Q: Do I really need a lawyer to take me through a family law case? 
A: In our experience courts appreciate–almost desire–the objectivity that a properly-trained attorney brings to the family law proceeding. After all, in a family law case you are dealing with important issues that directly affect your family. We suppose that you, acting as your own attorney, might be able to be completely objective about your children’s needs, what the other party tells the judge, your financial situation, what the other party has or hasn’t done, and so forth.

Fact is, though, we’ve never seen a non-attorney representing himself or herself successfully remain objective in court.

In general people have a lot at stake when they get divorced; financially and emotionally. The laws and rules which are relied upon by judges and lawyers are complicated and specific. You would need to learn in a short period of time what the attorneys at THE MOSES LAW FIRM have spent years learning. Take heed, you will be held to the same standards as a practicing lawyer in court if you try to represent yourself.

Look, if you don't do well in representing yourself you may lose more than just the money you thought you were saving in attorney's fees.

At an absolute minimum you should consult with a lawyer to ensure that your expectations about the process and the other party are reasonable, to learn what your rights and responsibilities are, to get an idea of what your future may look like, and so on.

Q: What is the typical process involved in a dissolution of marriage case or in a paternity case? 
A: Typically, a dissolution of marriage case and a paternity case start out the same way: the process begins with a petition being filed with the circuit court. Either the husband or the wife, or the father or the mother in the instance of a paternity case, can file. In the petition, the person filing (the “Petitioner”) sets out what he or she wants from the court.

The other party, called the “Respondent,” then must file an answer within 20 days addressing the matters within the initial petition and raising issues the Respondent wishes the Court to decide, if any.

Then, in those cases where child support is involved, the rules governing family law cases require each party to provide certain financial documents and a completed financial affidavit within 45 days of the service of the petition or before any temporary relief hearing.

Some couples agree on property settlements, child custody, and other arrangements before or soon after the original petition is filed. They then enter into a written agreement signed by both parties that is presented to the court. In such an uncontested case, a divorce can become final in a matter of a few weeks. Truly “uncontested” cases, however, are rare.

The more common case, then, is the one in which the parties cannot agree on all issues. In these instances, the parties most typically will attend a mediation. Mediation is a process to assist the parties to work out an arrangement for reaching an agreement without a protracted process or a trial. Mediation's purpose is not to save a marriage or a relationship, but to help couples reach a solution to their problems and arrive at agreeable terms for handling the future of their family. Mediation usually occurs within 30 to 90 days after both parties provide their financial disclosure though in more complex cases and in cases with a lot of assets and liabilities, for example, getting to mediation can take more time than just a few months.

Finally, some couples cannot agree on much of anything and a trial–with each side presenting its case to a judge who will make the final, all-encompassing decision about the parties’ futures–is required. How much time it will take for a case to go from being filed to trial varies widely based on the issues involved, the parties’ assets and liabilities, the county the case is in, the judge whom the case is before, and so on.

Q: Does it matter who files for divorce first, me or my spouse? 
A: In our experience, absolutely, yes, it can matter. We have found that there can be advantages to being the first party to file certain types of family law cases. For example, sometimes the only language that one of the parties understands is a formal petition filed with the court. Also, sometimes when one party sees that the other has hired THE MOSES LAW FIRM and is served papers, they are more inclined to make a fair settlement offer.

Q: My girlfriend and I just had a baby, but we will not be getting married. Should I file to establish paternity? 
A: In our experience, a father to a baby born outside of a marriage has very little rights. As examples, an establishment of paternity through the courts is the best way for the father not only to officially become the child’s dad but also to:

• Have his name on the birth certificate
• Have the baby have his last name
• Have a set contact schedule with the child
• Have a say in medical, educational, and other decisions involving the child
• Have issues such as child support and sharing in medical costs determined once and for all
• Have enforceable rights before the courts of the State, and so on

Q: Will I be responsible for my spouse’s credit card debt after the divorce papers are filed? 
A: The date the petition for dissolution of marriage is filed will likely be used by the mediator or the court as the date after which any acquired assets and liabilities are considered separate, as well as to assign values to assets and liabilities that were acquired before filing (for example, the date of filing could be considered the date on which to value a retirement account).

Q: How will the court divide our assets and liabilities? 
A: One of the most complex areas of divorce is the division of marital property. Marital property may include cars, houses, retirement benefits (pensions), business interests, cash, stocks, bonds, bank accounts, personal property, and other things of value.

Florida Law provides for an "equitable distribution" of marital property. In essence, the marital property should be divided fairly or equitably (not necessarily equally) between the parties regardless of how the title is held. The division is based upon all facts of the case and the contribution of both spouses to the marriage. In other words, the court has the authority to do what is fair and just under the particular circumstances of your case.

Q: Will I or the other parent get custody of the children? 
A: On October 1, 2008, a new law went into effect in Florida that changed the factors considered by the court in determining how much time the
child(ren) spend at which parent’s home. A mediator or court is required to consider these factors. For example, factors to be considered include:

• The parents’ respective capacities and dispositions to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required
• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent
• The moral fitness of the parents
• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child, and so forth

Q: How is child support calculated? 
A: Florida statutes set out “guidelines” for the court to use. Basically, the court will take the combined incomes of the parents and the number of children and determine child support based upon the statutory guidelines found in the Florida Statutes. In other words, child support “is what it is”; in fact, one judge recently described child support as “lawyers in a room doing math.”

Q: What are some factors taken into consideration in determining and awarding child support? 
A: Guidelines for support which apply to all cases generally are based on the income of the parents and the number of children with adjustments for substantial overnight contact. Some of the more common issues concerning child support include:

• The amount of support
• The method of payment
• Ways to assure payments are made;
• When child support may be increased or decreased
• Who claims the dependency deduction for tax purposes

Other questions may need to be answered, depending on the circumstances of your case.

Q: How is marital property divided up? 
A: There is no fixed way to determine how you or the court should divide marital property. The debts as well as the assets must be considered. Other factors include the nature and extent of the property, whether it is marital property or non-marital property, the duration of the marriage, and the economic circumstances of each spouse.

If you and your spouse can agree, and if your agreement is reasonable, it will be approved by the court. If you cannot agree, you can address the issue at mediation or the court will divide the property for you at trial.

Q: Can we agree that my spouse will not have to pay child support? 
A: No. Child support belongs to the child and cannot be given up by the parents.

Q: Will the court order alimony? 
A: Courts will look at several factors in determining whether to award alimony. Some factors include, the length of the marriage, the requesting spouse’s need for alimony, the paying spouse’s ability to pay alimony, and the services rendered in homemaking, child rearing, and education and career building of the other spouse. Generally, about eight years of marriage is a minimum before the court will consider alimony.

Q: Can custody be changed after the divorce? 
A: If the requesting party can prove that there has been a substantial change in circumstances that was unforeseeable at the time the divorce was entered, and if the change would be in the best interests of the child(ren), yes.

Q: What are some different types of alimony? 
A:

• Rehabilitative alimony: Alimony for a limited period of time to assist in redeveloping skills and financial independence
• Permanent alimony: Alimony that continues until the receiving spouse remarries or dies
• Lump-sum alimony: Alimony where one party pays to the other party a lump-sum payment of money or property

Q: What is “shared parenting” or “shared parental responsibility”? 
A: “Shared parenting” or “shared parental responsibility” means that both parents are responsible for the custody, care, and support of the child(ren), and both are required to jointly consider major decisions that affect the health, safety, education, and welfare of the child(ren). This requires both parents to confer so that major decisions affecting the welfare of the child will be determined jointly.

In Florida, shared parenting is the norm unless the court finds that shared parenting would be detrimental to the best interests of the child(ren).

Q: The other parent is withholding my child(ren) from me yet I am still paying child support. Can I stop paying until I get to see my child(ren)? 
A: Unfortunately, no. If visitation and access to your child(ren) is being denied, you should immediately contact THE MOSES LAW FIRM. It is not proper to withhold child support payments because of any alleged wrongdoing by the other parent. Remember that child support belongs to the child.

Q: What are some of the issues that are addressed at family law mediation? 
A: While the specifics of each case vary and directly affect what is addressed at mediation, generally you can expect the mediator to consider issues relating to child support, custody and visitation (now called “time-sharing”), who's going to pay for health insurance and uncovered medical expenses, life insurance so that there will be money for children if a parent dies, division of property, division of debts, alimony (or waiver of alimony), and all other issues that pertain to a particular matter.

Q: What is “supervised visitation”? 
A: Supervised visitation may be necessary where one party proves that it is legitimately unsafe for the child to be alone with the other parent or that the children are or may be in danger of abuse, neglect, or other situations which require more protection for their physical, psychological or emotional well-being..

“Supervised visitation” might include visitation between the child(ren) and the parent to be supervised at a neutral County-sponsored program, such as Family Ties in Orange County, or in the presence of a neutral third-party such as a grandparent or pastor.

Q: What is Florida’s parenting class requirement? 
A: The State of Florida requires that parents with minor children who are getting divorced (or who are going through a paternity case that involves issues of parental responsibility) attend a seminar specifically designed to help them make healthy choices regarding their child(ren).

Benefits to parents and child(ren) include: reduced conflict, better communication, safety, increased contact between parents and child(ren), reduced stress, teamwork, better adjustment to divorce, and a more supportive environment during the stages of loss and grief. Parents who have skill and commitment are in the best position to help themselves and their child(ren).

Q: What is “parenting coordination”? 
A: Parenting Coordination is a program that, in theory, allows parents to meet with a so-called “trained parenting coordinator” to discuss, mediate, and resolve issues involved in shared parenting. Topics such as visitation, scheduling, and conflict reduction may be covered. Parties typically meet several times with a parenting coordinator to develop and implement shared parenting concepts and a parenting plan.

It is the program’s stated goal to help parents adapt to the challenges of co-parenting children when the family no longer lives together. The program is designed to promote cooperative decision making between both parents and to eventually establish an environment where parents can resolve problems without the assistance of a parenting coordinator.

In our experience, however, the ideals of parenting coordination have not been realized. Indeed, some courts have made it virtually impossible to have a completely ineffective, completely powerless parenting coordinator removed from the case.

If you are subject to a parenting coordinator or being asked to consider participating in parenting coordination, contact THE MOSES LAW FIRM.

Q: The other parent has told me s/he wishes to relocate our child(ren) out of state. Are there particular procedures s/he needs to follow? 
A: Yes. There are some very specific rules that apply in this situation. In general, unless there has been an agreement to the relocation, the parent wishing to relocate with the child(ren) must notify the other parent of the proposed relocation in the form and with the information required by Florida Law. There is then a hard-and-fast deadline for filing an objection to the relocation in the form also specified by Florida Law. Once an objection is filed, the party wishing to relocate must institute an action in court to get permission to relocate. Relocation with the child(ren) without following the legal requirements may subject the party to contempt, an order for return of the child, and other consequences.

Q: I have heard that the other party may be required to pay my attorney’s fees (or vice versa). What’s the story here? 
A: In many cases, one party in a family law case, most typically in a divorce proceeding, may allege that he or she is not in a financial condition to pay for a lawyer but that the other party has the financial ability to pay both lawyers' fees. Courts do not want to see situations where one party can drive the other into submission by outspending them on lawyer fees. The award of attorney’s fees to one party in a pending case must be based on the court’s finding that the receiving party has the need and the paying party has the ability to pay.

Q: Do you offer more than one way to pay for the services of THE MOSES LAW FIRM? 
A: Yes. We recognize that no one gets married expecting to get divorced or has a child with someone expecting the relationship to end. Therefore, we also recognize that few families have a “war chest” for the legal fees that can be associated with a divorce, paternity case, child custody or visitation action, domestic violence injunction, and so forth.

The Moses Law Firm.
For the Future You Want.^SM