No one wants to hire a divorce lawyer, but the fact is
that millions of men and women go through divorce and
custody proceeding every year. Studies have shown that
divorce is one of the most stressful and emotionally painful
experiences that people endure. Divorce does not have to be
a lonely, painful, and frightening experience. The right
attorney will help you through the many issues involved in a
divorce. In contrast, retaining the wrong lawyer is
extremely costly and is more likely to result in an adverse
result. The wrong lawyer can become part of the nightmare
itself.
A divorce requires the resolution of several issues,
including:
- Division of Property
- Division of Debt
- Alimony
- Child Custody and Visitation
- Child Support
A divorce can be either "contested" or "uncontested".
If you and your spouse can agree on how you are going to
divide your marital property and marital debt and, if
applicable, the custody and visitation of you minor
children, you can do what is called an uncontested
divorce. Even though your divorce is uncontested, the
use of a quality attorney can be important. The improper
preparation of all of the divorce documents can delay
your divorce and a poorly drafted Settlement Agreement
may cause future problems.
Your divorce is usually considered contested if you and
your spouse cannot agree on the division of property,
debt, alimony, and child custody visitation.
Steps of a Divorce
Many clients have limited experience with the court system.
A lawsuit can spark emotions ranging from anger to
frustration. Knowing what stage your lawsuit is in will
relieve anxieties about what happens next. Knowing
what comes next will also allow you with to plan your
strategy and also provide you with a better understanding of
the legal system. I have outlined below a basic guide to the
steps of a lawsuit.
1. FILING THE CASE:
A case begins with the filing of a petition. A petition is a
written request to the court for some type of
legal action. The person who originally asks for the legal
action is called the Petitioner and remains the petitioner
throughout the case. A Petition is filed with the clerk of
the circuit court. A case number is assigned and an official
court file is opened. A filling fee is usually required.
2. SERVICE OF PROCESS:
When one party files a Petition, the other party must be
"served" with a copy of the document. This means that the
other party is given proper notice of the pending action (s)
and any scheduled hearings. Personal service of the petition
and summons upon the respondent by a deputy sheriff or a
private process server is required in all original
petitions.
3. RESPONSIVE PLEADING:
After being served with a petition, the other party has 20
days to file an answer admitting or denying each of the
allegations contained in the petition. If a response to the
petition is not filed, the petitioner may file a motion for
default with the clerk. This means you may proceed with your
case.
4. MANDATORY DISCLOSURE:
Florida Law requires each party to exchange certain
information and documents, and file a financial affidavit.
Failure to make this required disclosure within the time
required may allow the Court to dismiss the case or refuse
to consider the pleadings of the party failing to comply.
5. DISCOVERY:
Refers to the formal procedures used by parties to obtain
information from each other and from witnesses. The
information is meant to help the party to prepare for trial
or settle the case. The primary discovery methods are:
depositions, interrogatories, request for production of
documents, request for inspections, subpoenas, and request
for psychological evaluations.
6. SETTLEMENT:
Usually settlement discussions begin after the value of the
marital estate has been determined. However, there are
cases in which clients already have an idea of the terms
they are willing to accept before all assets and liabilities
have been accounted for. In the event a settlement is
reached, an agreement is prepared that outlines the
settlement terms. If a settlement is not reached, then the
case will proceed to mediation.
7. MEDIATION:
Family Mediation is a procedure designed to assist people
who are separating, divorcing, or dealing with matters
arising after a divorce. A neutral and impartial third
party, called a mediator, will use his or her skills to
assist the individuals to make decisions, and suggest
possible compromises.
Each party is urged to have independent legal counsel
because although some mediators are attorneys, the mediator
is not authorized to give legal advice. The mediator's role
is neutral and does not substitute for independent legal
advice.
8. TRIAL: If the
case is not settled by discovery and mediation, you will
eventually find yourself at a trial. In a trial, a judge
makes all the legal decisions, such as whether or not a
particular item of evidence can be used. At the same time
the judge makes all the factual decisions.
At the trial, you will be required to present your case
according to very specific rules of procedure and evidence.
If the parties choose to proceed to a trial, they need to be
prepared to realistically accept the consequences of putting
their lives, their children, and their future in the court's
hands, as they will totally give control to a stranger to
decide their fate and that of their children.
Christopher W. Adamec will be glad to discuss with you
the general principles of Florida Family Law. Please contact us today to schedule your appointment for help.
Child support is determined by a formula. At first
glance, this may make it seem cut and dried. That is not the
case. A formula is only as good as the figures that are
entered into it. If those figures are inaccurate, so is the
resulting child support amount. At the Law Offices of
Christopher W. Adamec, P.A., we will work to make
certain that the numbers are correct; we will work for you.
One key aspect in making certain that the child support
guidelines lead to an accurate amount is getting the correct
details about each parent's income and assets. A second
important piece is determining the needs of the child,
taking into account special medical needs or other factors.
The Law Offices of Christopher W. Adamec, P.A. will carefully investigate your case to make
certain that all of the facts are on the table to ensure
that the custodial parent receives the financial support
necessary to raise a child.
If your case has already been resolved, but you are not
receiving child support payments from your former spouse, we
can help. We can pursue payment through the court, which may
order wage garnishment, an income deduction order, or hold
the payer in contempt of court.
If you are receiving child support, but there have been
major changes in the life of you or your former spouse in
relation to income, we can help you seek modification of the
child support order. Whether you have had your wages reduced
or your former spouse has received a promotion, or another
factor has changed, we can seek to have it reflected in the
support orders. Please contact us today to schedule your appointment for help.
When going through a divorce, the well-being of your
child is definitely on your mind. An experienced attorney
can stand by your side to help you protect your child.
Our office can assist with the many varied aspects of child
custody matters. We can assist with matters related to
determining the primary residential parent (the parent the
child will live with), and the non-residential parent. We
understand the rules that the courts look at when making
decisions about parenting time, visitation rights, and
whether the case will be resolved with shared custody
between both parents, or with sole custody going to only one
parent.
At the Law Offices of Christopher W. Adamec, P.A., our job
is to find out about your situation and learn about your
goal. We will take the time to find out what you would like
to see as the outcome of your legal custody case. Then we
will develop a strategy that is designed to see that outcome
happen.
Whether your child custody dispute is related to a current
divorce, or you are seeking modification of a previous
custody arrangement, we can help. Life changes, such as
changes in salary, changes in job, and fear of endangerment
from the other parent, can be grounds to seek modification
of child visitation and custody plans. We can work with you
to determine your options and pursue your case. Please contact us today to schedule your appointment for help.
Several reasons exist for the filing of a paternity
lawsuit. They may include cases in which a child was born
into a marriage, but the husband suspects he is not the
biological father. They may involve children born out of
wedlock, in which the father wants to claim unwed fathers
rights, but the mother feels he is not the father. These can
be complex cases that involve establishing paternity through
DNA paternity testing. At the Law Offices of Christopher W.
Adamec, P.A., we can sort through these challenging cases
and stand by your side to protect your rights.
A paternity test can be the first step in determining a
variety of other matters, including:
- Child Custody (residential custody, legal custody,
primary custody)
- Visitation Rights
- Child Support
If you have a question about paternity, we encourage
you to act quickly. Time limits exist for when paternity
cases can be filed. Our office will explain to you the
time limits. We will talk to you and learn about your
concerns and your situation. We will help you decide the
best move to make by providing you with all of the facts
and details about the process.
At our law firm, the term "legal counselor" still has
meaning. We are here to work with you. By taking a
hands-on approach to each case, we will keep you
involved in the important decisions. When you choose us,
we will get to know you. We will know your name, not
just your case number. Please contact us today to schedule your appointment for help.
Financial arrangements can pose some of the most
difficult challenges to finalizing a workable divorce
settlement. At The Law Offices of Christopher W. Adamec, P.A.,
we
are prepared to tackle these challenges on your behalf,
using our experience to explain the situation to you and
advocate for a favorable resolution. We serve clients
who face division of assets and alimony issues.
Many factors are involved in deciding whether alimony
(spousal support or spousal maintenance) will be awarded
- and if so, what type. Depending on the circumstances,
the court may order:
- Temporary alimony - until the divorce settlement
becomes final.
- Permanent periodic alimony - payment of a
specified amount at regular intervals.
- Lump sum alimony - can be tax benefits to this
type.
- Rehabilitative alimony - requires a concrete,
well-defined plan about how it will be used to help
the recipient gain the skills and income to become
self-supporting.
- "Bridge-the-gap" alimony - for professionals who
have temporarily put their career on hold.
In a lengthy marriage (30 or more years, for
example), permanent alimony may be awarded. In a
shorter-term marriage, the court may award
rehabilitative alimony. The court will also consider
age, education, and financial resources. Please contact us today to schedule your appointment for help.
After a Final Judgment of Dissolution of Marriage
or a Final Judgment of Paternity is entered, a party
may seek to modify certain terms of the Final
Judgment. It is important to know that not all terms
of the Final Judgment are subject to modification
(i.e. being divorced, property division, attorney
fee award, etc.). Pursuant Florida Statute 61.14, a
party may seek to modify child support and/or
alimony when there has been a substantial change in
circumstances warranting an increase or decrease.
This means that one or both of party’s circumstances
has changed from the time the Final Judgment was
entered, which has affected his or her income.
In a child support modification proceeding, the
substantial change would have to be a 15% increase
or decrease to warrant a modification. Many times
people think that a remarriage is a change in
circumstance for child support because the
perception that the other party’s income increases.
This is just not true because child support is
solely calculated on each party’s income and not
their spouse. Other factors that may warrant a child
support modification are daycare expenses increasing
or decreasing, health insurance, and a child
reaching the age of majority. It is imperative that
when a substantial change in circumstance is
triggered for child support or alimony that a party
immediately file a Supplemental Petition to Modify
the Final Judgment seeking all requests since the
judge can only consider giving retroactive support
or credit from the date of filing and not the date
of the substantial change occurred.
As for child custody, a two-prong test applies: (1)
is there a substantial and material change, and (2)
the best interest of the child(ren). No longer does
the court look at a third prong: the detriment to
the child(ren). If custody is at issue in a
modification proceeding, the judge will typically
order a child custody evaluation. The child custody
evaluation in a modification proceeding is a
different standard as provided above than in an
original proceeding (divorce or paternity).
The child custody evaluator will be a person jointly
agreed on by the judge and both parties, and who is
recognized by the judge and the attorneys for both
parties as someone whose training and background
make them uniquely able to help the court determine
if a substantial and material change has occurred
and if it is in the best interest of the child(ren)
to change custody. In a modification proceeding,
most judges order the party requesting the change in
custody to initially pay the fee for the custody
evaluator; however, the judge can order both parties
to share in cost. For more detailed information
about what’s involved in a child custody evaluation,
click here. Please contact us today to schedule your appointment for help.
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Our firm can help you with any family law problem,
ranging in complexity from uncontested short-term,
childless, or low-asset divorce, to the most difficult and
complex cases involving high-asset marital estates, complex
marital property valuation or discovery problems,
family-held business assets, special-needs child support
obligations, and structured settlement strategies. We can
also help you with modification or enforcement of existing
child support or visitation orders, and alimony obligations.