Law Office of Forrest & Forrest , PLLCFindLaw IM Template2024-03-11T02:15:44Zhttps://www.forrestesq.com/feed/atom/WordPress/wp-content/uploads/sites/1303143/2022/12/cropped-Law-office-of-forrest-and-forrest-site-icon-32x32.jpgOn Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495892024-03-11T02:15:44Z2024-03-11T02:15:44Zsearch for a divorce lawyer it’s important to be deliberate about who you seek. Today we consider traits and qualifications that shed light on whether an attorney is a good fit for you as you go through the dissolution of your marriage. You shouldn’t leave your choice of lawyer to chance.
Starting the search
It is wise to interview several lawyers. You can identify potential divorce attorneys on the internet and by talking to friends and acquaintances who have retained divorce lawyers. If you have worked satisfactorily with a law firm in another context, your lawyer there may have recommendations for a divorce attorney.
Remember, the outcome of your divorce proceedings will impact the rest of your life – your children, assets, financial security, marital home, alimony, child support and more.
What to look for in a family lawyer
Important topics for your interviews with potential attorneys include:
Experience: How long has the person practiced family law? Do they know their way around the courtroom?
Range of practice: Is the lawyer’s practice 100% family law or are there other areas of practice?
Florida connections: Is the attorney a Floridian who knows the local family courts and nuances of state laws impacting divorce?
Special concerns: Is the person knowledgeable in complex or unique issues in your divorce? For example, are there international custody issues? Difficult valuation questions about rare or complicated assets? Are you concerned your spouse may be hiding or wasting money? Are you in a high-conflict marriage? How does the lawyer respond to difficult issues?
While objective factors are crucially important, there may be a wee bit of subjectivity to honor when you choose your divorce lawyer. If all the other boxes check, what does your gut say? You will want to have a sense of trust, comfort, confidence and connection with the person who will guide and fight for you through the dissolution of your marriage. Someone with whom you can be comfortable sharing private information even when it is difficult.
Happy St. Patrick’s Day to our readers and clients. May the luck of the Irish be with you.]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495882024-03-04T16:44:17Z2024-03-04T16:44:17ZWhat exactly is nesting?
In the human nesting model, the children continue to live in the family home while the separated or divorced parents alternate caring for them there. Instead of the kids moving between the new homes of their parents as in traditional custody and visitation schedules, the parents living arrangements revolve around the priority of the children staying in their family home.
Parents are quite creative. Often, they each secure a new residence from which they come and go between times living with the kids. Sometimes they secure one new home or apartment that they share on an alternating basis. Or a parent may live with their own parents or extended family, or otherwise with roommates when not parenting in their former family home.
Another option is to create separate living space (like a mother-in-law apartment) within the family home for a parent when not parenting.
Nesting may be brief such as only during the divorce proceedings or for a period after divorcing. For some families, birdnesting may work well on an ongoing basis.
Pros and cons of nesting
The hope for nesting parents is that the children continue to benefit from direct parenting at home by each parent, promoting feelings of security and continuity. The kids can keep their routines, friends and schools despite the fundamental change in their parents’ relationship.
But challenges obviously will arise.
Nesting is likely to work better when the parents are amicable, able to communicate and negotiate through differences. It may not be a good idea for a couple that is in a state of high conflict or where difficult issues exist like substance abuse, controlling behavior, untreated mental illness, abuse, neglect or violence.
Sometimes nesting may not produce the hoped-for impact on the kids. For example, they may need something that feels more like a fresh start or a clean break from the predivorce living situation.
Legal support
Enlisting the advice and help of an experienced family lawyer can influence the success or failure of nesting. An attorney can provide legal counsel about issues related to expenses and home ownership. They can help the client negotiate the terms of a nesting arrangement, which could be the subject of an agreement between the parties or incorporated into a marital settlement.]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495872024-02-26T16:38:27Z2024-02-26T16:38:27ZFlorida IVF law
The Sunshine State is one of only a handful of states with a statute specifically addressing frozen embryos. Under this law, the “commissioning couple” that seeks IVF must enter a written contract with the treating doctor. This agreement must direct the “disposition” of preembryos if the marriage ends.
They could assign control of all or some of them to either divorcing party. Other options may include disposal, donation or giving control to a relative or friend.
If there is no written agreement, “decisionmaking authority regarding the disposition of preembryos shall reside jointly with the commissioning couple.”
Potential disputes over frozen embryos
While this law seems to solve the problem, of course it would not be unusual for a divorcing couple without an agreement to have trouble cooperatively exercising their decisionmaking authority. And even if they have a written contract, once actually faced with its enforcement, either or both may no longer want that outcome.
Or, what if one party challenges the validity or enforceability of the embryo-disposition agreement?
The statute does not say what happens if a dispute arises. It is likely that a divorce judge would consider these issues as part of the divorce proceeding. After all, frozen preembryos suggest legal themes of child custody and also of property division. Because of the legal and practical complexity of these questions, any divorcing spouse with frozen embryos from the marriage should seek legal advice from and representation by an experienced family lawyer.
Legal counsel ideally would have deep knowledge of the evolution of Florida law and policy in this area as well as of how courts are deciding these cases. It may also be possible to negotiate or mediate a resolution with the other spouse.
]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495862024-02-11T01:24:07Z2024-02-11T01:24:07ZBe easy on yourself
Do not expect yourself to feel great about dressing up and having a night out with friends. If that feels right, by all means hit the town, but if you have feelings of sadness and loss, consider how you might stay home or go to the home of a close friend. You could make or order in dinner, play games, read, work on a hobby like knitting or crocheting, or binge watch something (maybe not a love story). Do some journaling or write a letter to your ex (and then decide whether to send it).
Remember that your worth and happiness do not depend on your marital status, but sometimes you have to take steps to start moving on. Try not to be distracted by all the red hearts and chocolate. Remember it is not only a day based on romance, but it is also a commercially focused day.
Exercise, even as simply as dancing at home or taking a short walk
Buy flowers and candy for yourself
Accept and work through any kind of feelings that come up for you
A knowledgeable Florida family lawyer can take care of the legal details so you can concentrate on your own healing.]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495852024-02-05T18:55:50Z2024-02-05T18:55:50ZReasons for a premarital agreement
Basically a premarital agreement is a legal contract between two engaged people that can set out terms for marital behavior and financial outcomes during or at the end of the future marriage. The agreement becomes valid upon the marriage. The couple can contract about almost anything except child support, alimony so insufficient that it would impoverish the recipient, matters that violate public policy or that could constitute a crime.
That leaves a lot of topics for negotiation, but the main object of a prenuptial agreement is usually financial. Often the couple will agree about what happens to assets and liabilities upon separation, divorce or death, including potentially family businesses, heirlooms, insurance proceeds, real estate and others. In many cases, in anticipation of a second or subsequent marriage, one partner wants to see that children from previous relationships receive wealth, real estate or heirlooms with sentimental or significant ties to their other parent.
Prenups cannot be coercive
Florida law addresses the stereotypical shock of being presented with a premarital agreement the day before the wedding as a condition of going through with the ceremony. For example, a prenup may be unenforceable if signed under duress, if shockingly unfair (unconscionable) while the signor did not know about all of the other’s property and debts, and in other similar inequitable situations.
Get legal advice
It can be especially important for anyone presented with or contemplating a premarital agreement to discuss it first with an experienced Florida family lawyer. The ramifications of signing without full understanding of the terms can be life changing. An attorney can negotiate on behalf of a marital partner, draft terms to propose or review those drafted by another.]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495842024-01-16T17:13:27Z2024-01-16T17:13:27Zpost in which we explained ways in which spouses have tried to hide or dissipate property or money.)
Full, accurate disclosure
Without all income, marital and nonmarital assets, and debts fairly and timely on the table, an equitable division of marital property is impossible. Nor are appropriate alimony and child support orders.
In Florida divorce, each litigant must comply with a complicated, lengthy mandatory financial disclosure rule early in the process. The rule requires production under oath of a myriad of financial documents and property records as well as a financial affidavit and child support guidelines worksheets, if applicable. Throughout the proceedings, any changes to income, assets and debts require each party to amend their initial disclosures.
Deviation from these rules could result in sanctions, contempt of court or other negative results.
In preparation for trial, each party conducts discovery that includes taking oral and written testimony of the other party, requesting documents and using other techniques. A party’s lawyer will collaborate with retained experts to assist with finding clues leading to discovery of dissipated or hidden assets.
Issues at trial
Discovery and investigation may uncover evidence of hidden or wasted assets that leads to a settlement and averts a trial. If not, the judge at trial will decide issues of property division, alimony and child support after hearing and reviewing the evidence.
Florida statute directs the court to presume that equal division of marital property (and debt) is the correct approach unless relevant circumstances make that unfair. One relevant factor is whether a spouse has engaged in “intentional dissipation, waste, depletion or destruction of marital assets after the filing of the petition or within two years prior to the filing of the petition.”
An unequal division of property and debt could mean that the judge assigns an asset wrongly dissipated to the spouse who depleted it. The court must support an unequal distribution by substantial evidence.
Florida courts have said that an unequal distribution based on wrongful asset depletion requires a finding of misconduct during a time when the marriage had broken down irreconcilably. The asset or fund dissipated must have been used for a purpose only benefiting the depleting spouse without benefit to the marriage.]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495832023-12-29T20:49:32Z2023-12-29T20:49:32ZWhat to expect in Florida Family Court proceedings
With the new year, many are examining their circumstances as fodder for new year’s resolutions. Time to turn over a new leaf. Out with the old, in with the new. Time for a fresh start. Write a new chapter.
While it may be painful, 2024 may be the year you resolve to finalize your divorce and look forward, not backward. If you have been dragging your feet, it may help to understand what to expect in the legal and court processes.
First things first
It is smart to seek the representation of a knowledgeable family lawyer as early as possible who can explain what to expect. Your attorney can provide guidance as well as handle the legal requirements of the process in a thorough and timely manner.
In Florida, a divorce proceeding in Family Court begins with one of the spouses filing a petition. You or your spouse may have already done this. Legal counsel can advise you how to respond or how to file, and the pros and cons of being the petitioner.
We have one office in Fort Lauderdale in Broward County served by the 17th Judicial Circuit. Our Boca Raton office in Palm Beach County sits in the 15th Judicial Circuit. Most of our clients’ divorce proceedings are before family law judges in these judicial circuits.
Basic steps
The range of complexity that is possible in divorce proceedings is broad. An overview of the usual steps includes:
Negotiation between the spouses, usually through their respective attorneys, to try to resolve the legal issues (alimony, property division, child custody and others) by agreement. The parties may agree to terms on one, some or all issues. The family court judge will likely approve the agreement and incorporate it into the final divorce decree.
If negotiation is not completely successful, outstanding issues may be mediated. Mediation can be voluntary or court ordered and involves a specially trained neutral mediator who works as a conduit for negotiation between the parties. A mediator may be able to help the parties through impasses and conflict to reach agreement.
However your divorce evolves, you and your spouse will be required to supply detailed information about assets, income, investments and debts so that a fair outcome is reached. Discovery is a formal process of exchanging information by written or oral responses to requests by the other party (or likely by their attorney). These processes may provide evidence that influence negotiation or mediation and a party’s willingness to agree.
The case will go to trial on all outstanding issues where the judge will decide them. A formal trial is held including submission of written evidence and testimony by the parties and their witnesses. The judge may order a medical or mental examination of a party or a child of the parties or the appointment of a professional to protect a child’s interests like a guardian ad litem. In a high conflict divorce, the trial process can be stressful. Your lawyer can help you to get through this process.
The court will issue a final divorce decree that includes resolution on all legal and factual issues.
Rejuvenated resolve
Whatever the new year brings you on your divorce journey, we send good wishes.
]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495822023-12-21T16:25:29Z2023-12-21T16:25:29ZFirst steps when your spouse asks for a divorce
Whether it is a surprise or not, most people do not know what to do after their spouse has communicated that they want to end the marriage. Do not do anything drastic. Before taking major steps in response, find a Florida family lawyer who can provide important guidance and information.
Your attorney can also advise you of certain dos and don’ts, which may vary depending on your circumstances. For example, your legal counsel will likely advise you at this time not to open new accounts; sell or give away property, money or assets; or enter contracts.
As the proceedings move forward, the lawyer’s advice may change.
How did you find out?
Did your spouse tell you of their intention to dissolve your marriage or did you see receive service of process by which your spouse gave you official notice that they filed a petition for divorce in state court (for example, the Unified Family Court (UFC) of the Seventeenth Judicial Circuit of Florida in Broward County)?
If you were served with a petition, you normally have 20 days to respond with your official answer. If you do not respond in time, you will default on the case, which means your spouse – the petitioner – could continue to move the divorce proceedings through the system without your input.
It is advisable to engage a lawyer to draft and process the answer, including serving it on your spouse and filing it in court. In addition, both parties will need to disclose specific information and documents about assets and children and file a sworn financial statement.
If your spouse told you they want a divorce but has not yet filed a petition, you could discuss with a knowledgeable attorney whether you want to file the petition or wait for your spouse to do so. Your lawyer can tell you about the pros and cons of each strategy to help you decide.
Bottom line
Even if you feel that your spouse has been the naughty one, do not pout or let your emotional response to the divorce news cause you to take drastic steps that may not be in your best interests. Speak as soon as possible with a divorce attorney who can provide immediate direction.
]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495702023-12-11T02:50:39Z2023-12-11T02:50:39Zavailable here.
How much will divorce cost in legal fees and costs?
The final cost varies widely among clients and depends on many things. You should understand expectations for payment terms, such as due dates, down payments and regular payments throughout the divorce proceedings.
Of course, this is a preliminary matter you should discuss with any potential attorney. Have a detailed and honest talk about it. Do not sign a retainer (usually requiring a down payment) or fee agreement until the lawyer answers all your questions and you are comfortable with the arrangement. Rates normally vary among the attorneys depending on credentials and experience, and sometimes paralegals or legal assistants handle some matters under supervision, which may be at a lower rate. Find out what happens if something unexpected comes up that takes the lawyer more time than expected.
What are my rights?
When you retain an attorney, you have the right to confidentiality and loyalty. You also have the right to control the procedural and strategic decisions made throughout your legal process after your counsel explains the pros and cons. Your lawyer must adhere to the expected standard of due care in your divorce. This means they have the training, knowledge and skill to handle court processes on time, give you sound advice and correct information, conduct adequate investigation and preparation, draft or review legal documents, create a legal strategy toward your goals, conduct court proceedings appropriately and manage other, similar matters.
Do I get half of the money and property?
You may be able to negotiate the terms of property division. Otherwise, the court must divide the property (and debt) between the parties. The law governing property division in Florida requires “equitable distribution of marital assets and liabilities.” This is more in the spirit of fairness than of exact division, although the statute says the judge will give each spouse their separate property, and then distribute the marital property and debt. The court must “begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors …”
We will continue to address a client’s important questions about divorce and legal representation.]]>On Behalf of Law Offices of Forrest & Forrest, PLLChttps://www.forrestesq.com/?p=495692023-12-10T05:35:58Z2023-12-10T04:10:17ZYour relationship with your divorce lawyer
But there is another key factor. You should feel a connection with your legal counsel, a feeling that you can rely on and trust this person to advocate for your best interests. That you can tell them personal information that they will hold confidential and refrain from judgment, loyal to you where you are at right now. So, when you interview potential divorce lawyers, keep in mind that not only must they be eminently qualified for the job, but also should give you a feeling from them of loyalty, that they will advocate fiercely for you.
Once you find your divorce lawyer, you should make a list that you can revise as you go of the top questions you have for them. You have the right to understand what is to come in the process of dissolving a marriage in Florida. A detailed grasp of the process helps to lessen stress and increase your ability to partner with your attorney in setting the direction you will follow.
How long will the process of divorce take?
This varies widely depending on the circumstances. Florida statute says at least 20 days must pass after the petition for divorce is filed or sooner if an “injustice” would occur. If there are no minor children, the parties can agree on dividing debt and property, and neither will ask for alimony from the other, a simplified divorce can take about a month or more.
Otherwise, the time can vary widely – from months to years. Factors that impact length include whether the parties can negotiate a settlement (and how long it takes to hammer out all the issues) and avoid a trial, whether the parties own complex or voluminous assets, whether there are disagreements over child custody, whether there is conflict over whether one party has hidden or squandered assets (requiring investigation), whether any medical or psychological evaluations are needed and many others.
Your attorney can help you make decisions that will impact the length of time it will take.
In part 2 of this post, we will address other top questions for your divorce attorney.
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