ABOUT US
This firm helps people in family crisis learn about their legal options and make informed decisions on steps that should be taken to defend their legal rights and if court action is appropriate for your situation. Every situation is different when dealing with the dynamics of a family, whether it be a divorce, custody, guardianship or other matter involving children and the elderly.
During these times of high stress, you may feel as though it is difficult to find understanding and assistance to gain access to a family member, gain custody (parenting time) with your children, and/or family strife that demands a solution. It is our intention to respond to you promptly and with compassion for your concerns while informing you regarding your best options for your case. Initially, you will meet with the attorney in person during a consultation. There is a consultation fee.
The consultation gives you broad and specific information regarding the legal aspects of your problem. Every case that involves a family member is emotionally charged. The court and legal system has a limited ability and process to deal with those emotions; however, this office understands those issues and also tries to address those aspects of the problem, often by referring the client to get counseling or build up a support system to be there for you during this difficult time.
We will return phone calls based on the priority of the situation. It is our policy to answer every phone call by person within 24 hours. This office uses technology to the fullest and every message is recorded and processed immediately and the attorney checks those messages often. If you call after business hours, the call will not be returned until the next business day unless it is a dire emergency, which is rare. Please keep in mind that the courts are open from 8am-5pm and closed holidays.
This office is ready to address your legal needs and respond to you as an individual. It is also important to this office to consider the long view. In the end, it is you who has to deal with the consequences of the legal action years from now and we have the experience to assist in those determinations as well.
Thank you for you business. Please contact us if you ever have questions or concerns.
ABOUT OTHERS
You may find that friends or other family members are ready to give you advice regarding your particular situation. At times, people may encourage you to act in a negative manner towards the offending spouse or family member during litigation. This office encourages you to act in a courteous manner to everyone involved in the litigation. It does occur that opposing counsel and/or the opposing family [member] may act in ways that you find repugnant and blatantly unfair. It is the experience of this firm that justice and the court system has a way of bringing these things to light and your actions taken in “retaliation” only serve to diminish your position to the court. Although, it is difficult to take the “high road” in these family situations, it is better for the children and the elderly persons to do so.
Many people do research on the internet. Although the internet can give you some good information, every case is different and our office will go over with you what aspects of the law are important to your case and how that affects you directly. Also, every state has different laws.
The opposing counsel may be very aggravating and frustrating to you because he or she may accuse you of things you have not done, may be litigious (wanting to fight about everything), may drag his or her feet with moving the case forward, or may be non-responsive to requests from this office. This is something that will eventually be addressed by the court under certain circumstances. This office cannot control how an opposing counsel handles his or her file or practices law.
Please also keep in mind that some arguments (allegations) may be plead on legal documents or they will be unable to be made in future litigation. These arguments (allegations) may make you angry. The attorney will let you know what allegations and arguments should be of concern to you.
This office cannot control the court’s schedule or docket. The court schedules cases as they are processed in line with the hundreds of other cases filed. You may not be happy with the time it takes to get your case through the system. Most contested cases take several months, sometimes more than one year, to finish. If you believe that you can resolve your case by agreement (uncontested), this office can also assist you in getting your case completed with the court for a reduced fee.
SOME LEGAL TERMS AND DEFINITIONS
Subpoenas
The other party can send a subpoena to any third party that MAY have information about you, your spouse, your business dealings, your employment, your education, your children and the like. Banks, lenders, business partners, educational facilities, stock brokers, teachers, churches, etc. can all be issued subpoenas for any records they may have regarding you. We can do the same. There is very little we can do to stop this so be prepared to deal with the frustration you may experience. If there is a legitimate reason to try and stop the subpoena, which there rarely is, we can file a motion to do so. Unless the information is privileged in some fashion, the third party will have to disclose the information requested.
Depositions
The other party can issue a notice of deposition to any third party witness. This means that a third party can be required to give testimony under oath usually in one of our offices. The purpose of depositions is to find out information and to find out ahead of time what a person may testify to in court. You and your spouse could each be deposed for the same reason. We can issue notices of depositions as well. A court reporter must be present and is paid to attend as well. The attorneys are paid to attend as well. Depositions are costly.
Nothing Happens Quickly
Generally, contested cases take several months to move through the court system. A complicated custody or equitable division case can take one, sometimes two, years to complete. The courts are always full and there are several steps that have to be taken before a trial will be set, for instance, mediation, a guardian ad litem investigation, discovery, depositions, pre-trial hearings and motion hearings. It takes a long time to move a contested case through the court system and it will be frustrating.
Discovery
This is the “formal” name for exchanging information through subpoenas, written questions (interrogatories) and request for documents. Discovery has its own set of rules and deadlines which we will inform you about during the process.
Children
Marital problems are terribly difficult for children. Do your children a favor and do not “poison” the minds of your children against their other parent. Do not speak about their parent’s faults to children. Do not complain to your children about how much child support you are paying or how little child support you are receiving. Visitation with parents (parenting time) is NOT a bargaining chip or game. Each parent is entitled to parenting time with their children. Children should not be used as messengers or have knowledge of the litigation beyond Mommy and Daddy are not getting along and need to work some things out separately. Remind your chidren often that what is happening has nothing to do with them and they are loved.
Adultery
Florida is a no fault divorce (dissolution of marriage) state. This means that adultery cannot be used to get more money from the other spouse except in specific circumstances.
Child Custody Cases
You should behave as though a detective and camera crew were following you and recording you and your conversations at all times. Do not do anything that you would not perfectly happy with a Family Court Judge seeing, hearing or finding out about when the Judge is deciding your custody case.
Attorney’s Fees
In a contested case, your case begins once you sign a contract with the attorney and pay a retainer fee (up-front fee before work will begin). Costs are not part of your attorney’s fees and will be charged based on your contract. The most expensive part of the case is going to be trial preparation and attendance costs. That is why a trial retainer (an “up front” payment) is required in all contested cases. You will see this in your fee agreement and we reiterate here that a trial retainer is required for continued representation. In certain uncontested cases, a flat fee will be charged, with costs separately. All of the fees and costs will be addressed during the initial consultation.
