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Should I be negotiating on my own?

Posted on October 6, 2016 at 12:25 AM Comments comments (0)

It makes little sense for parties to discuss resolving divorce issues without some perspective regarding how the issue is handled in a divorce. When a spouse suggests some duration or amount for payment of alimony, for example, it is impossible to properly evaluate the offer without a basic understanding of the factors that the court will consider if asked to make the decision. Similarly, a party might compromise regarding alimony for property that would likely be awarded to that spouse.

Parties may be unaware that being omitted from title on a home purchased by a spouse prior to marriage does not prevent a joint financial interest in the house to the extent the home is paid for or improved with income earned from employment during marriage. A spouse who is not listed on title may have a substantial equity interest in the home, especially if it has appreciated in value. If a spouse agrees to a shorter period of alimony than a family law judge would likely award for the exchange of the equity in the family home, the spouse may unknowingly give up something to receive only what they were entitled to receive in the first place.


How Quickly Can I Get A Florida Divorce?

Posted on October 6, 2016 at 12:15 AM Comments comments (0)

Many people are in a hurry to get a divorce in Florida. The reasons vary. But whatever the reason, spouses hope to get divorced as quickly as possible.

Divorce can last for years in some cases. But when parties sign an agreement on all issues, their agreement shorts a long, drawn out process. When that occurs, divorce in Florida can happen quickly.

A final hearing on dissolution can happen in as few as 20 days from the filing of the petition for dissolution of marriage. This can happen even more quickly if the parties can show the court that an injustice may occur by waiting the required 20 days.


What is a Parent Coordinator?

Posted on October 4, 2016 at 11:50 AM Comments comments (0)

The purpose of parenting coordination is to provide a child-focused alternative dispute resolution. A parenting coordinator assists parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education and/or making recommendations. With the prior approval of the parents and the court, a parent coordinator may be involved in making limited decisions within the scope court orders.

The court may appoint a parenting coordinator in any action where a judgment is sought or entered establishing or modifying a parenting plan. Upon agreement of the parties, the court’s own motion, or the motion of a party, the court may also appoint a parenting coordinator and refer the parties to parent coordination. Often, this strategy is employed in high-conflict matters, and can assist in the resolution of disputes concerning the parties’ parenting plan.



Can the court appoint a psychologist to help develop a parenting plan?

Posted on October 4, 2016 at 11:45 AM Comments comments (0)

A psychologist can be appointed by the court to develop a parenting plan recommendation as part of a dissolution of marriage proceeding; A psychologist can also be utilized in cases involving domestic violence, or a paternity matter involving the relationship of a child and a parent. A court-appointed psychologist is presumed to be acting in good faith if the psychologist’s recommendations are reached under standards that a reasonable psychologist would use to develop a parenting plan recommendation.



What is a writ and how is it used in family court?

Posted on October 4, 2016 at 11:45 AM Comments comments (10)

When a party is about to remove themselves or their property out of state, or fraudulently convey or conceal the property, the court may award injunction against the party or the property, or make orders that secure alimony or support to the party who should receive it.

When the court issues a writ of bodily attachment in connection with a support obligation, the writ includes, at a minimum, information on the respondent’s physical description and any information as to location. This is required for entry into the FCIC. The writ must direct that service and execution of the writ may be made on any day of the week and any time of the day or night.