One of the best kept secrets in family law is mediation. The majority of divorces including hotly and bitterly contested divorces are resolved in mediation, not by court trials. In fact, many judges will require us to go to mediation before trial anyway regardless of our desire to go to trial. It is far faster and less expensive to hire a mediator than for each side to lawyer up. Unfortunately, I cannot act as your mediator and your attorney so you must choose. We have many relationships throughout south Florida that we can find a qualified mediator or attorney for you if necessary.
Most people when they contact us say one of two things. Either my divorce is simple or my ex is crazy. A simple divorce usually takes place when there are no children involved and there are no assets to dispute over. Others can be made simple by calmer heads prevailing through the process. Staying away from emotional roller coaster and focusing on the facts of the case.
The more challenging divorces are when in most instances that either there was some abuse in the relationship, or mistrust. While it may be true that you know your ex-spouse to be, better than I do, however you may not know who they are when you have become their advisory. Staying the course and following the plan that we develop together very often produces favorable results and less stress upon your family in the long run.
However, there is always at least two ways of doing things. First, is the easy way. Very often when both parties agree we can head straight to developing the parenting plan and separating the assets through a marital settlement agreement, we would just then schedule a hearing and very often just need one of the spouses to attend court, and we are done usually within 6 weeks. This can be even easier if you download the paperwork herein and have agreed to the parenting plan and asset distribution between each other beforehand, then we can avoid the mediation process altogether and save time and money. You save an additional $150 if you complete the download by yourself, submit it to me via email, on my attorney fees. The process would be very often cut in half.
Now for the other way, known commonly as the expensive or hard way. The divorce case will become more time consuming and therefore more expensive. If you cannot communicate with your soon to be ex-spouse or they are unreasonable it unfortunately will just add time to the process and therefore money.
As an accountant I can help you understand the value of your assets, read your tax return, or help you make the financial cost benefit decisions. We also have set up systems for processing through your divorce so that we keep our fees more reasonable. Keeping in mind the adage time is money, in this type of case my time is your money.
I have found that the best way to keep our fees lower is to do the following:
1) Complete the attached download and complete as best as you can
2) Provide us with the source documents required by the court such as:
a. your tax returns
b. bank statements
c. pay stubs
3) Attend the parenting class as quickly as possible
4) DO NOT REACT EMOTIONALLY to your Ex-spouses UNREASONABLE demands
Some divorce facts to keep in mind
- Only one party needs to state that the marriage is “irretrievably broken.”
- Fault usually enters into the equation, in determining alimony, not child support.
- To get divorced a properly served Petition for Dissolution of Marriage is achieved. It outlines any claims that you have for things like child support, custody, alimony. It usually is one sided and often distorted and exaggerated and is just baiting you to act poorly as a result. We must respond timely.
- If you have children, Florida requires you to attend a seminar on children and divorce, but spouses need not attend together. http://www.floridaparentingclassonline.com/Parenting/index.aspx
- One spouse must be a Florida resident for the six-month period immediately preceding the filing of the petition for divorce. (unless you are temporarily outside of Florida or you are in the military).
- If you cannot locate your spouse you can still get divorced. You will need to conduct a diligent search such as publishing notice in the newspaper and contacting motor vehicles.
- If you are being abused then, please contact the domestic violence hotline (800-799-SAFE) and call the police, even before you file for divorce. Court can order supervised visitation or sole parental custody if it is in the best interest of the child.
- It is possible to get a temporary and immediate alimony, child support, and attorney fees. In fact this can be one of the first actions we do together.
- If you are not married, then you will need to prove paternity, before timesharing issues can be decided.
- Child support is determined by the support guidelines per statute.
- Relocation basically means moving more than 50 miles for a minimum period of 60 consecutive days.
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