General information on dissolution of marriage

Florida Clerks of the Court Face Budget Cuts

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Florida clerks of the court, like other government agencies, are facing severe budget cuts. Statewide, Clerks of the Court budgets are being slashed by $31 million.  Locally, the Pasco clerk is facing a $825,000 million budge cut, while the Hillsborough clerk is trying to find a way to cope with a haircut in the order of $2 million.

As a result, you can expect a slowdown in the services provided by an already overwhelmed clerk, including the processing of divorce and other family law matters.

The Pasco clerk has published the following notice on its website:

Plasco Clerk Cuts Customer Service Hours

If you have questions regarding Florida divorce and you wish to schedule a consultation with a Tampa Bay family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or via our online consultation form.

Do Fathers Ordered to Pay Child Support Have Custody Rights?

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I see it all the time.  A mother requests state welfare benefits, and the Florida Department of Revenue inquires as to whether the mother is receiving child support from her child’s father.  The answer is no, and the Department of Revenue then initiates an administrative action to get the father to financially support his child.

Sometimes, the father admits that he is the child’s parent, and other times paternity is established through genetic testing, but the ultimate result is that the father is ordered to pay child support.

So, then, since he is paying support, does the father automatically get custody rights?

Though a mother should encourage a loving and continuing relationship between her child and the child’s father, the father does not automatically get custody rights.

However, the father can establish those rights.

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This is Why Florida is a “No Fault” Divorce State

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Florida is a “No Fault” divorce state.  This means that parties do not have to accuse one another of doing harm to the marriage, such as by committing adultery or domestic violence, for a judge to grant a dissolution of marriage.  Rather, a party merely needs to allege that the marriage is “irretrievably broken.”

The usual test that a Tampa Bay judge gives to determine whether the marriage is irretrievably broken is to ask the question, “Would therapy or counseling help repair the marriage?”  If either party states that counseling would not help, a final decree of divorce will likely be granted.

As it turns out, England is not a “No Fault” divorce jurisdiction.  The New York Times reports that, since English parties must give reasons for seeking divorce, the court record is filled with highly personal, and sometimes downright wacky, divorce allegations.  Below are some of those allegations:

  • A husband insisted that his wife dress in a Klingon costume and speak to him in Klingon;
  • A wife maliciously and repeatedly served her husband the food he least liked: tuna casserole;
  • A wife spitefully tampered with her husband’s television antenna and, even worse, threw away his cold cuts; Read more →

Tax Issues for Divorcing Spouses to Look Into

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Mandi Woodruff at the Business Insider provides the following tips for divorcing spouses:

Procrastinating. If you’re newly divorced and haven’t filed taxes as you read this article, you might want to get a move on it. First of all, there’s no telling how willing your ex will be to fork over his or her tax records, which could throw a major roadblock in your way. And if you’re relying on a CPA or tax preparer to play mediator, chances are high they’ll be too swamped this late in the season to field your last-minute questions.

Setting yourself up for liability by filing jointly. Every couple has to decide whether to file as married (joint) or married (filing separately) after a divorce. There’s a big difference here, which is that filing jointly means you’re on the hook if your ex winds up in tax trouble. “You’re liable for everything on the tax return even if it’s related to your spouse,” Mindel says.

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Does Florida Have A Waiting Period For Divorce?

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Oftentimes when potential clients come into my office for a consultation, I get asked the following question:  “Does Florida have a waiting period for divorce?”

In fact, Florida does have a waiting period.

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Can Smoking Affect Your Child Custody Case?

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As a former cigarette smoker, an article in the Washington Times regarding smoking and child custody piqued my interest. Below is an excerpt:

States are increasingly factoring in cigarette smoking in making decisions about who gets custody of minor children. The group Action on Smoking and Health, an anti-tobacco advocacy group, surveyed custody issues involving cigarettes and tobacco use.

  • In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody.
  • No judge and no court has ever ruled that subjecting a child to tobacco smoke should be ignored in deciding custody.
  • In thousands of cases, courts have issued orders prohibiting smoking in the presence of a child, especially in vehicles.

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Steps for Paying Florida Child Support Online – One Time Payments

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The folks at the Hillsborough County Clerk of the Court have made a pamphlet available explaining how to make one time child support payments online.  Below you will find the steps:

  1. Go to www.myfloridacounty.com;
  2. Click on “Pay Child Support & View Payment History;”
  3. Click “Pay Child Support Online;”
  4. On the “Add Case” screen, enter the Case Number to which the payment is being applied.  If making payments on multiple cases, each case should be added before proceeding to the next screen.  You have two options to enter the Case Number:  Read more →

Hillsborough County Family Law Judges Begin Utilizing Skype

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As a family law attorney, I often have clients in a Florida matter that reside outside of the state.  I recommend that clients attend their hearings in person, as it gives the judge a face to match with a voice (humanizing the client) and it allows the client to see non-verbal cues from the judge, opposing counsel, or myself.  However, there are times when an out-of-state client cannot make it to a hearing; for these times I often request that the client appear by telephone, and the judge usually grants the request.

Some of the family law judges of the Thirteenth Judicial Circuit (covering Hillsborough County) have announced that they are now equipped and prepared to use Skype in the Courtroom for those clients who cannot appear in person.  This program allows the client to participate in a hearing via webcam.  Though I still recommend that clients appear in person whenever possible, this technology gives a great alternative.

The following family law judges have posted procedures for Skype:

Below is an announcement for the technology posted on Judge Ward’s profile:

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Helping Teens Cope With Divorce

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I came across a great article at the Divorce Saloon concerning how parents with teenagers can help their children deal with divorce.  Towards the bottom of the article the author, Brenda Monteau, provides these five tips:

1) Set boundaries. Just because you are divorced doesn’t mean that you allow your teen to do whatever he or she wants. Don’t let your guilt of “breaking up the family” get in the way of parenting. Just because teens are older than younger kids doesn’t mean they don’t need boundaries, or that they don’t need their parents to act like parents.

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Video: Divorce Sale

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After a spouse gets a divorce, he or she may find it therapeutic on the mind and wallet to purge many of the items equitably distributed to him or her:

Keep in mind that (unless you are in agreement with the other spouse or have an order from the court) you should wait until the divorce is final prior to selling your items.  Otherwise, you may be accused of wasting or attempting to hide assets that would otherwise be eligible for the judge to split up during the equitable distribution phase of your case.

If you have questions regarding the division of assets and liabilities and you are seeking to hire a Tampa Bay divorce lawyer, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.