the Firm. 

CAUTION:  If the law firm or attorney that you call provides you with an initial retainer that seems low, WATCH OUT!  A law firm that is merely trying to get people in the door can tell you any retainer just to appear to be more affordable than all the other firms, the only difference is, they will go through your initial retainer quickly and then ask for more money from you to keep representing you.  You should look for an attorney that provides you with a realistic expectation of overall costs and fees based upon your particular circumstances.  The old adage "you get what you pay for" holds true in this area as well!

However, do not be too surprised if the highly qualified attorney that you meet with tells you that she is unable to provide you with an estimate of the total fees and costs that you will pay in your case.  This can be dependent on so many factors, the largest one being the stance that the other side is going to take in the litigation.  Your attorney cannot predict this.  But, as the case proceeds and your attorney sees the type of litigation that your spouse or the opposing side is taking, then she should be able to provide you with some further guidance as to the overall financial impact of your case. 

Your initial meeting with the attorney should provide you with:

 

·         An overall understanding of the law as it applies to your case

·        An initial retainer quote along with a discussion of any acceptable payment arrangements based upon your circumstances

·        An understanding of her experience in Marital and Family Law, including how many evidentiary hearings and trials she has conducted

·        A timeline for the first three to four months of your matter

·        An opportunity for you to ask all of your questions

·        An opportunity for you to contact her to follow up with any questions that you may have following the initial consultation

 

When you leave your initial consultation with the attorney, you should feel that you were understood, that the attorney realized what your goals were in terms of the divorce or other family law matter, and that you and your questions were important and will continue to be important throughout the representation.

 

Copyright 2010 Tami L. Augen

Tami L. Augen, Esq. practices in laceName w:st="on">Palm BeachlaceName> laceType w:st="on">CountylaceType> and limits her practice to Marital and Family Law.  She is located in West Palm Beach.  Further information may be obtained at www.tamiaugenlaw.com

Copyright 2010 Tami L. Augen

You are in your home, or perhaps your place of employment, a person that you have never seen walks up to you and asks your name.  He then hands you a stack of papers.  These are no ordinary papers:  they're heavy; they have all kinds of legal jargon on them; and they inform you that if you do not take action immediately, all sorts of bad things are likely to occur.  What do you do?

First, relax, you are probably not suprised that your spouse has gone ahead and filed for a divorce, also known as a Dissolution of Marriage.   Or, that a paternity action has been filed against you.  You probably have about a million things running trhough your mind.  Do not do anything or take any action until you have an opportunity to carefully review the documents and to meet with an attorney. 

Next, contact an attorney who regularly practices Marital and Family Law.  This person will know the law that relates to your matter.  The Law Offices of Tami L. Augen, P.A. limits its practice to the area of Marital and Family Law.  Set up a meeting with the attorney as soon as possible.  The attorney should be able to meet with you within about twenty-four hours or, at the very least, should be able to have a telephone consulation with you.  Remember, you only have twenty (20) days from the date that the process server handed you those papers to get your written response filed with the Court.  If this time limit has passed, please, do not panic, there are many options still available to you and your attorney to handle the fact that the tweny day time limit has passed.

Once you have decided to retain an attorney, she will immediately get to work on your behalf.  She will file an Answer, or other responsive pleading, to the Petition for Dissolution of Marriage or Petition for Paternity.  If you already have a Final Judgment of Dissolution of Marriage or Final Judgement of Paternity, you would have been served with a Supplemental Petition for Modification and your attorney will take these same steps!  After the Answer is filed, your attorney and her staff should work with you to provide what is called Mandatory Disclosure in accordance with the Florida Family Law Rules of Procedure, Rule 12.285.  You will be asked to gather financial documents and to complete a Financial Affidavit.

Many other things will start to take place.  Your attorney will work on gathering documents and information from the other side through a process known as Discovery.  She may take depositions, seek documents from third parties, or ask the other side to respond to written discovery.  Additionally, your attorney will schedule and attend mediation with you.  If you and the other side have a combined total income of less than $100,000.00 you qualify to have mediation conducted at the Courthouse.  If your total combined income exceeds $100,000.00, you will be required to attend mediation with a private mediator.

Finally, you will conclude the process by either reaching an agreement with the other side or you and your attorney may decide that your case needs to be resolved by going to trial.  Either way, make sure that your attorney is highly competent in drafting family law settlement agreements and in taking your case forward to a trial if that is necessary.  Tami L. Augen has conducted numerous complex family law trials for her clients and has settled a vast array of marital and family law cases including divorce, paternity, and post judgment modifications.

Clearly there is a lot for you to learn about this process now that you will be going through it.  Tami L. Augen, Esq. and all of the attorneys and staff at The Law Offices of Tami L. Augen, P.A. are privileged that you have taken the time to review our articles and website.  Please do not hesitate to contact us to schedule an appointment regarding your Marital or Family Law case in West Palm Beach, Palm Beach County, Broward County, Miami Dade County, Martin County and throughout the State of Florida.