Can You Get A Florida Divorce if You Cannot Find Your Spouse?

 Divorce is a legal process in which one person files a petition to dissolve their marriage and afterwards, serves their spouse with the divorce papers. Sometimes though, it is not possible to locate the other party so they can be served with the paperwork. This is particularly common in divorce cases, when one spouse may have moved out before the process was initiated, and perhaps they even moved to another state.

Many people think that if they cannot locate their spouse to serve them with the papers, they cannot get a divorce. Fortunately, that is not true. There is another way you can serve your spouse when they are absent. Before using it, you should know that while you can proceed with the divorce, there are some drawbacks. Below, our Tampa default divorce attorney explains further.

Using Due Diligence when Trying to Locate Your Spouse

If you cannot locate your spouse, there are other options for serving the divorce papers, such as citation by publication. A citation by publication is a process of running a divorce announcement in a certain newspaper for a certain amount of time. To get a divorce using citation by publication as a service method, a judge must agree to it. The court will only allow a citation by publication if you can show that you have used due diligence when trying to locate your spouse. Essentially, you must show that you have made every attempt to try and find your spouse. Exercising due diligence could include:

• Contacting your spouse’s current or former employer
• Contacting your spouse’s friends and family members
• Checking your spouse’s social media profiles
• Monitoring your spouse’s bank account or credit card transactions

There are companies who offer services to help you do a diligent search, so essentially it can be done easily for a small fee.  The diligent search results will be filed in your case.

What are the Disadvantages of Citation by Publication?

After a judge issues a citation by publication, you will have to meet several requirements. For example, you may have to run the announcement for a certain period of time. Once you have completed any requirements, a judge will issue a default divorce. This means you can proceed with dissolving your marriage even though your spouse is not present. However, there are some disadvantages to obtaining a default divorce.

The main disadvantage of citation by publication is that the court cannot make decisions on other terms of the divorce. For example, the judge will not be able to award child support or alimony, and property division also cannot occur. If you do locate your spouse in the future, you can take these matters back to court but the terms cannot be finalized until your spouse returns.

Our Default Divorce Attorneys in Tampa Can Help with Your Case

If you want to get a divorce but cannot locate your spouse, our Tampa default divorce attorneys at All Family Law Group, P.A. can help you through the process. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help with your case.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/Statutes/index.cfm/.../index.cfm?App_mode=Display_Statute&URL=0000-0099/0049/0049.html

Is Your Spouse Hiding Money in Advance of Filing for Divorce?

Filing for divorce starts a long and complicated road of decisions that will affect the rest of a couple’s life, much of which is driven by the fact that marital property must be divided. No one enjoys giving up their property, least of all a spouse who wants out of a marriage, but avoiding this outcome, without a prenuptial agreement, is not possible. As a consequence, some spouses, thinking of divorce in the long-term, will start to find ways to conceal income and other assets with the intent of not sharing them with the other spouse as part of the divorce settlement. This tactic is also used to reduce the child support and alimony obligations a spouse may face. Click here to read more.

The Impact of Drug Use on Divorce

The number of issues that can potentially end a marriage are wide and vast, but one issue is particularly known to wreak havoc on all relationships – drug and alcohol abuse. Individuals caught in the cycle of addiction can pose a safety risk to the other spouse and their children, as well as jeopardize finances. Getting out of these marriages and seeking divorce is rarely easy, but unfortunately, often necessary. While these issues are certainly private matters that one tends to keep quiet, the presence of substance abuse does have a real impact on the outcome of a divorce, especially if children are involved. Breaking off all communication and relations with individuals with substance abuse problems is ideal, but not always possible or practical. One of President Trump’s advisors, Steve Bannon, has an ex-wife with alcohol and drug issues, and despite her problems he has continued to provide financial and emotional support as she struggles to recover. This news report illustrates that addiction issues reach into all spheres of power and wealth, and needs to be understood in the context of divorce.

Property Division

Marital property is divided in divorce based on the concept of equitable distribution. Equitable distribution, under Florida law, starts from the premise that all marital property should be distributed equally. However, a court will deviate from that standard, if there is justification, in order to arrive at an arrangement that is most fair based on circumstances of the parties. One factor that can persuade a court to award an unequal division of assets is if one spouse intentionally wasted marital property. Drug and alcohol abusers will invariably spend more than they can afford to feed their addiction, which results in the taking of financial resources away from the rest of the family. A court will specifically look at a spouse’s use of marital property in the two years preceding the filing of the divorce petition and while the divorce case is pending. If there is evidence of a spouse deliberately using money and property to acquire drugs or alcohol, the judge is likely to give the other spouse a greater share of the remaining assets.

Child Custody

Substance abuse has an even bigger impact on child custody decisions. The law in Florida gives a preference to shared parental responsibility, but the arrangement must first and foremost be in the best interests of the child. Specifically, if the court finds evidence that a shared parental responsibility would be detrimental to the child, the judge has discretion to award the other parent sole custody. Alternatively, the court could limit the frequency and type of visitation the parent with substance abuse problems has, such as by ordering supervised visitation. The court must analyze a long list of factors to decide what is in the child’s best interests, and evidence of substance abuse would certainly get the court’s attention. Basically, a judge is looking for any pattern of behavior that could pose a harm to the child’s mental and physical health, and potential exposure to drug use and/or a parent that would put getting drugs or alcohol before the child’s needs is problematic.

One final point worth noting is that, unlike criminal trials, a judge in a civil case can take a party’s silence as guilt. This point is important in substance abuse cases since these individuals have a tendency to deny the existence of or responsibility for the problem. Thus, if a spouse accuses the other of a cocaine habit, and the accused party refuses to confirm or deny or submit drug testing results, the judge can take this behavior as affirmation of the party’s drug problem.

Contact a Divorce Lawyer

Navigating divorce with a spouse who is addicted to alcohol or drugs is bound to present challenges. Having an experienced divorce attorney on your side, like those at Tampa Bay’s All Family Law Group, P.A., will alleviate some of the stress associated with this process. 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+

Pregnancy and Divorce

When couples find out the woman is pregnant, there is typically cause for celebration and greater intimacy in the relationship. However, this news is not always a good thing. Couples who are struggling with relationship issues may find a pregnancy pushes them farther apart, and becomes the catalyst for divorce. The combined emotions of pregnancy and divorce is a lot for any woman to process, and making the right decisions for herself and the new child may not be easily discerned. Further, adding an unborn child into the divorce process creates additional legal considerations that need to be addressed. These extra concerns revolve around the particular needs of newborn children that impact issues such as parenting plans, medical costs and alimony. Balancing the needs of the child and interests of both parents can be tricky during the first stages of a child’s life. A discussion of the legal aspects, as well as the practical matters, of navigating divorce during this time of great change will follow below.

Parenting Time

To the extent possible, courts look to grant shared parental responsibility in child custody matters, and to give each parent “frequent and continuing” contact with a child to promote healthy parent/child relationships. Parenting plans lay out the responsibilities each parent has for the child, and most importantly, include a time-sharing schedule to establish how often the child will stay with each parent. Newborns present challenges to organizing a parenting plan that is fair to the father, but also workable for the mother and infant. Newborns require constant care that depends considerably on the presence of the mother, especially if she is breast feeding the infant. While carving out bonding time for the father is important, in the first months of a child’s life overnight stays may not be possible. This means, for all intents and purposes, usually the mother has sole physical custody during this period of time. Instead, both parents should be flexible, and try to work in a few hours every week for the father to visit with the child. Once the child is no longer dependent on breast milk, overnight stays can and should be integrated into the time-sharing schedule.

Health Care

Pregnancy and childbirth are well-known to bring a large amount of additional medical costs that can easily run into the thousands of dollars. Generally, spouses are not required to cover the health care costs of the other following divorce. However, in the case of pregnancy the court may order the husband to contribute toward the costs of the mother’s health care until the child is born. If the woman receives health insurance through her husband’s employer, she would be able to continue on the same plan under COBRA after divorce, which would allow her to keep the same doctors, a priority for most during pregnancy. In this situation, the husband could be ordered to pay at least part of the monthly premium, which is typically substantially more than the employer-subsidized monthly cost.

Alimony

Alimony is generally awarded on a temporary basis until a party becomes financially independent, and if a woman chose to stay home with the baby for the first few months, courts would likely be amenable to ordering some amount of alimony if the other party is able to pay. However, extended periods of absence from work, especially if the woman was employed before pregnancy, could face increased scrutiny from a court about how long alimony should last.

Consult a Divorce Attorney

Most people facing divorce have to juggle the emotional and practical changes that come with the end of a marriage. Adding a pregnancy to this burden is a lot for anyone to handle. A divorce attorney, like those at All Family Law Group, P.A., can take some the of stress away, and help make decisions that best for you and your family. All Family Law Group, P.A. represents clients in the Tampa Bay area, and can help you move forward.  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+

What to Expect at Your First Meeting with a Divorce Lawyer

Making the decision to get divorced is hard, and the next step may not be so obvious in the wake of all the emotions divorce typically provokes. But, at some point, most people end up talking with a divorce lawyer. The time leading up to the first meeting is often full of fear and anxiety for the potential client as they ponder the personal information they must reveal, and confront the many stereotypes attributed to lawyers. In addition, meeting with a lawyer to discuss divorce may be the first time the person has ever consulted an attorney, which can feel overwhelming and intimidating. Divorce is one of the most stressful events a person can experience, but working with an experienced divorce attorney can help to dispel some of the constant worry. Thus, instead of the trepidation that comes from entering this setting blind, a discussion on what to expect and the types of information to prepare before such a meeting will be offered in hopes of soothing some of these worries and facilitating a more productive discussion.

Preparation

Preparation is important for both reducing anxiety and maximizing the time the person has with the attorney. To start this process, one should envision what he/she wants life to look like post-divorce, and figure out what is needed to make that happen (i.e., property division, support, etc.). In addition, make a list of questions about any practical or legal aspects of divorce that are unclear. Finances are big part of any divorce, and will influence how the attorney approaches this case. Thus, Florida requires both parties to a divorce to file a financial affidavit outlining expenses and income, which is used to calculate child support and to decide the division of property. While it is not necessary to have all the details and documents collected at this stage, having an informed understanding of one’s assets and obligations is very helpful and relevant information the attorney needs. Be prepared to discuss past and current marital problems and issues that are likely to be disputed in the divorce.

What Will Happen at the Meeting?

The most important thing to remember about the initial consultation is that no decision must be made right away. Look at this meeting as a fact-finding opportunity, and keep in mind the purpose is for the attorney to get to know the potential client. Then, both can mutually decide if there is a good fit and take the necessary steps to formalize the attorney/client relationship. The attorney will ask questions about the marriage, children and any unique dynamics affecting the family. In addition, the client will learn about the divorce process, including options on the types of divorce that apply to his/her situation. Finally, while every divorce is unique, there are some commonalities, and the attorney has likely heard a similar story before. Thus, there is no need to feel embarrassed about the specifics of the situation – the attorney is there to help.

Get Legal Advice

The consequences of divorce are far-reaching and permanent, which is why consulting with an experienced divorce attorney is important to protecting your long-term interests. The Tampa Bay law firm All Family Law Group, P.A. strives to resolve divorce cases as amicably as possible, but is prepared to fight for your rights in court if necessary.  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+

Do Grandparents Have Any Rights after Their Child Divorces?

Couples with children who decide to divorce face many challenges as they transition to being single parents. Trying to explain that everyone does not live together anymore is a hard concept for young children to grasp. In addition to losing the family unit, children can find themselves disconnected from family and friends as parents adjust school and living arrangements. One family member that is typically very important to a child’s wellbeing and development is a grandparent. Grandparents hold a special place in a child’s life that is difficult, if not impossible, to replace. However, depending on the circumstances of a divorce, a parent may decide it best to limit or deny a grandparent access to a child. This decision can be devastating for the child and grandparent alike, and Florida law recognizes that visitation with a grandparent should be extended some degree of protection. A number of states have laws on grandparent visitation that vary on how extensive the grandparent’s right to see a child is. A woman from Illinois was recently charged with child neglect for violating court-ordered visitation with her daughter’s paternal grandparents. Florida is on the more conservative side when it comes to grandparent visitation rights, and will only grant it under specific circumstances. This stance is reflective of the strong deference given to parents to decide who should have access to their child.

Petitioning for Visitation

A grandparent may only petition for visitation if one of the following is true:

• both parents are missing, deceased or in a permanent vegetative state; or
• one parent is missing, deceased or in a vegetative state, and the other parent has been convicted of a felony or violent crime that shows the parent poses a substantial threat to the child’s health or welfare.

Thus, the parents must be unavailable to care for their child, and, in a practical sense, the grandparent offers the closest opportunity possible to learn about the absent parent. As a preliminary step to considering the petition, the court must first determine if the parents are unfit or pose a substantial threat. Unless one of these options is answered in the affirmative, the petition will not proceed for full consideration. In addition to assessment of the parents, the court also looks at what is in the best interests of the child, and whether visitation with the grandparent would damage the parent/child relationship.

Factors Used to Evaluate the Petition

The best interests of the child is always a paramount consideration in any family court proceeding. In the context of grandparent visitation, the court looks at:

• the emotional ties between the grandparent and child, especially if established when access was previously allowed;
• the length and quality of the grandparent/child relationship, including if the grandparent provided regular care and support;
• the reasons given by the parent for cutting off visitation;
• if the child suffered harm due to the disruption in the grandparent relationship, and if the grandparent’s stability and support could prevent further harm;
• the mental, physical and emotional health the of the grandparent and child; and
• the child’s preference, if mature enough to make a reasoned decision.

When it comes to evaluating the impact of grandparent visitation on the parent/child relationship, the court considers several factors, including:

• previous disputes between the parents and grandparents over childcare;
• if the visitation would compromise or interfere with the parent’s authority;
• whether visitation would expose the child to morals, beliefs or practices that conflict with parent’s wishes; and
• the psychological effect of the visitation disputes on the child.

Consult a Family Law Attorney

If you are struggling with a child visitation dispute, talk to a family law attorney about your rights and obligations. Parents have a lot of leeway to decide who can see their child, outside of the other parent. The All Family Law Group, P.A. helps individuals in the Tampa Bay area resolve a variety of family law issues, including child custody and visitation. 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+

   

Dealing with a Spouse Who Is Intentionally Hiding or Squandering Marital Assets Pending Divorce

Married couples spend years building up assets in the hope of gaining financial stability for their family, and this effort often requires many sacrifices to produce the desired results. Consequently, if a couple later divorces, dividing this property frequently becomes a contentious and highly litigated issue. Relinquishing control over something that required considerable effort is understandably difficult. However, unless a prenuptial agreement exists, the division of marital property is mandated by Florida law. Typically, marital property is equally divided between spouses under the premise that each provided equivalent contributions to the acquisition of the assets. But, if there are concerns about a spouse dissipating assets during the marriage and/or while the divorce is pending, the court can take steps to rein in this behavior if sufficient evidence is brought to its attention. Basically, the law does not want one spouse to unfairly and unilaterally gain a greater share of the marital property at the other spouse’s expense, and potentially leave the innocent party with no financial resources following the divorce decree. A woman from Florida is facing this situation as she seeks to stem the further loss of marital property to her husband’s mistress. The woman filed for divorce earlier this year after learning of the affair, and believes the amount that actually benefited the other woman is far in excess of the $11 million claimed by her husband. A discussion of what a spouse can do to stop dissipation, or waste, of marital property, as well as how to recover the squandered funds in a divorce, will follow below.

Actions Considered Dissipation of Assets

A spouse is considered to have dissipated marital assets if he/she attempts to hide or waste the assets, and thereby deprives the other spouse of the benefits the property provides. Dissipation can include transferring money to family members, wiring money to an overseas bank account, or intentionally running up huge credit card debts to punish the other spouse for getting divorced. Further, changing the beneficiary of a life insurance from a spouse to a mistress, for example, would also be viewed as waste since the intent is to deny the spouse the benefit and use of the proceeds. If this type of behavior is suspected, action must be taken as soon as possible to prevent further, and potentially unrecoverable, losses of marital property.

Injunctions

Florida law allows spouses to petition the court for an injunction to prevent the other spouse from disposing of or concealing the property. This means the spouse named in the injunction is prohibited from removing the property from the state or reducing its value in any way without the other spouse’s permission. If a spouse violates the injunction, the other spouse may file a petition with the court to hold him/her in contempt, and may also include a demand for the spouse to deposit a sum of money with the court to cover the value of the lost assets, if they are unrecoverable, as an incentive to prevent further violations. The payment is also usually necessary to avoid a jail sentence for contempt.

Property Division in Light of Lost Assets

If a spouse did dissipate marital property, this behavior can have a significant effect on the division of property in a divorce. The court will value assets lost to dissipation, and award a greater amount of the remaining marital property to the innocent spouse. If the remaining marital property is insufficient to cover the value of the wasted assets, the court will look to the guilty spouse’s separate property to find restitution for the other party.

Get Help

If you are concerned a spouse is disposing of assets without your knowledge or consent, talk to a family law attorney as soon as possible. The quicker legal action is taken, the greater the possibility of tracking and recovering the property. The All Family Law Group, P.A. represents clients throughout the Tampa Bay area in family law matters, including property division, and can help you get the settlement you deserve.  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+

What to Do When You Suspect the Other Parent Plans to Kidnap Your Child

Ask any child of divorced parents what would make them happy, and most will respond with having their parents together again. While it is fairly well known that children tend to do better in intact homes, this situation is not always tenable or in the child’s best interest if the parents are unable to maintain a healthy and functioning relationship. When a couple does decide to separate or divorce, and issues of child custody and parental responsibilities are addressed, most parents strive to make decisions that are best for their child. Unfortunately, though, not all parents are willing to discuss or compromise their positions on their children, and this unyielding attitude can easily lead to disputes. An extreme manifestation of this inflexibility is a parent who decides to ignore or directly violate a parenting plan in order to keep a child away from the other parent or legal guardian. A woman in Citrus County was recently arrested for interference with child custody when she forcefully took her children from the court-appointed guardian after being told she had no legal right to see them. Worrying about a parent kidnapping his/her child is a terrible scenario for the other parent, but the law does offer some protections to a parent fearing this possibility.

Parents at Risk of Violating Parenting Plan

The purpose of a parenting plan is to establish the responsibilities of each parent, and includes a time-sharing schedule that outlines how much time a child will spend with each parent. If a parent has legitimate evidence that another parent is likely to violate the parenting plan by removing a child from the state or concealing the child’s location, the parent can file a petition with the court asking it to block any possible attempts. The court has authority to prohibit the parent from taking certain actions that would facilitate travel with or concealment of the child. Some of the options a court has to inhibit a parent’s ability to violate the parenting plan include:

• requiring court permission or the consent of both parents to remove the child from the state or country;
• requiring the parent to surrender the child’s passport;
• imposing travel restrictions that insist on a parent providing a travel itinerary and contact information for the child before travel can commence;
• prohibiting a parent from removing the child from school or approaching the child outside of the designated site for visitation; and
• imposing limitations on visitation or requiring all visitation with the child be supervised until the risk of a parenting plan violation has subsided.

Bringing a Child Home

Once a child is taken to another state or country and contact with a parent is cut off, it is important to know what laws are in place to resolve this situation. Most states, Florida included, enacted a law that governs child custody disputes that cross state lines. The law, the Uniform Child Custody Jurisdiction and Enforcement Act, allows courts in different states to speak to one another in order to determine which court should decide the child custody case, and ultimately, where the child should live. This decision is based on the residency of the child, which is typically established by where child lived for the previous six months. Consequently, taking legal action as soon as possible is important to preventing a change of residency for the child. Motions related to child custody disputes are heard quickly to facilitate an efficient resolution of the matter for the sake of the child, especially when parental kidnapping is alleged.

The most important thing, when a threat such as this exists, is to get a court order outlining the rights of each parent. Without this legal backing, law enforcement will not have the authority to intervene if there is a kidnapping, leaving one parent with little recourse to get the child back.

Hire a Family Law Attorney

If you are fighting with an ex-spouse about parenting time or other child-related matters, and fear he/she will take action to keep the child away from you, you need to speak with an experienced family law attorney as soon as possible. Keeping the child in the state is imperative to protecting your rights, and the attorneys at the All Family Law Group, P.A. understand how important child custody issues are. 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+

The Role of Prenuptial Agreements in Divorce

When couples begin conversations about getting married and starting a future together, they are understandably reluctant to consider what could happen if the relationship does not last. At the outset of any happy time it is difficult to think about possible negative futures, but unfortunately not all marriages survive, and thinking about the financial ramifications of a divorce should lead many couples to explore the benefits of a prenuptial agreement. Prenuptial agreements are contracts executed before a couple marries that outline how property will be divided if they later divorce. The divorce of celebrity couple Brad Pitt and Angelina Jolie is the situation most people envision in which a prenuptial agreement has value. Thus, many couples believe, especially if they are young, that prenuptial agreements are unnecessary because they own very little of value, but it is hard to predict what a person’s financial situation will be in twenty or thirty years, and substantial assets could accumulate during the life of the marriage. In addition, if person is entering a second or third marriage, he/she will likely possess sizeable property and/or have concerns about protecting property for children from an earlier marriage. In either case, a prenuptial agreement would address these issues.

Creating a Prenuptial Agreement

The most important thing to realize about prenuptial agreements is that they must be created before the marriage occurs, and are only effective if the marriage takes place. As such, if a couple drafts an agreement, but later decides to skip marriage in favor of living together, the contract has no force as a prenuptial agreement if the couple later breaks up. The legal formalities for prenuptial agreements are simple: it must be written, and signed by both parties. Any changes to the content or decisions to revoke a prenuptial agreement must be writing and signed by both parties as well. Putting together the bare bones of an agreement is relatively easy, but figuring out which terms are permissible and make sense for each person’s unique situation requires more work.

What Can the Contract Say?

Florida law limits the content of prenuptial agreements to the division of a party’s financial assets, real and personal, tangible and intangible, and specifically delineates what the agreement may address. The permissible terms of a prenuptial agreement include:

• the rights of each party over property acquired at any time or under any circumstances;
• the right of either party to buy, sell, transfer, manage, or control property;
• what happens to property upon divorce or the occurrence of another event;
• whether and how spousal support will be paid;
• who retains ownership rights in death benefits paid under a life insurance policy; and
• the need to create a will, trust, or other estate planning arrangement to carry out the terms of the prenuptial agreement.

Note that prenuptial agreements cannot reduce or eliminate a party’s right to pay or receive child support, and if the elimination or modification of spousal support would cause a party to qualify for government assistance, a court has the authority to order spousal support notwithstanding the terms of the prenuptial agreement.

Get Legal Advice

The complexity of a prenuptial agreement is entirely dependent on the wishes of the parties and types of property they own, so do not assume a highly technical agreement is needed in every situation. However, protecting carefully accumulated assets is always in your best interest, and an experienced family law attorney can help you accomplish that interest. The Tampa Bay law firm All Family Group, P.A. is well versed in all areas of marital and divorce law, and is ready to help you with all your legal needs.  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+

Deciding Which Kind of Divorce Is Right for You

Any couple together long enough will go through difficult patches of time where one is out of sync with the other, and many discussions end in argument. Most of the time, moving past the rough period intact is possible. However, sometimes the problems are deeper than surface disagreements, making it impossible to stay together. At this point, which is different for everyone, divorce enters the picture, and spouses must begin the process of unraveling their lives. While this process is often painful and demanding, spouses sometimes find their relationship as exes is better than when married. Once the decision is made to dissolve the marriage, the next step is to determine what type of divorce is appropriate. All divorces legally end a marriage, but not all divorce cases are processed in the same manner. A recent article discussed the divorce of the mayor of Cape Coral from her husband after less than three months of marriage, and noted that the couple filed a simplified divorce petition. Simplified divorce is one option for couples seeking to end a marriage, but is often unavailable to most divorce petitioners for reasons that will be discussed below. Selecting the correct type of divorce petition is a crucial aspect of court procedure. If the wrong one is filed, the case will be dismissed and will require a re-filing of the appropriate type, along with additional time and money utilized by both parties.

Simplified Dissolution

Simplified divorce is a faster and less expensive divorce process for those couples with no issues to resolve. Both parties must be in agreement on all of the following points, and jointly sign the petition for divorce. All of the following must be true in order to qualify for simplified divorce:

• both spouses agree the marriage is irretrievably broken;
• the parties do not share minor or dependent children, nor is there a pregnancy;
• the parties agree on the division of all their assets and liabilities;
• neither party is asking for alimony;
• at least one spouse has resided in Florida for the previous six months; and
• both parties are willing to jointly attend the final hearing before the judge.

One important right this simplified process takes away is the right to examine the other spouse through the collection of information before trial or as a witness during trial. This happens because simplified dissolution requires both parties to waive the right to a trial and appeal. This limitation on information is further expanded to the disclosure of financial information. While both parties are required to submit a financial affidavit, any further requests for financial information are not always enforceable.

Regular Dissolution

If a couple does not meet the criteria for a simplified divorce or declines to consent to the waiver of rights, a regular divorce petition is the option left to them. Regular divorce cases begin when one party files a petition for divorce. In addition to requesting a divorce, the petition includes any other demands a party may have, like specific property division terms, alimony, child support, or parenting time.  Where it goes from here depends on whether the divorce case is contested or uncontested.

The other spouse always has 20 days to respond after the receiving divorce petition, and if the response agrees with the demands of the petition, making the case uncontested, the parties can ask for a final hearing date to conclude the matter once the required financial disclosure is complete. If, however, the other party files a counter-petition disputing the demands listed in the petition or makes new demands, a Notice for Trial must be filed, as this case is contested. A contested divorce is like any other lawsuit where the parties exchange information and present arguments to the judge through filing additional documents or attending live hearings. This is a lengthier process, but may be necessary if the parties cannot agree, or have another type challenge preventing resolution of the case.

Get Help

Regardless of the kind of divorce petition you file, you are permitted to retain legal counsel to represent your interests. In divorce cases, where the outcome has significant and long-lasting effects on a person’s daily life, it is important to work with a divorce or family law attorney to ensure you do not unnecessarily give up your rights and fully understand the legal consequences of your decision. The Tampa Bay law firm, All Family Law Group, P.A., will evaluate the unique facts of your case and guide you through the divorce process to its end.  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+

Can You Undo a Divorce Decree?

Deciding to get divorced usually comes after much deliberation and numerous attempts to save the marriage. Once the decision is made, however, the parties are typically firm in their position that the marriage cannot continue. Nevertheless, there are instances where a couple later determines they want to attempt reconciliation instead of divorce. While this situation is good for the spouses personally, legally there could be difficulty depending on far the divorce case has proceeded through the court system. If a default judgment or final divorce decree was issued, courts are reluctant to undo such decisions because the stability of the legal system rests in part on the finality of court actions. In addition, the legal complexity of reintegrating all of the matters a divorce separates makes it virtually impossible to really undo a divorce decree. Consequently, if the divorce case has reached an endpoint, courts will only overturn an order in limited circumstances. If, however, the case is earlier in the process, stopping divorce proceedings is easier and generally brings fewer consequences. Certainly such requests are the exception in most divorce cases, but understanding the procedure to cancel a divorce decree will illustrate the seriousness of seeking divorce.

Dismissal of Pending Divorce Case

If a divorce case is still pending and no final orders have issued from the court, it is relatively simple to withdraw the petition. All that is necessary is for one party to file a voluntary motion for dismissal requesting the court to stop the case at the present point and discontinue further proceedings. If the other party filed counterclaims earlier in the case, it may be necessary that he/she also file a motion to dismiss. Note that if the court entered interim orders for child support or alimony, these benefits would go away. Thus, it is important for parties to assess what they would lose by ending a divorce petition.

Vacating Default and Final Judgments

When a court issues a final judgment in a case, it means the judge has considered and decided all pending matters before the court. The verdict is released in a written decision that can be used to enforce the terms of the court’s judgment. While most people associate final judgments with the end of a case after both parties present their arguments, it can come earlier in the form of a default judgment. When a legal petition is filed with a court, all named parties must respond to the demands or allegations made against them. If any party fails to respond, the court can enter a default judgment against him/her that grants all of the demands of the opposition. This is a severe result, so it is crucial to respond to every court document received in a legal case.

Overturning a final judgment is a complicated process, and a court will only consider it if one of the following circumstances exist:

• mistake, unintentional or excusable neglect, or surprise;
• newly discovered evidence that was not available or discoverable during the pendency of the case; or
• fraud, misrepresentation, or other bad conduct by a party.

None of the grounds for vacating a final judgment is easy to show, but in the event a decent argument can be made, the knowledge of an experienced divorce attorney is needed to evaluate the facts of the case in order to give such a request the best chance of succeeding. Also, it is important to mention that a party can use these grounds as basis to reopen a divorce case and argue it needs to be reconsidered or modified.

Talk to a Divorce Lawyer

If you have questions or concerns about the final judgment issued in your divorce case, talk to a divorce attorney to learn what your legal options are. The All Family Law Group, P.A., located in the Tampa Bay area, handles all aspects of divorce and family law cases, including post-judgment appeals and petitions.  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+

The Impact of Domestic Violence on Divorce

Living under the specter of domestic violence is one of the most crippling set of circumstances a person can experience. Never knowing what will set off an abuser leaves the victim in a perpetual state of fear that makes taking action almost impossible. Taking the steps to leave this situation requires a lot of courage, especially if the victim plans to file for divorce. It is frequently necessary for abused spouses to move out of the marital home and away from the reach of the other spouse prior to informing him/her about the divorce case. It may seem that domestic violence is mainly the problem of the poor and unemployed, but it happens in every economic class. A recent news story about the divorce of state Rep. Alan Grayson discusses allegations of domestic abuse made by his former spouse throughout their 20-year marriage. The state recognizes the vulnerable position victims are in physically and emotionally, and as a consequence, included provisions in Florida divorce law that attempt to erect safeguards to protect battered spouses. An overview of the law on this issue will follow below.

Parenting Plans

The most direct way to deal with domestic violence is to ask a court for a protective order that demands the alleged abuser stay away from the victim. But, this procedure does not take into account the parental rights of the alleged abuser or the risk posed to an abuser’s children by maintaining contact. Consequently, the intersection of divorce and domestic violence mainly relates to the type of relationship and access the abusive parent should have to the child. Parenting plans are the documents that lay out the responsibility and authority each parent will hold over the child and how much time the child will spend with each. If there is a lot of dispute over these issues, which could certainly happen in this type of situation, the standard protocol is to order the parents to parenting coordination where a third party helps the parents resolve the disagreements. In families with domestic violence however, this process is not an option unless both parents agree to participate and are given an opportunity to consult with a lawyer or domestic violence advocate before giving consent. Further, the court will thoroughly probe the consent given by each party to make sure it is voluntary and freely given.

A court must approve a parenting plan before it is enforceable, and the overriding factor in a judge’s analysis of appropriateness of an arrangement is the best interests of the child. Normally, both parents are given some measure of parenting time unless there is something that would be detrimental to the child. In that vein, Florida law specifically states that evidence of or a conviction for domestic violence is automatically seen as a detriment, and this could result in a judge limiting or denying contact between the abuser and the child depending on the circumstances.

Child/Parent Relocation

Once the divorce is finalized and the parenting plan in place, if the parent with primary responsibility for the child wants to relocate, the parent must first receive permission from the court. One factor a court uses when evaluating whether to give permission for relocation is history of a domestic violence by either parent since the decision ultimately rests on what is in the best interests of the child. However, if one parent relocates to escape domestic violence, the move is not viewed as a violation of the parenting plan.

Get Legal Advice

If you are seeking a divorce from a marriage with domestic violence, it is important to work with an attorney knowledgeable about effects of domestic violence on divorce. Protecting you and your family from further violence is of paramount importance, and an attorney will know the options available to keep your spouse away from you. The Tampa Bay law firm of All Family Law Group, P.A. has extensive experience in areas of family law, including domestic violence, and can help you get the fresh start you need.  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+

Resolving Divorce Issues Outside of Court

When people usually think about divorce, they picture a courtroom with the parties appearing before a judge to argue their respective positions. This is the image of the legal system in America – working out disputes in front a judge who makes the final decision on issues like who is at fault, should pay money, or receive custody of a child. Given that divorce is traditionally seen as a contentious process that often requires the parties to openly contest the demands of the other, it makes sense that alternative ways of resolving disagreements are often unknown, let alone discussed. However, there are numerous advantages to settling divorce concerns in forums outside the stressful environment of the courtroom. If parties want to preserve their relationship in order to better co-parent a child or continue operating a family business together, choosing a less combative proceeding presents a better opportunity to achieve that aim. In fact, Florida recently passed legislation that formalizes a collaborative divorce process that is intended to facilitate amicable dissolutions.

Mediation

Mediation is a process whereby a neutral third party attempts to help individuals in a legal dispute come to an agreement. Essentially, a mediator works to help the parties communicate more effectively and concede a compromise if it is necessary to prevent an impasse in the process. It is common for each party to have his/her own attorney present at mediation sessions to ensure legal interests are not unnecessarily given away. This procedure is voluntary, and either party can opt out at any time in favor of pursuing a traditional suit in court, but some of the advantages of this method include:

• lower cost;
• faster timeline;
• parties can choose the mediator;
• facts of the case remain private and confidential; and
• complete control over the outcome.

In addition, it is worth noting that Florida law permits a judge to refer parties to mediation in cases where the parties are disputing parental responsibility, visitation, or child support, so this is a process that is already recognized as beneficial by the traditional legal establishment.  In Hillsborough County, mediation is mandatory before the parties can have a hearing before a judge.

Collaborative Divorce

Finally, the Florida legislature recently passed a law that formalizes the operation of the collaborative law process for family law matters in this state. This method offers a non-adversarial approach to conflict resolution that is intended to preserve the parties’ relationship. It is a voluntary settlement process that employs the services of mental health and financial professionals, as well as specially trained attorneys, to help the parties collaborate towards the satisfactory settlement. The parties enter into a participation agreement wherein they agree to forego filing a standard divorce petition while engaged in the collaborative process. Further, if the parties are unable to come to an agreement in this forum, the attorneys must withdraw their representation, and cannot participate in the court case.  Usually this method is employed only if there are mental issues involved, alimony, real property and personal property which require experts to help resolve the issues.  If not, then it is not necessary to go through this process and one attorney can be utilized throughout the proceedings.

Consult a Family Law Attorney

If you are seeking a divorce, regardless of whether you can or cannot come to an agreement, a case will have to be filed with the court.  And even if a case is filed before you come to an agreement, this does not mean you cannot amicably resolve your differences thereafter and have an uncontested divorce.  A family law attorney can advise on all the alternative dispute resolution options, and help guide you to the type that is most advantageous for you. The Tampa Bay All Family Law Group, P.A. is experienced in adversarial and non-adversarial approaches to divorce, and can adapt to either approach if circumstances change. 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+

Key Terms Everyone Getting Divorced Should Know

Making the decision to divorce a spouse is one of the largest, hardest, and most far-reaching acts a person can make in their life. The impact of divorce goes far beyond the couple, especially if they have children, and extends to family and friends who may feel compelled to choose between the two parties. Given the emotional turmoil that accompanies divorce, it may be tempting to tune out and disassociate from the legal proceedings once a divorce lawyer is hired to handle the case. However, it is important to be engaged in the divorce process, despite the hard emotions, because of what is at stake. While a divorce attorney can represent the interests of a divorcing party, this person must maintain an active and engaged role throughout the process to ensure the outcome is in keeping with the party’s personal and familial goals. Further, it can be easy to assume one already knows the necessary information about divorce because of its constant presence in society, but unless a person has previous experience or legal training, there is a risk of oversimplifying what getting divorced actually means. Consequently, having a basic foundation in the key terms that come up in every divorce will help to prepare individuals on what to expect, which allows for thoughtful and informed decision-making.

What Is Divorce?

Divorce, or dissolution of marriage, legally severs the union between a couple, and puts them back in the same state they enjoyed as single individuals. Essentially, this process is the legal termination of a marriage, and how couples disentangle their lives from one another. Divorce is initiated when one spouse files a petition in court, and is concluded when the spouses agree on the division of property and responsibilities, or if the parties cannot agree, when the court forms the terms of settlement.

Types of Divorce

While it may appear that all divorces proceed in the same way, more or less, there are, in fact, several different types that affect how long it will take to finalize the divorce and how complex the case will be.

• Fault vs. No Fault Divorce – Florida, like most states, has no-fault divorce, which means it is not necessary to prove that the actions of one spouse caused the end of the marriage. Instead, all that is required is to state that the marriage is “irretrievably broken.” Florida retains one basis for a fault-based divorce based on the mental incapacity of a spouse, but this provision is rarely used because the incapacity must exist for at least three years and be confirmed by a judicial order.
• Contested vs. Uncontested Divorce – In addition to determining the grounds of divorce, one also has to assess whether the divorce is contested or not. A contested divorce means the parties do not agree on all issues, such as property division, support, or child custody, and the parties will need to file a standard divorce petition based whether they own property together or have children. Florida also offers a simplified divorce for couples that have no disputes or minor children together. Simplified divorces move through the system much faster, but require the parties to waive their right to a trial and to seek alimony.

Common Issues

Financial Concerns: Because married couples tend to intermingle income, property, and debts, it is necessary to determine how these areas will be divided in divorce. Specifically, divorcing couples must decide:

• how to divide assets, such bank accounts, stock portfolios, and pensions;
• how to divide debts;
• how to handle jointly-owned property, like the marital home; and
• whether to pay alimony to one spouse.

Children: Disagreements about children account for most of the disputes in divorce, as parents attempt to work out:

• Custody;
• child support; and
• parenting plans.

Talk to a Divorce Attorney

While this article gave you a brief overview of the components of a divorce case, each case is unique and could have issues not covered here. A divorce lawyer can advise you about the particular law that applies in your case, and help you get the outcome you want. The All Family Law Group, P.A. will walk you through the divorce process step-by-step as you begin the next phase of your life.  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+

The Lesser Known Option to End Marriage: Annulment

When married individuals consider ending their marriage divorce is usually the first and only option they explore. This default starting point makes sense when one thinks about the lack of other viable options discussed and/or known by most people. In addition, many people look to divorce as the easiest available option, and avoid other possibilities for ending a marriage out of a desire to exit the relationship quickly. However, while Florida does not offer couples the option of a legal separation, statutes and law established through court cases do permit couples to annul a marriage in certain situations. A natural question that emerges for most people when this topic comes up is why they should choose this over divorce. Ultimately, the principal advantage of annulment is that it legally treats an annulled marriage as if it never existed. And, there are circumstances where a person would rather have no legal association with a past partner that justifies this more involved step. A recent story on Fox News serves as an example of a spouse that would have reasonable grounds for seeking an annulment. A Zephyr Hills man assumed a fake identity for over 20 years in order to avoid a second divorce. His new wife had no idea her husband was using a false identity until police appeared at their door to arrest him for identity theft, and she is now left to deal with the legal and emotional fallout of his decision.

Void Marriages

As a preliminary point, it is important to note that Florida does not have specific law on annulment. Rather, it has statutes and case law that establish when a marriage may be declared void or voidable. Void marriages are unions that were invalid from the start and can never be legal. Voidable marriages, on the other hand, were not necessarily invalid from the start but potentially could be. All void marriages can be annulled, but only some voidable marriages may be. Some examples of void marriages under Florida law include:

• bigamy – marriage to more than one person at the same time;
• incest – marriage to a blood relative;
• underage couples – 18 is the minimum age to get married unless there is consent from the couple’s parents. Note that an exception can be made if the couple is expecting a child; and
• permanent incompetency – marriage to a person unable to give informed consent to the marriage due to permanent mental incapacity.

Voidable Marriages

Obtaining an annulment for a voidable marriage is a more difficult process because the allowable circumstances are more complex and subjective. Further, the law in this area is exclusively based on past court decisions, which leaves the reach and application of the law open to interpretation. However, the following grounds are historically recognized as sufficient to justify annulling a marriage:

• sham or fraudulent marriages, such as to gain legal immigration status, public benefits, or Social Security. There must be no intent to live together as married couple by one spouse, with the other being entirely innocent;
• lack of consummation, but this claim should be made relatively early in the marriage to have a convincing argument; and
• concealment, such as one spouse hiding the fact that he/she cannot have children.

Consult a Family Law Attorney

Annulment cases are very complex, and typically involve very complicated sets of facts that require an experienced lawyer to effectively present in court. The All Family Law Group, P.A. in Tampa Bay understands the law and resource investment needed to win these cases, and can help you determine if annulment is right for you.  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+

Divorce and Mediation

Given the emotional, financial and legal upheaval divorce creates for most couples, it is easy to understand why divorcing spouses have trouble seeing issues eye-to-eye. Typically, a person’s entire world changes in the wake of divorce, and seeing the other spouse as the source of this conflict certainly makes it challenging to find places of agreement. However, there are circumstances where it may be preferable to find areas of commonality and to work together toward resolution with minimum amounts of dispute to keep the relationship as intact as possible. This need for cooperation is often seen in divorce cases involving children or spouses that own and operate a business they wish to maintain with minimal disruption. Taking a divorce case through the traditional court process is, by its nature, a combative procedure. Each spouse takes a position on each issue, there is little collaboration, and a third party, in the form of a judge, is the ultimate decision-maker. There is another option that allows divorcing spouses to work together toward resolving issues in a more congenial manner – mediation. An overview of how this process works, and when courts require parties to a divorce to enter into it, will follow below.

What Is Mediation?

Mediation is a non-adversarial process where parties in a dispute discuss areas of disagreement in the presence of a mediator. A mediator is a neutral third party that attempts to help the parties better communicate, which makes it more likely they will be able to resolve their issues. Even though judges are not involved in the process, lawyers can still attend mediation sessions with their clients to help them make informed decisions with an eye toward the legal consequences. An advantage of mediation over litigation is that this process is private and confidential, and records of the parties’ agreement are not open to the public. In traditional divorce cases, unless a judge makes the unusual decision to seal the records, all the documents filed with the court are public records. Further, mediation is faster and less expensive, and the parties have complete control over the outcome. Note that this process is voluntary, and either party can withdraw at any point and for any reason. If the parties cannot come to an agreement, they still have the option of proceeding with the divorce case in court.

When Is It Required?

Some mediation is required under court order, and the parties must make a good faith effort to resolve their disputes in this forum before returning to the judge for resolution. In family law matters, courts will order the parties to undergo mediation if the following issues are under dispute:

• parental responsibility;
• which parent should provide the primary residence for the child;
• access to a child;
• visitation; or
• child support.

If the parties are able to agree, the terms of the agreement are formally documented by the mediator in a consent order that is submitted to the parties and their attorneys for review. If the parties approve the consent order, it is then given to the judge for final approval, and once granted, the consent order is enforceable to the same extent as a regular court order.

Talk to a Divorce Attorney

If you are facing divorce and want to know your options for resolving disputes outside of court, talk to a divorce attorney who can advise of the different options available, which extend beyond just mediation. The Tampa Bay law firm of All Family Law Group, P.A. works with divorcing clients in all stages of the process, and in forums outside of court.  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+