Family Legal Options

Divorce

Judicial divorce, dissolution of marriage in Florida, is still commonly cited as the second most traumatic event that an adult can experience, surpassed only by the death of a child. While there are often positive and compelling reasons for couples to divorce, the challenges and uncertainties most definitely outweigh the advantages in most cases.

Essential elements to achieving the “best” outcome in a situation where no outcome is great include (1) education, and (2) health.  Attorneys have an affirmative obligation to continuously educate their clients (and at times the opposing party, opposing counsel or even the presiding judge). Clients have an affirmative obligation to ensure that they are seeking appropriate support for themselves and their children.

We encourage our clients to seek individual counseling, family counseling, financial counseling, and to keep up with routine medical checks ups as part of the family law process.  With few exceptions, litigation will comprise a relatively short period of time in our client’s lives.  We are committed to doing our part through education and can best provide for clients that are committed to doing their part as well.

Paternity

Are you married to the other parent of your child? If no, do you believe that a paternity action applies to you? If your answer was no to both questions, you are not alone. This misconception arises from any number of errant, but perfectly understandable, assumptions. For instance, true or false?

1. Mother and Father acknowledge that the child of their union is theirs so paternity is established.
2. Father is listed on the birth certificate so paternity is established.
3. Child has the Father’s name (or both parent’s names for those who still favor hyphenation) so paternity is established.
4. Child support has been established administratively so paternity is established.

All of these statements are FALSE! In fact, any case involving two parents and one or more children where the Mother and Father are not married falls into this area of Florida law.

Unbundled Legal Services

Excerpts from:
Beyond Let Them Eat Cake: Unbundling Access to Justice One Slice at a Time
By Jessica Byczek

As so eloquently discussed by the law student author, access to the court system is a fundamental right implicit with equal justice under the law and is not reserved only for those who can afford full representation. Our Congress rightfully continues to center its efforts on insuring that indigent litigants have better access to the courts; however, millions of working and middle class are being denied meaningful access to our courts.

Over two-thirds of family litigants remain unrepresented by necessity and thus the integrity of our justice system is compromised.  In 2003, the Florida Supreme Court adopted “unbundled rules” for family law cases, thus allowing limited attorney services for family issues such as: advice, coaching, drafting court documents, specific court appearances, etc.

For example, a litigant can unbundle a divorce case with a willing family attorney (the written service contract will allocate tasks between the client and the attorney) and pay for only the services the attorney renders. The client could be responsible for filing her own financial affidavit and mandatory financial disclosure, while the attorney does a limited appearance for mediation to advise the client of their legal position as settlement offers are made.