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The word “subpoena” comes from “suppena”, Middle English and “sub poena”, Latin, both meaning “under penalty” It is interesting to note that even though the word has English roots, in England the term subpoena is no longer used but the phrase “written summons” is used instead. Actually, “written summons” is a good, bri...
In Florida, most jurisdictions handling contested divorce (dissolution of marriage) require the case to go to mediation before it can be assigned a court hearing date to be heard by a judge. As mediation allows each party, with the help of their attorney, to hopefully be willing to compromise and work out a marital settlement agreement satisf...
Guardian Ad Litem (GAL) comes from Latin and, is defined by the online Legal Dictionary as “a unique type of guardian in a relationship that has been created by court order only for the duration of legal action. Courts appoint these special representatives for infants, minors, and mentally incompetent persons, all of whom generally need hel...
As each state has its own laws regarding the care and nurturing of minor children following a separation or divorce of their biological or adoptive parents, this blog will focus on the state of Florida. For many years Florida, as in most states, awarded the custody of minor children to one or the other parent. Children lived with the parent h...
For 75 years tax laws surrounding alimony have stayed the same. This has meant the person receiving alimony would pay taxes on the amount and the person giving alimony could take the amount of alimony as a tax deduction. While this may not seem significant, for those in high-income tax brackets an increase or decrease in taxable income can ch...
All clients, no matter the business or professional arrangements have expectations as to how they expect the situation to proceed and what they perceive the final outcome to be. This is certainly true when it comes to working with an attorney. Most clients have preconceived ideas as to how their case should proceed and what they hope for as s...
About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a di...
Unfortunately, there is no time frame allotted for getting child support. While the party desiring child support may feel it is an emergency, the legal system has its specified procedures which must be followed before adjudication for child support will be finalized by a judge. Taking a look at the procedures needed to obtain child support wi...
In reality, the answer to both questions is “it depends on the complexity of the case, the backlog of the court, competency of representing council, and how fast facts, proof, and witnesses can be appropriated and put together. As each state has their own set of guidelines, as found in their statutes, there is no absolute amount of time pre...
How do I know if I’m headed for divorce? There are many signs—some predictable, others sudden—that indicate a divorce may be likely. Here are 6 key reasons you could be headed for divorce. You have been served with divorce papers and now have 20 days to answer the petition for dissolution of marriage, the term used in most states f...
Strategic planning sounds like something one does when fighting a war. And, in truth, many divorces are much like a war, with opposing sides, each trying to win the battle and take home the spoils. Sad as this seems, especially as at one time there was love and the hope of a future lifetime together, it is a reality, for at least 50% of the m...
The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from...
For alimony and standard of living, the “standard of living” during marriage refers to the lifestyle the spouses maintained while married, which courts consider when determining the appropriate amount of alimony. One of the most disputed and controversial aspects of a dissolution of marriage (divorce), is the type and amount of alimony...
You are sitting in an attorney’s office waiting to meet the attorney you are considering or have chosen to represent you in a legal matter, be it civil or criminal. You have a whole list of things you want to tell and ask the attorney and you are even ready to write his or her answers down.The next half hour or so is important and could eve...
Even in the best of circumstances surrounding the break-up of a family with minor children, meaningful and polite communication is often difficult to achieve.This is made even more difficult when one of the main reasons the marriage broke down was poor and sometimes volatile communication. While a judge can order reasonable communication it s...
Having one’s parents separate, whether from within a marriage or a living-together arrangement, can be, and often is, devastating for children of any age. It is particularly difficult for minor children or those with special needs who depend on parental support and care. In most states, there are guidelines and requirements for post-judgmen...
As was pointed out in Part One of this three part discussion on parenting after a divorce or relational break-up, that many states, Florida in particular, are firm advocates of both parents taking equal responsibility in the continued raising and nurturing of their children, biological and/or adopted. The term “In the best interest of the c...
The definition of co-parenting as defined in the online Your Dictionary “is a process where two parents work together to raise a child even though they are divorced or separated and no longer live together. An example of co-parenting is when a divorced mother and father share legal and physical custody of a child.” Couples who have never ...
It is very tempting to record conversations a spouse is having with someone who can demonstrate that a particular fact is indeed true in regards to a certain situation in a case such as a dissolution of marriage (divorce). For example, in Florida, you might believe your spouse is funneling important marital assets, that are property, real or ...
Definition as given by The Department of Justice in June of 2017: “We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threa...
First, before determining what an effective deposition looks like, it is important to understand just what a deposition is. In legal terms, as described on the online legal dictionary, a deposition is “The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually at an attorney’s office.” The testimon...
Before looking at what to expect at a post settlement final hearing it is important to understand when parties would be using a post settlement final hearing. Post settlement means after a settlement has been finalized by the parties in question for their case being adjudicated. In other words, for example, in dissolution of marriage (divorce...
Professionalism: The conduct, aims, or qualities that characterize or mark a profession or a professional person.” Merriam-Webster In many ways, professionalism is the key to determining if a person in the legal profession is truly committed to their client's goals and needs. When looking for an attorney to represent you in any type of l...
In the state of Florida, certain types of alimony can be modified or changed after a judgment is handed down and there are some instances when alimony can be terminated or stopped altogether. In all cases, there must be proven a material, substantial, and unanticipated (prior to final judgment) change before a case can even be considered. In ...
Definition of “impeachment of a witness” from Black’s Law Library: “where the believability of a witness is questioned that is based on the testimony of other witnesses.” Believability in a courtroom refers to whether a witness is speaking the truth. While most persons will be truthful, there are exceptions and if it can be prove...
An appraisal is the process of determining the accurate value of something. This is done by using a person who is trained, qualified, and licensed to carry the title “appraiser.” The most common use of an appraiser is to determine the value of a home or piece of property for someone hoping to buy or sell. Other items, such as high-end ele...
Buyer’s remorse, as defined by Wikipedia, is “the sense of regret after having made a purchase. It may stem from fear of making the wrong choice, guilt over extravagances, or a suspicion of having been overly influenced by the seller.” Similarly, in legal matters, a person may experience buyer’s remorse after signing a settlement agre...
Definition of “reunification” as found in the online Dictionary: “To cause (a group, party, state, or sect) to become unified again after being divided.” Definition of “therapy” by the American Psychological Association” “Therapy is a treatment for psychological problems in which the therapist and clients work together to u...
For many people the terms judge and magistrate are thought to mean the same thing. This is by no means correct. While it is true both terms denote jurisdictional functions, there are a variety of differences between a judge and a magistrate including how they arrive at their title, how long they will hold the title and what functions they are...
To begin this blog a definition of “legal appeal” is necessary. Online Legalzoom states the following: “An appeal is a request made to a higher court to review a decision made by a lower court. It is not a rehearing of the case you presented” No, a trial is not the mandatory end of the road in a Family Law case decision in Florida....
