Tuesday, March 28, 2006

Caught you!

An opposing counsel on one of my cases brought her client to the final hearing. That is where the judge approves the mediated settlement agreement and enters final judgment. It is customary for one side to appear and the other side to not appear. There is an unspoken rule - that the attorney who appears does not attempt to change the agreed upon judgment.

Well it finally happened. Another attorney tried to pull a fast one. She tried to change the deal we had. Thank god the judge sensed something fishy and refused to enter judgment. You ever hear the phrase "I have seen it all!" ? Well just when I thought I have seen it all - something like this happens.

Gee, why is it that some people don't like lawyers? ;-)


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Tampa Florida Divorce Attorney



Beginning step - an overview of the divorce process


A description of the documents to gather for your case

The divorce petition

How the petition is served on your spouse

Financial disclosure

The discovery process - depositions, interrogatories, and requests to produce

Negotiation - working toward a negotiated settlement agreement

The mediation process - working with a court appointed mediator

The Final Hearing - if mediation is successful

Case management conference and pretrial conference

Motions - motion for contempt, motion for temporary support, motion to compel

Evidence in a courtroom - problems and opportunities

Final Trial - if all issues are still contested

General Florida divorce statute 61.052

Child Custody Factors

An overview of how a judge chooses the parent to have custody of the children

The child's home situation, school situation, and involvement with the community

Each parent's mental, physical, and moral state

How permanent the proposed home is - of the custodial parent

Continuity of the situation - if the child's life will stay stable

The Ability to provide for the child - food, shelter, clothing, etc

The love, affection, and ties with the child - from each parent

Past episodes of domestic violence and how they affect custody

The parent who allows contact or interferes with visitation

Child custody statute - Florida

Child support statute 61.13

Relocation with children statute

Rotating child custody - a description

Property Distribution - Equitable Distribution

Typical items in the home that are subject to equitable distribution

What happens when only one name is on the title

Typical men's items in a divorce and who gets them

Typical women's items in a divorce and who gets them

How cash, stocks, cds, bonds, etc are divided

The family pet - who gets the pet

Who gets the house in a divorce

Appliances and other items in the home

Cars / Automobiles

Is the property marital or non marital

Property distribution statute 61.075

Alimony - How it is decided

The different factors a court considers when deciding on alimony

Overview of alimony - permanent periodic alimony - lump sum alimony - rehabilitative alimony

How the length of the marriage affects alimony

The employment prospects of both spouses

The age of either spouse

The standard of living established during the marriage

Each person's contribution to the marriage

The assets each person has available to sustain their lifestyle

The current income of either spouse

How fairness and justice help decide alimony

Florida alimony statute 61.08

New Florida Alimony law

Child Support - Calculation and Issues

Child support overview and main menu

The state of Florida - general policy on child support

How child support is calculated

Child Support enforcement in Florida and the long arm of the law

Florida child support statute 61.13

Misc Family Law Subjects

Domestic Violence Injunctions

Getting the other party to pay attorney fees

Social Security and divorce

How to bring documents and photos to Court

Mediation in a divorce

Legal Separation in Florida

Self help resources

How to behave in Court

Court locations in Hillsborough, Pinellas, Pasco, and Hernando

A selection of Florida divorce forms

Special Reports for Divorce Issues in Florida

A checklist for people that have been served with divorce papers - summons

Domestic violence injunctions

Divorce and family owned businesses - an overview

7 ways to make your divorce smoother

7 common divorce myths

About The Divorce Center

Divorce attorney Howard Iken - a letter to our clients

Stress studies and divorce

10 steps to reduce stress

Divorce distractions for Pinellas County Florida

Divorce and the sale of the marital home

The future of legal services - divorce services

6 ways to reduce the paid of divorce

News report - forget divorce court

News report - new website for divorce education

In divorce - women no longer have all the power

 

Topics for Business Owners and Their Spouses in a Florida Divorce

Divorce and Business ownership - an overview

Family businesses and the divorce process

Divorce and IRS Taxes

What if your spouse cheated the IRS - what happens in a divorce

Business Valuation Strategy for the Business Owner in a Divorce

Strategy for the Spouse of a Business Owner in a Divorce

Business valuation - how it is done and an overview

Tuesday, March 07, 2006

Mutual Assured Destruction (MAD)

Back in the sixties, seventies, and eighties, the U.S. and the U.S.S.R. had a policy with their nuclear weapons -- they called this policy MAD. The basic theory was if either country launched a nuclear war the other country would respond with equal force. Each side had enough weapons to ensure everyone's destruction. So both sides had a strong incentive not to declare war.

Some people ask me what happens when a divorce attorney divorces. The short answer: we normally don't. My wife and I have decided on our own version of MAD. The moment we feel a divorce is needed, we will simultaneously kill each other. This is good. Now, we have a strong incentive never to divorce :-)

Wow! What is it about March?

For those of you that are curious, things are very hectic in a divorce attorney's office in February/March. The telephone has not stopped ringing. I would like to do a study - how the time of the year affects divorce filings. Unfortunately, the study will not be done anytime soon. Things are way too busy.

For those people calling in for free consults - we apologize for our decision to temporarily suspend free telephone consultations. Things are way too busy and current clients are our priority.