Tag Archive for: divorce

Diana Mercer: 10 Best Ways to Screw Up Your Divorce

/1 Comment/in //Tags: , , by

The Huffington Post offers an intriguing read entitled 10 Best Ways to Screw Up Your Divorce.  This article, authored by a mediator and former family law attorney, explains how to waste money and minimize your opportunity for a successful outcome.  It includes the following tidbits:

  • “Be Disorganized…Either bring none of your financial records to your attorney’s office or court hearing, or bring all your financial records in a paper sack overflowing with miscellaneous papers.”

Read more →

Uniform Child Custody Jurisdiction and Enforcement Act Affidavit

/0 Comments/in //Tags: , , , , , , , , , , , , , by

The Uniform Child Custody Jurisdiction and Enforcement Act (known as the “UCCJEA”) is the body of law that provides Florida courts with authority to rule on issues of child custody.  In virtually every family law proceeding that involves child custody–including divorce, paternity, and relocation–each party is required to file an affidavit that contains certain information and demonstrates to the court that it has jurisdiction over the child. This UCCJEA affidavit must include the following information:

  • The current address of the child;
  • Each address at which the child has lived during the past five years;

Read more →

The Consequences of Financial Infidelity

/0 Comments/in //Tags: by

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

Simplified Dissolution of Marriage

/1 Comment/in //Tags: , , , , by

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;

Read more →

Section 61.520, Florida Statutes

/0 Comments/in //Tags: , , , , , , by

Inconvenient forum.—

(1)A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.

(2)Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(a)Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(b)The length of time the child has resided outside this state;

(c)The distance between the court in this state and the court in the state that would assume jurisdiction;

(d)The relative financial circumstances of the parties;

(e)Any agreement of the parties as to which state should assume jurisdiction;

(f)The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(g)The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(h)The familiarity of the court of each state with the facts and issues in the pending litigation.

(3)If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(4)A court of this state may decline to exercise its jurisdiction under this part if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

History.—s. 5, ch. 2002-65.

Do I Need to Purchase Life Insurance to Secure My Child Support Obligation?

/0 Comments/in //Tags: , , , by

Under section 61.13(1)(c), Florida Statutes, a judge may require a party to purchase life insurance to cover his or her child support obligation in the event of a tragedy.  However, an order to purchase life insurance is discretionary and will depend on the specific facts in your case.

To help you determine whether you will likely be required to purchase life insurance to secure your obligation, you should consult with a family law attorney.

Anger in Harmony: Do Not Interrupt A Judge

/0 Comments/in //Tags: , , by

As I wrote in a previous post, it is important that parties in a family law matter (or any matter) act in a civil manner while in a courtroom.  Please do not follow the example of the wife in this Divorce Court clip:

http://www.youtube.com/watch?v=QpBD97Cq_tk

You should never interrupt an opposing party–and you should especially not interrupt a presiding judge–even if that interruption comes in the form of song.

Divorce: Is there a Residency Requirement?

/1 Comment/in //Tags: , by

Unless one or both parties resided in Florida for at least six months prior to the filing of a petition for dissolution of marriage, a Florida judge will not grant the divorce.  This residency requirement is governed by section 61.021, Florida Statutes.

However, there is an exception to the residency requirement for members of the United States Armed Forces.  A member of the military (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere.  Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident.  Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida.

 

Am I Required to Disclose My Finances in My Family Law Case?

/4 Comments/in //Tags: , , , , , , , , , , by

Rule 12.285, Florida Family Law Rules of Procedure, requires each party to a family law matter to disclose certain financial information to the other party.  Disclosure is strictly enforced in cases with money at issue, including child support, alimony, and equitable distribution or property division. Parties are required to follow Rule 12.285’s disclosure requirements in two ways: (i) providing a financial affidavit; and (ii) exchanging certain documents (also known as mandatory disclosure).

Read more →

Mandatory Disclosure (Rule 12.285, Florida Family Law Rules of Procedure)

/3 Comments/in //Tags: , , , , , by

MANDATORY DISCLOSURE

(a) Application.

(1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for domestic, repeat, dating, or sexual violence, and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally, no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute. Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may be modified by order of the court or agreement of the parties.

Read more →