A Lesson in Incivility

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As family law litigants should always treat the opposing party with respect, so should attorneys treat opposing counsel.  In fact, under Florida Bar Rule 4-8.4(d), attorneys are prohibited from “disparag[ing]…litigants, jurors, witnesses, court personnel, or other lawyers on any basis.”  However, some attorneys are just not keen on getting along.

Recently, two attorneys were reprimanded by the Florida Bar for hostile and unprofessional behavior.  Below are excerpts from emails they exchanged (as published in the January newsletter of the Hillsborough County Bar Association’s Family Law Section):

“I do not think I deserve the jerk comment.  I was actually on the internet trying to find out what type of retardism you have by checking your symptoms, e.g. closely spaced eyes, dull blank stare, bulbous head, lying and inability to tell fiction from reality, so I could donate money for research for a cure.  However, apparently those symptoms are indicative of numerous types of retardism and so my search was unsuccessful.  Have a great day Corky.  I mean; Mr. Mooney.”

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The Consequences of Financial Infidelity

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An interesting clip from Tantao News on a poll concerning financial dishonesty in marriage:

Simplified Dissolution of Marriage

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Under certain circumstances, spouses may jointly file for divorce and schedule their case for a final hearing within thirty days or less.  Pursuant to Florida Family Law Rule of Procedure 12.105, this is known as a simplified dissolution of marriage.

Eligibility for a Simplified Dissolution of Marriage

To be eligible for a simplified dissolution of marriage in Florida, the following must be true:

  • The parties have no minor or dependent children;
  • The wife is not pregnant;

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Section 61.538, Florida Statutes

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Role of state attorney.—

(1)In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination, if there is:

(a)An existing child custody determination;

(b)A request to do so from a court in a pending child custody proceeding;

(c)A reasonable belief that a criminal statute has been violated; or

(d)A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(2)A state attorney acting under this section acts on behalf of the court and may not represent any party.

History.—s. 5, ch. 2002-65.

Section 61.542, Florida Statutes

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Transitional provision.—

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at the time the motion or other request was made.

History.—s. 5, ch. 2002-65.

Section 61.541, Florida Statutes

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Application and construction.—

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History.—s. 5, ch. 2002-65.

Section 61.540, Florida Statutes

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Costs and expenses.—

The court may assess against the nonprevailing party all direct expenses and costs incurred by the state attorney and law enforcement officers under s. 61.538 or s. 61.539 so long as the court has personal jurisdiction over the nonprevailing party.

History.—s. 5, ch. 2002-65.

Section 61.539, Florida Statutes

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Role of law enforcement officers.—

At the request of a state attorney acting under s. 61.538, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a state attorney with responsibilities under s. 61.538.

History.—s. 5, ch. 2002-65.

Section 61.537, Florida Statutes

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Appeals.—

An appeal may be taken from a final order in a proceeding under ss. 61.524-61.540 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under s. 61.517, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

History.—s. 5, ch. 2002-65.

Section 61.536, Florida Statutes

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Recognition and enforcement.—

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this part which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under ss. 61.514-61.523.

History.—s. 5, ch. 2002-65.