Appealing a Divorce

The process of divorce can be a long and winding road, especially if children are involved. Consequently, when the divorce decree is finally issued, parties typically feel a sense of relief gained by the knowledge that they can now move past this period in their life. And, for most divorcing couples, the final divorce order marks the end of the divorce case and the marriage. However, circumstances do sometimes arise that can compel someone to appeal a divorce order, but courts are reluctant to revisit these cases because the integrity of marriage requires that divorce judgments be conclusive and not easily overturned. Despite this policy, courts are willing to reconsider and potentially modify divorce orders for very particular and limited reasons. Given how restrictive divorce appeals are, working to negotiate one’s own agreement is the best method of ensuring the settlement terms are fair. Failing agreement, parties need to present the best evidence to the judge, which an experienced divorce attorney will know how to do. Nevertheless, understanding when a divorce appeal is permitted is important information to have in case an appealable issue does occur.

Legal Options to Revisit Divorce Order

Florida law gives parties in divorce cases several opportunities to request that the court reassess an earlier decision, and the type one files tends to depend upon how much time has passed since the final divorce decree was issued. The first option, and the one with the shortest deadline, is to file a motion for rehearing. This request must be made within 15 days following the issuance of a court order, and is usually the first step in filing a formal appeal. This request is used when a party has a legal basis for appeal, not just an objection based on facts. The judge is not required to grant a rehearing, and has broad discretion to deny it, which is generally what happens.

The next alternative, which is available if the divorce order was issued within the previous 30 days, is to file a formal appeal. This is a very complicated and technical process that takes a considerable amount of time to complete. No new evidence may be presented, and the basis for appeal must rest on a claim that the court misapplied the law. Note that if a party wins on appeal, the case will likely have to go back to the trial court for final resolution.

Finally, if more than one month has passed since the court issued the divorce order, the only option left is to file a motion for relief from judgment. A party has up to one year to file this type of motion. However, these requests are rarely successful, and are only granted in unusual circumstances.

Grounds for Appeal

The legal basis for appealing a divorce order is commonly based on one or more of the following claims:

• the judge made a mistake in the application of the law;
• new evidence was discovered that was unavailable or not ascertainable earlier in the case; or
• fraud, misrepresentation, or misconduct by the other party. This claim typically relates to concealment of assets by a spouse. Note that while parties usually have just one year to file a motion to set aside a judgment, a special rule exists for divorce cases that completely removes the time restriction if the request is based on fraudulent financial records.

Get Help from Our Attorneys

If you believe a mistaken or a fundamentally unjust decision was made in your divorce case, talk to family law attorney about appealing the judge’s order. The All Family Law Group, P.A. helps clients in the Tampa Bay area deal with variety of family law issues, including divorce appeals.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Caution – Social Media, Electronic Evidence, and Divorce: Guarding Against Negative Impact

In today’s world of increasing reliance on cloud-based computing, and the ability to obtain almost everything a person needs to live with a few clicks of a mouse, social media is a large and important presence in many people’s lives. Using social media to update friends and family is routine for many people and one of the original purposes behind this technology, but it is fast becoming a way for people to promote their businesses, earn a living, organize political and activist groups, and vet potential employees or clients. Many are so used to using social media to document their daily lives that they may not think about the potential ways it could be used against them. Anyone involved in a divorce case should keep this possibility in mind, and think about the potential negative consequences sharing information on social media could bring. Not only can it be used as evidence in court proceedings, it is now becoming the basis for many legal actions. Most recently, former Congressman Anthony Weiner is facing divorce and possible criminal charges after explicit texts he sent to young women, including a 15-year-old girl, came to light. Certainly, this situation is outside the norm, but understanding what kinds of electronic evidence can be used in court, and how to minimize the disclosure of damaging information, is relevant for all parties seeking divorce.

Types of Electronic Evidence Used in Lawsuits

Parties involved in divorce cases, especially those that are highly contentious, should expect the other side, at a minimum, to demand records related to texts, cell phone use, and emails. These particular forms of electronic communication are targeted because almost everyone uses them to some extent, even if they avoid more popular social media platforms. Typically, text messages and emails will be combed for information related to immoral activities and emotional outbursts that show unstable mental states. Cell phone call logs and GPS location records are useful to indicate how a spouse is spending non-family time and could reveal indiscretions or embarrassing obsessions.

Social media can be a goldmine of potential evidence that helps or hurts a divorce case. It documents how people spend their time, with whom they associate, and records states of mind at particular moments in time. Importantly, this information exists forever, and an effort to delete damning tidbits is easily discovered and can be very damaging in court. Damaging or destroying evidence is referred to as spoliation, and can bring serious consequences for the guilty party. Courts are permitted issue sanctions for these actions that include casting all legal presumptions in favor of the innocent spouse and dismissing claims of the guilty party.

How to Protect Yourself on Social Media

The best way to mitigate or eliminate potential damage from social media posts is completely suspend its use while the divorce case is pending. If that is not possible, attempt to refrain from discussing the divorce or any related issues. Further, do not create posts related to new purchases, social activities, and inflammatory topics that could be twisted in court and ultimately damage a person’s case. Finally, think about how someone else could view one’s thoughts before writing, and if there is any potential to spin it negatively, do not write it down.

Seek Legal Advice

Digital information is a minefield that can hurt or help your case. If you are contemplating divorce, discussing the kinds of information a person can expect to see on your email, cell phone, and social media accounts is crucial to building a case. The Tampa Bay law firm All Family Group, P.A. is well versed in a large variety of family law matters, and will work to obtain the best possible outcome.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Top Five Ways to Make Your Divorce Easier

Divorce can be one of the most difficult times in your life – it can take its toll on you emotionally, physically, and financially. In fact, there are few things in life that can create more stress and disharmony than a divorce. When a family comes apart, there are many different feelings that you are likely working through. However, working through a divorce doesn’t have to be traumatic. In fact, you should consider trying these five actions that can help make the divorce easier for you and your family.

Stay Focused

It is important to focus on getting through your divorce, no matter how tough it may seem to be. An experienced divorce attorney will help guide you through the process and keep your uncoupling on track. You can count on your attorney to handle the legal details of your divorce while you focus on emotional healing, and on rebuilding your life. A stalled divorce can be difficult for everyone, so keep the process moving along.

Be Fair

In Florida, any asset acquired during the marriage is considered marital property, and therefore must be divided equitably between spouses in a divorce. It will typically do little to properly resolve your divorce when parties are being unfair. Unfairness will be met with pushback, and the result will be a lengthy, difficult, and tense divorce. Trust in your attorney and their ability to handle even the most difficult of disagreements.

Think of the Children

If you are having a tough time with the divorce, consider what the children may be going through. Your children need to be loved and protected during this difficult time. Be aware of doing anything that could emotionally damage. Remember to keep your children out from the middle of the spousal disagreements. Set up a stable “new normal” for your family that includes them spending time with your former spouse.

Avoid Negativity

It is important to keep a positive attitude as much as possible. Negativity will only become a distraction and can add to your stress as well as the stress of your family. Avoid any temptation to lash out at your spouse and do not try to trash him or her to others. You both know how to push each other’s buttons, but keep in mind that you do not have to respond, especially when it serves no helpful purpose.

Seek Counseling

There is nothing heroic about getting through a divorce alone. Sometimes, the best thing you can do for yourself, and your children, is to seek counseling. The sooner you begin to deal with your feelings, the more quickly you will be able to move on from the relationship and find happiness. While counseling may not have worked for you and your spouse as a couple, you are now free to work through your own emotions, which will help you get past the divorce so you can go forward. If your children seem to be having a hard time with the changes, you may also want to take them to counseling.

If you are about to go through a divorce don’t do it alone. Contact the Tampa divorce attorneys and bankruptcy lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Time Sharing After Divorce – How to Make it Work

Time sharing, also referred to as shared parenting, is the most common way for divorced parents to raise their children. It may seem difficult to understand how people who were unable to get along while they were married are expected to make decisions for their children together. Yet that is what time sharing is all about. There are some things you can do during the divorce process that will make parenting easier and less stressful for the entire family after the process is complete.

Accept Compromise

Going through a divorce is never easy and often comes with many difficult situations. Although you have been bruised by the process, it is necessary to keep a united front for the sake of the children. Most kids are quite resilient, but they are able to quickly sense a divide in parenting styles and will often use that to their own benefit. Instead, you and your ex need to take charge of the situation and make decisions together whenever possible. Remember that some compromises may be necessary but it is always important to refrain from making negative comments to the children about the other parent.

Create a Detailed Parenting Plan

Divorce in Florida requires the utilization of a parenting plan. The plan is designed to provide a detailed platform that will serve as the basis for all your future parenting decisions. It is best to create a plan that is as inclusive as possible. This will be of great benefit later on, after the divorce is over and day-to-day parenting kicks in. Spend plenty of time reviewing the options included in the plan and make sure that you don’t simply gloss over it quickly. Cover even the most difficult of choices now so that you have a roadmap to guide you more easily once the divorce is final.

Keep the Best Interest of the Child in Mind

It is of utmost importance that you always make decisions and choices that are in the best interest of the child. Florida family courts focus on this when making decisions regarding children in divorce. In Hillsborough and Pinellas Counties in particular, it is mandatory to take a divorce parenting class. After a divorce, the children are still the number one concern. When a parenting situation is no longer working it may need to be revisited. Keep in mind that any changes to a divorce decree must be made through a court-ordered modification. A hearing must be requested and both parents are required to appear to present their case to the judge. If you and your ex can agree to the changes, then you update the Parenting Plan to reflect the changes and obtain an order from the Court modifying the Final Judgment.

Choose an Experienced Tampa Divorce Attorney

The choice of divorce attorney can make a big difference in how well the post-divorce will be handled. An experienced lawyer will be helpful in answering questions and providing information that will help you make decisions that are going to work well for you and your family both now and in the future. Your lawyer will protect you from some of the major stresses of the proceedings and will assist you in creating a parenting plan that will help you avoid some of the common problems that can occur. Your attorney is also available to provide guidance when a modification is needed. If you have decided to divorce, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Possible Effects of Federal Policy Changes on Child Support Enforcement

Starting late last year and continuing into earlier this year, a new federal policy shifted the focus of child support enforcement and could affect among other things the amount of money custodial parents receive from their non-custodial ex-spouses. The federal government, working in tandem with state agencies, provides oversight and regulation of State child support enforcement. The policy change was in response to past child support formulas that set payment amounts at levels the non-custodial parent had no chance of reaching and frequently left them a lifetime of being chased by this debt. Broadly speaking, the new policy attempts to reallocate resources from strict collection efforts to ways of reintegrating the non-custodial parent back into the support system through methods like forgiving outstanding overdue child support and job placement services. Given that most custodial parents rely heavily on child support payments to sufficiently fund their household expenses, it is important to examine what exactly the new policy will implement, and what, if any, effect it will have on the financial stability of single parents.

Outline of New Child Support Enforcement Policy

In a notice released by the Administration for Children & Families (ACF) to state enforcement agencies in April 2015, ACF discussed the importance of improving the “financial capability” of parents so they would be less likely to need public assistance. Essentially, “financial capability” refers to the ability of both parents to successfully manage their economic resources and is typically provided to parents through a combination of state education programs on financial counseling and job placement services. The thought behind this approach is the better each parent is able to manage their money, the more effectively it will be used to benefit the child.

In addition to providing financial services, ACF published a proposed rule in November 2014 requesting states to calibrate their child support calculations to the noncustodial parent’s actual income instead of relying on a formula to determine the applicable amount. This is supposed to increase the likelihood they will be able to pay. Specifically, they want states to ideally limit child support obligations to no more than 15% of the non-custodial parent’s monthly income based on studies that indicated child support that is more than 20% of monthly incomes commonly results in a higher percentage of non-compliance. Coupled with a refinement of child support guidelines, the proposed rule also wants states to stop imposing jail time for non-payment of child support unless the non-custodial parent has the actual ability to pay the required amount and yet failed to do so. A court should look at actual earnings and the amount needed for basic subsistence when determining if the parent had the ability to pay. Further, the court should set the purge amount, which is the amount the parent must pay to avoid jail time, in line with the actual ability to pay. If the parent has no ability to pay, the court should impose requirements like getting a job or participating in a job placement program in lieu of jail time. This policy reflects the belief that incarcerating parents who have no way of paying the amount in arrears will only further prevent them from earning income and push them further into the red.

Potential Impact on Custodial Parents

The new emphasis on the financial responsibility of both parents seems to shift some of the burden from the non-custodial parent to the custodial parent to find a way to sustain the needs of the child without regard to child support. However, the new proposed rules on child support enforcement may encourage non-custodial parents who are behind on child support payments to make more of an effort to obtain legitimate employment if they know jail time is not a possibility and the amount they will be required to pay will be something they can afford. Until states enact laws to implement the rules, it will be hard to gauge whether they will result in more compliance with child support orders, but it seems this will be a move towards a softer approach to child support enforcement over the next few years.

For more information on Florida Law regarding this matter, contact All Family Law Group, P.A. in Tampa provides legal representation for all child support-related matters. Contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+