Dissolution of marriage is often a distressing and emotional process, even under the best of circumstances. Not only must you come to terms with the end of your marriage, but you will also need to prepare for life after your dissolution. Whether you are the primary wage earner, a stay at home parent, or part of a dual-income household, life is going to change, and you will need to put yourself in the best position possible to begin your new life.
There are five major elements of any dissolution case (commonly called PEACE): the Parenting Plan, Equitable Distribution of Assets and Debts, Alimony, Child Support, and Everything Else (as includes Attorney Fees and Costs). The acronym informs the order that the Court will consider each issue, as the outcome of one topic has influence upon the next. For example, you cannot calculate child support without first knowing if there is alimony and what the time-sharing schedule is. You cannot award alimony without first considering what assets/debts were assigned in distribution. And one does not get suit related fees/costs entitlement (apart from sanction actions) if they are able to pay for counsel from his/her own resources (i.e. from what they received in distribution or as a result of alimony).
The professionals at Heskin Martinez Law Group have the experience necessary to help you through this tough time so that you can focus on other things. Our team has to experience resolving cases not just by traditional litigation, but through the use of mediation, alternative dispute resolution, and (for some cases) collaborative divorce and/or cooperative process. This experience saves you both time and money and ensures wherever possible that you and your spouse maintain as much control over the outcome as possible. While most cases are ultimately resolved amicably, we are also prepared to bring your case to trial and have a unique collective of attorneys who run the gamut of experience in court. We now also offer family law appeals work on a case by case basis.
The Process
Either you or your spouse will begin the process by filing a Petition for Dissolution along with other pleadings related to the issues in your particular case. When you hire Heskin Martinez Law Group we will prepare the necessary pleadings that are appropriate for your case. However, this is your life, and your assets and debts; thus, your assistance and input will be necessary, including collecting financial information from your own accounts and providers. Our team strives to keep the lines of communication open so that you are informed of each step, and we have a team of professionals who remain engaged and of service to your case from its outset to conclusion. Ultimately, however, you must be an active and engaged part of that collective effort for it to work best.
Once a case is filed by either party, a sheriff or process server will serve the responding spouse. If you were not the one that filed you will be the one served and will then have 20 days to file an Answer and (if desired) a Counter-Petition to present whatever issues you want to be addressed to the Court. If a served spouse fails to respond to a petition, then they will be found in “default” and deemed to have admitted to whatever the petition has asked for.
The next and most important step is Mandatory Disclosure, which is due from both parties within 45 days of service. In certain situations, mandatory disclosure might be either extended or waived all together; however, at the minimum a Financial Affidavit will need to be completed by each party and, even if not filed with the court, will have to be executed and exchanged.
Once the parties have exchanged Mandatory Disclosure, the attorney can either schedule mediation or determine what other discovery is necessary to resolve your case (as well as what is financially appropriate to your situation) and proceed accordingly.
Standing Administrative Orders
In most counties, there is a Standing Administrative Order entered at the beginning of the case intended to prevent a party from dissipating assets or starving the non-monied spouse out during the process. In fact, these orders typically provide that there is an obligation to pay child support and that there is an expectation of maintaining the “status quo” to the greatest extent financially possible.
Parties are also admonished against withholding contact between a co-parent and any shared children. In the state of Florida, both parties have equal rights and shared parenting and 50/50 time-sharing is encouraged from the very beginning (though these presumptions can be rebutted, and there is no specific allocation to the schedule dictated by law). Failure to follow the guidelines of the Standing Temporary Order can have an adverse impact on the final resolution of your case; thus, it is imperative that you get the correct advice and guidance at the beginning.
The attorneys at Heskin Martinez Law Group get actively involved in guiding you to avoid any unintended adverse consequences as a result of choices made at the beginning of the process, since the last thing you want is to make a mistake out of anger or misinformation that will adversely influence the Court when it makes its final rulings.
Questions about Dissolution of Marriage? Call us at 407-403-5990 or contact us (below) to schedule your appointment.