After you have filed your case, the next step is the Discovery Phase—the process of gathering information about what you know, what your spouse knows, and what third parties may know about your case. Discovery reaches not only financial information but any information necessary to your case.
It can include information available from the other party or third parties regarding issues surrounding the divorce, including facts concerning your financial life or those related to the children, adultery, possible abuse and neglect and other issues.
When a judge has entered the final judgment in your divorce case, in most instances, you are officially divorced. One thought you might have is “at least that is over”—but is it really over?
Unfortunately, maybe not. You may be involved in ongoing litigation even after you are divorced. If you or your former spouse are not happy with the outcome of the case, there may be remedies available for to both of you to challenge or correct the final judgment.
After more than 20 years of being a practicing attorney focused primarily on family law, I would like to share some important insights about the divorce process.
In many marriages, one parent is more rigid and strict, and one parent is more relaxed and lenient. The more rigid parent will not likely gain control over the more relaxed parent’s parenting style and successfully impose his or her more stringent rules on the other parent. Instead, both parents will likely have to learn to work together, and if nothing else, learn to look the other way on contentious issues.
My Ex Is Not Stable. How Can I Get Supervised Time-Sharing?
Time-sharing is a schedule of how the children will spend time with each parent. Unless otherwise notified, the court assumes that both parents are “good parents” and have no issues that affect their ability to parent their children.
However, if your spouse has problems that call into question his or her ability to parent the children safely, you may need to think about a supervised or safety-focused parenting plan.
Can Social Media Affect My Divorce Or Family Law Case?
Many people routinely share personal details about their lives online, where countless numbers of people can see them. When you’re going through a divorce or other family law proceeding, it might be tempting to post insults about your ex or vent to your online “friends.” But keep in mind that unless you have configured privacy settings on your social media profiles, chances are your ex and his or her attorney also are reading your posts.
Most social media platforms offer users the option to restrict access to their information with privacy settings—but many people don’t restrict access. Even when users do restrict access, their information may still be available to other users.
Under Florida law, child support is always subject to modification—in fact, it cannot be designated as “nonmodifiable.” This includes child support ordered from a previous divorce, a paternity action or a support order established by the Florida Department of Revenue.
If there is a prior order in place, a parent, or in some instances the Department of Revenue, may file for a modification if there is a substantial change in circumstances. A change in circumstances can result from many things, but to modify child support the change must be “sufficient, material, involuntary and permanent in nature” and significantly impact the support obligation.
Mediation is a settlement process where a neutral third party, a mediator, assists the parties by facilitating settlement discussions to resolve the outstanding issues in the divorce case. During mediation, the parties remain in control of the outcome, and if they can come to a mutual agreement, the case resolves voluntarily on terms approved by the parties.
In contrast to mediation, a trial is a completely different ball field, where parties lose the control to decide the elements of their divorce and instead opt to have a judge make those determinations.
How Does The Coronavirus Affect My Family Law Case?
As we continue as a community to address the outbreak of the coronavirus (COVID-19), the attorneys and staff at Nicole L. Goetz P.L. are committed to working to provide our clients with the best legal services during this time while protecting them, our community, and our staff.
Although we are carefully following all official recommendations and we are monitoring changes in court operations on a daily basis, Nicole L. Goetz, P.L. remains open.
Support paid for the benefit the children is called child support.
Child support is a right that belongs to the children, not the parents, and you cannot waive it.
In Florida, every parent is responsible for the support of his or her child or children. A parent’s child support obligation is presumptively determined by a statutory formula known as the child support guidelines, and it is based on several factors such as the respective net income of each parent, cost of health care insurance for the children, cost of daycare and the number of overnights each parent has with the children.
What If I Have Good Reasons To Deviate From Our Time-Sharing Schedule?
In divorce cases involving children, the court is required to order a parenting plan that addresses time-sharing when minor children are involved, and the plan ordered will be based on the circumstances of the case. The parties can agree on a plan and the court can approve it, or the court can decide the whole parenting plan through a final judgment or court order.
A parenting plan describes what each parent’s relationship will be with their children and how the parents will share and be responsible for the daily tasks associated with the upbringing of the child. In addition, the parenting plan will
What is the First Thing That Happens After I File for Divorce?
If you have made the very difficult decision to end your marriage and seek a divorce, you probably have questions about the divorce process. You might be confused about what you have to do to file for divorce, what happens once you file, and what you can expect as the case progresses.
A dissolution of marriage action is typically divided into a number of phases, and each phase is a process that you must work through to get to the end result—a divorce.
What if my child does not want to go to or back to the other parent?
The court order is substantially a “law” for you, the other parent and your child. As such, it must be followed. If you refuse to honor the timesharing schedule, your former spouse can file a motion for contempt and/or enforcement against you. In these circumstances, the court can order make-up timesharing, order you to pay attorneys’ fees, and enforce the court-ordered timesharing schedule.
Allowing your child to decide whether or not he or she will follow the law sets a bad example, and it could result in teaching the child to disregard authority. Further, it may subject you to civil contempt or even criminal charges for visitation interference. And, it will be YOU who is charged—not your child. The court can order sanctions against you to compel your compliance with the order, possibly even fines and jail time.
The two most common enforcement and contempt issues are failure to pay support (alimony or child support) and failure to comply with a parenting plan.
However, if there are health or safety concerns that factor into your decision to keep your child from going to or back to the other parent, you may need to put your child's welfare first. You should consult an attorney as soon as possible if these issues arise to determine the correct course of action.
The experienced attorneys at Nicole L. Goetz, P.L. can assist you throughout the entire divorce process, from evaluation through settlement, and if necessary, through litigation of the issue. Our attorneys also assist with post judgment modification and enforcement actions. To schedule a confidential consultation and receive more information about your options, please contact our office in Naples, Florida at 239-325-5030.
The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute, nor should it be considered a substitute for legal advice from a qualified attorney knowledgeable about your specific factual situation.
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What are the factors I should consider when hiring a divorce attorney?
If you have decided to hire an attorney to represent you through the divorce process, you should make sure that you select the right attorney for your specific needs and that you understand how to work with your attorney. Attorney selection can be a huge part of whether your case is “successful” or not, and this is one of the times where it is necessary for you to do your homework.
Before you meet an attorney for an initial client consultation, do some research and investigation regarding the attorney’s background, education, reputation and skill. Here are some ways to do that:
Visit The Florida Bar website to find out more information about the attorney or attorneys you are considering. Florida Bar member records tell you how long they have been practicing law in Florida, what geographical area of the state in which they are located, what board certifications they hold and whether they have any disciplinary history.
Go to the attorney’s website and find if their practice is limited to marital and family law or if they dabble in it and also practice in other areas. Family law is complex, and for the same reason why you would not seek a general practitioner to do reconstructive surgery, you should not hire a commercial litigator to handle your divorce.
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What Steps Do I Take to Get Organized for My Divorce Case?
Before you alert your spouse about a potential divorce, it is a good idea to gather documents, take inventory of property and keep proper records. Collecting as much accessible information as possible in advance will give you an “insurance policy” so that you can be sure that your spouse completely discloses important financial and property information that is relevant to your divorce.
Step 1: Gather your documents. Locate any prenuptial or postnuptial agreements. Unless they are set aside, these agreements generally provide the operative law that will apply in your case and will most likely control certain aspects of your divorce. You should also gather tax returns, financial statements, bank and/or investment account statements, insurance plans, 401K and other retirement statements, stock certificates and corporate returns and other business documents for the past several years if they are available.
These documents are particularly important if you do not know your spouse’s income, what assets he or she owns, or what they owe in debt. Keep in mind that you cannot access your spouse’s password-protected information or information stored in a locked drawer, safe, or facility to which you have no right to access. There are possible criminal penalties for inappropriately accessing information.
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Dating often has no significant legal effect on a divorce case. However, in certain cases it can prove to be problematic, so it is advisable to let your attorney know if you are dating while your divorce is pending. Here are some potential problems that may arise:
- In all but a few cases, dating while the case is pending will likely increase the anger and animosity of the other party, making settlement of your case more difficult.
- In a case involving children, dating could be used against you, if the person or situation negatively effects your child.
- Dating while the case is pending can create arguments relative to alimony or equitable distribution, if there is a financial impact.
- Florida and many states have laws prohibiting adultery, and while such laws may or may not be enforced, the person whom you are dating may become a witness to your case.
If you are dating while your divorce case is pending, it is important to be mindful that your spouse and his or her attorney may take an interest in your activities. Your spouse may, for instance, be monitoring your Facebook page or other social media accounts. While it might seem obvious, it is advisable to refrain from posting any inappropriate content on social media, particularly related to personal dating relationships.
At Nicole L. Goetz, P.L. we have the knowledge and experience to guide you through the divorce process from start to finish, including litigation and appeals, if necessary. If you have questions, would like to receive more information, or need an attorney to assist you during this difficult and often complicated process, please call our office in Naples, Florida at 239-325-5030 to schedule a confidential consultation with our attorneys.
The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute, nor should it be considered a substitute, for legal advice from a qualified attorney who is knowledgeable about your specific factual situation.
Should I represent myself or hire an attorney? What if I cannot afford help?
If you represent yourself during your divorce or family law matter, then you are considered a pro se party. If you choose to proceed without an attorney, the court, generally, will hold you to the same rules as an attorney, including applicable evidence rules at any hearings or trial.
Additionally, as a pro se party, the court in general will hold you to any agreements that you enter into in your case. Read more here...
What can you do if you do not like the outcome of your trial?
You have very few options. Challenging your final judgment is not as easy as saying you are unhappy with the ruling or that the judge was unfair to you—and the methods of challenging are limited. In some instances, though, you may be able to seek relief from the court in one of the following ways:
Motion for reconsideration
Motion for relief from judgment
Motion for rehearing
An appeal of the final judgment
Each method has specific deadlines on when you must act and requirements that you must meet when you file the challenge. You should consult your attorney as early as possible if you wish to challenge the court order. If you fail to act during the time period proscribed under the rules you may lose your ability to seek these forms of relief. You should also weigh the risks and benefits of pursuing further action. Some of the risks you may face are that any challenge to the order or final judgment may delay the permanency of your case, and there can be significant cost involved in filing a challenge. You will likely incur additional attorneys’ fees, and in the end, if you are unsuccessful, you may achieve the same result as you did at your trial or hearing. However, if you are successful in your challenge, you may get a more favorable order or judgment entered in your case.
Given the complexity, time limitations and requirements that these motions or an appeal entail, it is extremely important to hire an attorney with experience to handle your case. The attorneys at Nicole L. Goetz, P.L. have experience with these issues and can assist you and or your trial attorney throughout the entire process, from the decision to file a motion for rehearing through the resolution of an appeal, if necessary. To schedule a confidential consultation and receive more information about your options, please contact our office in Naples, Florida.
The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute, nor should it be considered a substitute, for legal advice from a qualified attorney who is knowledgeable about your specific factual situation.
