When parents separate it is important that both parents maintain contact with the children notwithstanding the age or sex of the children. After separation, if a parent wants to move and the move would materially interfere with the other parent’s contact and access to the children, there are a series of statutory factors that a Court will be required to consider before issuing an Order that permits a parent to move with the children. It is possible that a parent will be denied permission to move with the children. This may occur if the other parent has been an involved parent or if the move is not in the best interest of the children, or if a substituted schedule of contact with the children may not be sufficient to maintain the other parent’s relationship with the children.
I saw this great article and wished I wrote it. No one wants to get divorce but with so much of it around us, it is natural to wonder what if it happened to me? What should I do? Of course, we have a great checklist that you should ask us for or check out on our website. But here are some other great ideas for people that want to protect family wealth or have a business of their own: http://www.kiplinger.com/article/investing/T065-C032-S014-strategically-thinking-about-divorce.html
Our firm can assist with you any type of divorce. Whether you have been married 6 months or 30 years, have substantial assets or nothing to speak of, have several minor children or none at all, we can help you navigate the legal system to make sure your rights are protected.
[h2]How Do You Value The Business In A Divorce?[/h2]
Dahl Family Law Group uses experts to value a business and better determine accurate valuation. Watch the video to hear J.J. Dahl Esq. B.C.S. explain what’s involved in determining business value in family law matters.
[iframe image_path=”http://www.jjdahl.com/wp-content/uploads/2013/10/jj-dahl-on-the-process.jpg” url=”http://www.youtube.com/embed/jBHWl5oF2_g” width=”540″ height=”295″]
SELECTING A LAWYER SPECIALIZING IN
MARITAL AND FAMILY LAW
While there are many qualified lawyers in the area of marital and family law, only those who are board certified have taken the extraordinary steps to have their competence and experience evaluated. Board certification is the highest level of evaluation by the Florida Bar of the competency and experience of attorneys in specific practice areas approved by the Supreme Court of Florida. Through board certification, consumers can easily identify lawyers who are dedicated to professional excellence.
Florida Bar board certified lawyers have special knowledge, skills and proficiency in specific fields of law and professionalism and ethics in practice. Many lawyers handle marital and family law matters, but only those who are board certified can identify themselves as “specialists” or “experts” in marital and family law. Board certified marital and family lawyers are specialists who handle legal problems and civil suits arising from the family relationships of husbands, wives, parents and children. Marital and family law includes pretrial and trial processes and handling and resolving controversies before, during and after the filing and resolution of law suits.
JJ Dahl – Lake County’s first and only Board Certified Marital and Family Law Attorney
TENDING TO MONEY ISSUES IMMEDIATELY, part 2
Below are a few steps to follow to help protect your finances during your separation and divorce:
- Copy documentation about all of your assets – any investments, retirement plans, bonds, mutual funds, savings or money market accounts, etc.
- Make copies of all financial documents that show your true debts, assets, and expenses (including household and credit card bills, bank records, expenses for the children)
- Obtain a current credit report to make sure you know of all your liabilities.
- Sit down and really figure out what you are worth. Determine the worth of everything you own – household furnishings, real estate, cars, everything.
- Start keeping track of all debts incurred and money paid to each other after the date of separation. This includes money spent on joint bills, improvements to the home, moving expenses, children, insurance premiums – everything that could pertain to the two of you.
- After learning your rights by consulting with us and determining what you have in assets as well as your expenses and income, try to sit down with your spouse to see if you can work out something that is equitable. Do not do this before you have all of your documentation, however because you cannot negotiate without the facts. Do not agree to anything or sign anything without consulting your attorney.
- If you decide to pay for items for your spouse after you have separated, it is very important that a start date and a stop date are delineated. The particulars of any financial arrangement between the two of you should be put in writing so that there is no misunderstanding. Also, if you put this in writing, these payments may be tax deductible, although they will be considered taxable income to the spouse receiving support.
TENDING TO MONEY ISSUES IMMEDIATELY, part 1
Once a separation seems inevitable you must turn your attention to money issues as quickly as possible. If you wait, you may fall victim of a variety to different problems. You may find that you are responsible for credit card debt that was incurred after you moved out, or that one of your joint accounts has been wiped clean of all its assets, or that the home equity account that was there in case of emergencies now has a loan against it for $20,000.00. Do not be afraid to separate your accounts immediately. If you should end up getting back together, you can always comingle these accounts again.
Make sure all joint accounts are closed or divided when you separate. Before doing so, set up an account in your name, and make sure that you qualify for credit since your individual credit rating can be affected if you close out an account. Do not freeze accounts. One or both of you may need access to the funds for any number of reasons. With your attorney’s approval, split the money from joint accounts equally.
Coming up next: Steps to take to secure your financial stability and independence.
STEP 6: PRETRIAL CONFERENCE
After depositions, the case is usually prepared to announce a ready for trial notice, which is then sent to the court. The court has 30 to 60 days from filing of a “Notice Ready for Trial” to send a pretrial conference order and date. At that conference the actual trial date will be set depending on the length of time needed for trial. This could be anywhere from two months to six months from the pre-trial conference date.
STEP 7: TRIAL
Once the trial date is set, the fun begins. Fun you say? Yes. If after all this we have not worked out your case, you cannot wait for your day in court!
Step 4: Mediation
Mediation is required in all filed cases that do not have agreement on all terms. Mediation usually takes six to eight hours. When the mediation process occurs in your case you will receive more information from us outlining its particulars.
STEP 5: DEPOSITIONS
After mediation, the parties often conduct depositions. While it is frequently better to do depositions before mediation, many attorneys attempt mediation before deposition because most depositions cause the parties to become defensive, argumentative and vengeful. Depositions require coordinating a minimum of four parties’ calendars, causing it to be difficult to schedule.
The final two steps in the legal process involve the court trial. Our next blog goes into greater detail on these steps, which may or may not be needed, depending on the case.
When an uncontested matter becomes contested an additional retainer is required and the process called “discovery” begins. The Florida Rules governing these matters requires a lengthy list of financial documents to be provided by both sides. The law generally gives each side 30 or 45 days to provide these documents. It is common for people to require more time in gathering these documents. Sometimes people refuse to provide them so they try to ignore the request.
Discovery can involve subpoenas, requests to produce various documents and evidence and depositions. All of these things can take a few months to complete. If people have a pretty simple financial picture, discovery is generally completed within two months and we are ready to go to mediation.
Both depositions and mediations are explained in our next blog, coming soon!