General information on dissolution of marriage

Florida Divorce, Financial Affidavits, and Privacy

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In almost any Florida family law matter that involves financial issues, such as child support, alimony, division of property and debt, or attorney’s fees, parties are required to exchange and file Florida Family Law Financial Affidavits.  Financial Affidavits outline each party’s source(s) of income, as well as expenses, assets, and liabilities.

And, when they are filed, they become part of the public record, accessible by anyone.

Most people, for any number reasons, do not want their financial profile to become public.  And yet, when people go through the traditional litigated divorce, that’s exactly what happens.

But it does not need to be that way.

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What Are Florida Standard Family Law Interrogatories?

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There are times when a Florida judge orders – or an opposing counsel requests – a person to answer standard family law interrogatories.  So what are standard family law interrogatories?

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Family Law Courtroom Etiquette in Sarasota, Manatee, and DeSoto Counties

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It’s always good to make a good impression when going into a Florida Family Law Court, and one of the best ways to make a good impression is to follow proper etiquette.  Fortunately, the Twelfth Judicial Circuit has published its Rules of Etiquette for Family Law cases in Sarasota, Manatee, and DeSoto Counties:

1. Be aware that the judges, general magistrates, hearing officers, or any other court personnel cannot give you legal advice. You may only obtain legal advice from an attorney. You may obtain general information from the Twelfth Judicial Circuit’s website at www.jud12.flcourts.org.

2. Arrive at least twenty (20) minutes before your hearing is scheduled to begin. There are unpredictable times when legal emergencies pressure the court to begin as early as possible. You should know that a judge may also dismiss your case if you are not present at the scheduled time.

3. All persons appearing before the court must dress in an appropriate manner. Shorts, hats, flip-flops, jeans, sneakers, tee shirts, and tank tops are not suitable for the courtroom.

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A Tampa Collaborative Divorce Can Save You Money | via FamilyBlawg

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I recently had an article published at FamilyBlawg.com:  A Tampa Collaborative Divorce Can Save You Money | FamilyBlawg.  Below is an excerpt:

Though the collaborative process may not be the cheapest in all cases, it has a substantial opportunity to save you money as compared to the courtroom battles we have all come to associate with divorce.

First, child issues, such as custody schedules and decision-making authority, are some of the most emotional and costliest issues in family law matters. Lawyers in courtroom cases tend to prepare interrogatories (questions) to be answered under penalty of perjury, set depositions, conduct opposition research to put the other spouse in the worst possible light, and prepare for trial. Attorneys’ invoices pile up along each stage of this process. Alternatively, these fees and costs can be greatly reduced in the collaborative process where facilitators, who usually are licensed mental health professionals, can cut through the clutter of emotionally-charged issues and bring the clients (and lawyers) to focus on the future and best interests of the children.

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Treatment of Children in Hillsborough County Family Law Cases

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When a person files for divorce (or other family law action involving children) in Tampa, he or she will be provided with a temporary standing order which outlines how he or she should treat children during the matter.  The temporary standing order provides the following guidance:

The safety, financial security, and well being of the children involved in this case are the judge’s primary concern. It is the law that, except in certain rare circumstances, both parents will share parental responsibility for all minor children involved in this case. The law requires parents to share the children’s time and to participate together in making all important decisions concerning the children. The law expects parents to put aside their feelings and cooperate on all decisions involving the children. The following guidelines apply:

A. Children have a right to a loving, open and continuing relationship with both parents. They have the right to express love, affection and respect for one parent in the presence of the other parent.

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Tampa Court Publishes Requirements for Divorce

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In an effort to make the process for divorce clearer to litigants in Hillsborough County, the Thirteenth Judicial Circuit has published the following Requirements for Dissolution of Marriage:

1.  PROOF OF RESIDENCY. 6 months prior to filing Petition. May be proved by drivers license, voter I.D., Affidavit of Corroborating Witness; or testimony of witness. Section 61.052(2), Fla. Stat.

2.  U.C.C.J.E.A. If any minor child or children born as a result of the marriage. Section 61.501 -61.542, Fla. Stat. (2002)

3.  FINANCIAL AFFIDAVITS for each spouse, Rule 12.285(d)(1), Family Law Rules. (This requirement may not be waived if there are financial issues.) Under $50K/Yr. – Over $50K/Yr.

4.  COMPLETED CHILD SUPPORT GUIDELINES WORKSHEET, if there are minor children. Family Law Rules Form 12.902(e).

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Filing a Florida Family Law Case

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The Supreme Court of Florida provides the following information on filing a family law case in Florida:

Filing a case. A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case.

A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened. Delivering the petition to the clerk’s office is called filing a case. A filing fee is usually required.

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Florida Divorce – Time to Respond to a Petition

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It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner.

The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff’s deputy or other authorized process server.  Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner’s requests and allegations.

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Video: The Smart Divorce

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Divorce consultant Deborah Moskovitch discusses her high-conflict divorce and the lessons she learned in the following video from Family Matters:

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Interfaith Marriage and Divorce

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According to USA Today, a 2001 American Religious Identification Survey found that divorce is three times more likely in interfaith marriage than from those marriages where each partner is from the same faith. Here are some other findings from the 2001 survey:

  • 22% of U.S. homes had at least two people from two different faiths in the household;
  • 28.4 million Americans are living in interfaith households;

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