The Marks Law Firm Blog and New Updates
How to Save Money During the Collaborative Divorce Process in Orlando Florida
Divorce and Family Law matters can be emotionally and financially draining. Especially considering that each case has varying timelines. In recent years, a new way to navigate these turbulent waters while saving money and preserving your relationships exists: Collaborative Law. At The Marks Law Firm, P.A., our experienced Family Law Attorneys in Orlando understand the importance of cost-effective solutions for our Clients.
What is Collaborative Law?
The Collaborative Process is an alternative option for resolving Family Law issues such as Divorce, Paternity, and Timesharing (commonly known as Child Custody) matters. It involves both parties, two respective Collaboratively trained attorneys, a Mental Health Neutral and Financial Neutral — all working together in a goal-centered, problem-solving approach to find mutually beneficial solutions for the entire family without going to Court.
Reasons why Collaborative Law is more cost effective than traditional Litigation in Orlando, Florida:
- Reduced Legal Fees: One of the most significant advantages of Collaborative Law is its potential to incur less legal fees. You can even utilize the Collaborative process using only the Collaboratively trained attorneys, without using either or both the Financial Neutral and the Mental Health Neutral. When you choose the traditional Litigation route, Family Law Attorneys and legal Teams often spend countless hours preparing for Court Hearings and Trials. These proceedings and the cost can quickly add up, leading to substantial legal bills. In contrast, Collaborative Law promotes open communication and a focus on resolution, which can significantly reduce the time spent in legal proceedings.
- Streamlined Process: In Court, Family Law cases can drag on for months or even years, leading to ongoing legal costs, Depositions, additional Discovery efforts, Experts, Court Reporters, Transcripts, Trial fees, and other expenses. Collaborative Law encourages a more streamlined process, as it aims to resolve issues efficiently through common goals and focus on any minor children involved. This results in more timely resolutions, allowing Family Law Clients to move forward from their respective cases and with potentially fewer expenses.
- Lower Emotional Costs: Traditional Litigation can be emotionally exhausting for both parties, leading to stress, anxiety, and strained relationships. These emotional tolls can impact your overall well-being and may even require counseling or therapy. Our Team at The Marks Law Firm, P.A. – Family Law & Divorce Attorneys is connected to trusted Mental Health Professionals in the Orlando area. We are happy to provide our Clients with a referral if they are interested. Overall, Collaborative Law promotes a more amicable and respectful atmosphere, reducing the emotional toll on everyone involved.
- Flexible Solutions: Court decisions can be rigid and limited in their scope, often leaving both parties unsatisfied with the outcome. Collaborative Law allows for more creative and personal solutions tailored to your specific needs and circumstances. This flexibility can prevent costly Post-Divorce Modifications, Enforcement actions and disputes, saving you money in the future.
- Preservation of Assets: Divorce can result in the unexpected or undesirable division of Assets and Debts, which can be further complicated by Court costs and Attorney fees. Collaborative Law inspires open discussions about financial matters, leading to more equitable and efficient Asset distribution. These discussions are conducted during Collaborative Team Meetings and financial documents are filed privately, rather than being subject to public record. By avoiding protracted Court battles, you can better preserve your Assets for your future needs and use.
- Reduced Stress: The emotional and financial toll of Courtroom battles and disagreements can be overwhelming. Collaborative Law prioritizes peace throughout the process, reducing the stress and anxiety associated with contentious Litigation. By maintaining a more positive and productive environment, you can focus on reaching an agreement rather than engaging in costly legal conflict and outright warfare.
In Orlando, Family Law matters, including Divorce and Paternity cases, don’t have to exhaust your finances and emotional well-being. The Collaborative Process offers a cost-effective alternative that promotes open communication, confidentiality, and tailored solutions. By choosing Collaborative Law, our Clients have the opportunity to accumulate fewer legal fees, streamline the process, and reduce the emotional and financial toll associated with traditional Litigation.
At The Marks Law Firm, P.A., we are dedicated to maintaining Heart for the Client and Going the Extra Mile. Our Collaboratively trained Family Law Attorneys recognize the importance of handling challenging situations with compassion and excellence.
To learn more about Collaborative Law, contact us to schedule a Consultation at 407-872-3161.
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Choosing Between Mediation or the Collaborative Process in a Central Florida Family Law Case
When facing Family Law matters in Central Florida, such as Divorce, Timesharing (commonly known as Child Custody), Paternity, etc. it’s essential to explore your options for resolving these issues. Two popular alternative dispute resolution methods available in Florida are Mediation and Collaborative Law. While both approaches aim to reach an amicable resolution without involving Litigation, they have distinct differences and similarities that may significantly impact your case’s outcome.
Mediation is a voluntary and confidential process where a neutral third party, the Mediator, helps the parties communicate and negotiate the specifics of their case. The goal of Mediation is to facilitate dialogue and foster compromise to reach mutually beneficial agreements. Here’s how it works:
1. Neutral Mediator: Mediators do not take sides or make decisions for you or your spouse. Instead, they guide the conversation, ensure each party is heard, and help find common ground.
2. Informal Setting: Mediation typically occurs outside the Courtroom, (where no Judge is present) in a private and informal setting. This can create a more relaxed atmosphere, conducive to open and honest communication.
3. Flexibility: Parties have control over the process and the outcome. You can tailor solutions to fit your unique family dynamics, which is especially important when minor children are involved.
4. Cost-Effective: Mediation is often more cost-effective than going to Court, which creates an opportunity for Family Law Clients to resolve their case in a quicker and less expensive manner.
5. Confidentiality: Mediation is confidential, protecting sensitive information during the Mediation process but the Mediation Agreement is typically filed with the Court and so becomes part of the public record.
Collaborative Law is another alternative dispute resolution method that involves a Team approach to problem-solving. In a Collaborative Family Law case, Clients experience:
1. Trained Team of Professionals: Each party is represented by their Collaboratively trained Family Law Attorney. A Financial Neutral, and a Mental Health Neutral are also involved. Other Allied Professionals may join the Collaborative Team, as needed.
2. Structured Process: Collaborative Law follows a structured process with scheduled Team meetings, ensuring that all aspects of the case are thoroughly addressed.
3. Full Disclosure: Both parties commit to full disclosure of information to the Collaborative Team, promoting transparency, solutions, and fairness.
4. No Court Involvement: A unique feature of the Collaborative Process is that if the approach fails and the Family Law case proceeds to Litigation, both Family Law Attorneys must withdraw, adding an incentive for all parties to work together with common goals.
5. Privacy: Collaborative Law protects the privacy and confidentiality of both Parties in that the Financial Affidavits, Equitable Distribution Work Sheet, Alimony Analyzer Worksheet and the Collaborative Settlement Agreement do not need to be filed with the Court.
Similarities Between Mediation and Collaborative Law
Despite their differences, Mediation and Collaborative Law share some common characteristics:
1. Voluntary Process: Both methods are voluntary, and all parties must agree to participate.
2. Client-Centered: Both approaches prioritize the best interests of the Clients, any minor children and their families.
3. Private and Confidential: Both Mediation and the Collaborative Process maintain confidentiality during the Mediation or Collaborative Process, but only Collaborative keeps personal matters unavailable to the public.
Which Approach is Right for You?
Choosing between Mediation and Collaborative Law in Central Florida depends on your unique circumstances. If you value control over the outcome, flexibility, and cost-effectiveness, Mediation may be a suitable option. However, if you prefer a Team-based approach with professional support or if full disclosure is a concern, Collaborative Law might be the better choice.
When it comes to Family Law matters in Central Florida, there is no one-size-fits-all solution. Mediation and the Collaborative Process offer viable alternatives to going to Court, each with its own set of advantages. Understanding the differences and similarities between these methods can help you make an informed decision on the path that best suits your needs and circumstances.
Three of our Central Florida Family Law Attorneys are Collaboratively trained, and available to assist our Family Law Clients who are solution-oriented, goal centered and focused on the best outcome for the family as a whole.
Call our office to schedule an initial consultation with one of our experienced Family Law Attorneys to discuss your options and navigate your family law matter.
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How Can Family Law Clients Navigate Child Support Challenges in Central Florida?
In Family Law, Child Support is a vital aspect that ensures the well-being of minor children following a Divorce, Paternity Action, or Legal Separation. However, situations may arise where Family Law Clients fall behind on their Child Support obligations, leading to a range of consequences. Our Orlando Family Law Attorneys are dedicated to assisting Clients navigate outcomes of such circumstances. This blog will shed light on how our Team at The Marks Law Firm, P.A. can effectively handle these challenges, offer insight for co-parents who are managing Child Support responsibilities, and explore the role of the Court in related cases.
Are there consequences for co-parents who fall behind on Child Support?
Yes. When Family Law Clients are unable to meet their Child Support obligations, several consequences may arise. These consequences are designed to ensure that the minor children involved continue to receive the financial support they need.
Possible ramifications include:
Accumulated Debts: Unpaid Child Support payments can build up over time, creating a significant financial burden for the obligor. These amounts often accrue interest, further exacerbating the financial strain.
Legal Action: If payments continue to be missed, the other parent or the Department of Revenue can initiate legal action. This may involve wage garnishment, bank account charges, or property liens to recover the overdue payments.
Suspension of Licenses: Non-payment can lead to the suspension of various licenses, including driver’s licenses and professional licenses, until the obligor fulfills their payment obligations.
Contempt of Court: Persistent non-compliance with Child Support orders can result in the non-paying parent being held in contempt of Court. This could lead to fines, penalties, or even imprisonment.
How can a Family Law Attorney Guide Family Law Clients through Child Support Issues?
Encourage Open Communication: Attorneys should encourage open communication with their Family Law Clients. Understanding the reasons behind the payment challenges can help create suitable solutions.
Mediation and Modification: Attorneys may explore Mediation (as it is often required in the state of Florida) and, if warranted, seek Modifications to Child Support Orders based on significant changes in the obligor’s financial situation. Examples of such circumstances include loss of income, unemployment, etc.
Negotiation: Attorneys might be able to negotiate with the other party to reach an agreement that considers the best interests of the minor children while addressing the financial difficulties of the paying parent.
Our Central Florida Family Law Attorneys consider our Clients to be members of the Legal Team throughout the duration of their case. We know the law surrounding the circumstances and our Clients know the facts and personal circumstances contributing to the specific family law matter. It is important for Clients to do their part in order to successfully provide timely Child Support payments.
What are proactive steps Family Law Clients may consider to fulfill their Child Support obligations?
Budgeting: We encourage our Family Law Clients to create a detailed budget to allocate funds for Child Support. Prioritizing these payments may help ensure the financial well-being of the minor children.
Open Dialogue: If it is appropriate and safe, consider maintaining open and respectful communication with the other parent. Should financial challenges arise, discuss potential solutions, or seek a Modification through legal channels.
Document Changes: When or if your financial circumstances change significantly, gather documentation as evidence to support a Modification request.
Does the Court play a role in Child Support matters?
Yes. In Central Florida, as in other jurisdictions, the Court may play a pivotal role in Child Support cases. A Judge may initiate a Child Support Order as part of Divorce proceedings or when requested by a parent. The Order outlines the financial responsibilities of each parent and ensures the needs of the minor child are met.
Remember, when Family Law Clients fall behind on Child Support, it can lead to various consequences. Our Family Law Attorneys are here to help. Outside of Court, our Team of Legal Professionals plays a crucial role in navigating these challenges by fostering open communication with our Clients, exploring Mediation and Modification options, and advocating on behalf of our clients, with the best interest of minor children in mind. Ultimately, the Judge stands ready to intervene, if necessary, but we at The Marks Law Firm, P.A. are dedicated to resolving issues outside of Court, if possible.
To speak with one of our Family Law Attorneys regarding Child Support or other Family Law concerns, contact us at (407) 872-3161 to schedule a consultation.
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Litigation vs Collaborative Divorce in Orlando Florida
In a Divorce process, couples typically have two main options: Litigation or the Collaborative Law Process. Each approach has its own set of pros and cons, and Collaborative Divorce is often considered a better option for avoiding an acrimonious divorce and for maintaining a healthy family dynamic. Let’s explore the advantages and disadvantages of both methods and highlight why Collaborative Law can be beneficial to Clients who are goal centered and focused on solutions rather than conflict.
Below are Pros and Cons of Litigation:
Pros:
Legal representation: During Litigation, each spouse has their own attorney who advocates for their interests in the litigation process.
Court decision: If the spouses cannot reach an agreement, a Judge makes decisions regarding property division, Timesharing (formerly known as Child Custody) and other matters. This can provide a sense of finality and closure, although with a decision that was not necessarily what at least one of the Clients wanted.
Impersonal process: For some couples, the adversarial nature of litigation allows them to feel that they have an opportunity to “win” in the litigation.
Cons:
Costly: Litigation can be expensive due to Court fees, Attorney fees, and the potential need for Expert witnesses. It can also be costly in terms of emotions, stress and family relationships.
Potential lengthy timeline: Court schedules and the complexities of Litigation can significantly prolong the Divorce process for months if not years.
Strained relationships: The argumentative nature of Litigation can worsen conflict and negatively impact the relationship between the spouses, making Co-Parenting and future interactions not only very difficult immediately after the litigation but for years to come. This can increase the likelihood of further litigation in the future for Contempt, Enforcement and Modification actions.
Collaborative Divorce:
Pros:
Cooperation and open communication: Each member of the Collaborative Team (two Collaboratively Trained Family Law Attorneys, a Mental Health Neutral and a Financial Neutral) encourage spouses to work together and put the needs of their minor children first, promoting respectful and transparent communication to reach mutually beneficial goals and agreements.
Privacy: Collaborative Divorce proceedings are confidential, providing a more discreet alternative to litigation. Financial documents are not filed with the Court and are not made part of the public record.
Customized solutions: Choosing the Collaborative Process allows couples to find unique solutions a Court is not permitted to Order, that best suit their specific needs and those of their children. A Mental Health Neutral acts as the Facilitator during Collaborative Team Meetings and prioritizes positive results. The Financial Neutral produces all the necessary financial documents often at far less cost than the Attorneys would charge in the Litigation process.
Cost-effective: In general, Collaborative Divorce tends to be less expensive than Litigation, financially, emotionally and in terms of damage to the family and children, as it often involves less conflict and fewer traditional legal procedures.
Cons:
No court decision: If the Collaborative Process is unsuccessful, both parties may need to start the Litigation process with new Attorneys, unless they have chosen the Cooperative Process which allows the Attorneys to continue on with the Clients.
Requirement for cooperation: Collaborative Divorce heavily relies on the willingness of both parties to collaborate in a transparent way in the best interest of the entire family. If one spouse is uncooperative or adversarial, the process may break down.
Why Collaborative Law can be a better option for maintaining a healthy family dynamic:
Focus on cooperation: Collaborative Divorce prioritizes cooperation and open communication, allowing couples to address their concerns and find mutually agreeable solutions. This approach promotes a healthier post-divorce relationship, which is especially beneficial when minor children are involved. And agreements reached this way are more likely to be followed in the future than when decisions are imposed on the spouses by a third party like a Judge.
Minimized conflict: By avoiding the adversarial nature of Litigation, Collaborative Divorce reduces conflict and fosters a more amicable separation. This can positively impact Co-Parenting and ongoing interactions between the former spouses.
Child-centric approach: Collaborative Law places emphasis on the well-being of children and encourages parents to work together to create a Parenting Plan that reflects the best interests of their children.
Confidentiality: Collaborative Divorce provides a private and confidential space for discussions, minimizing public exposure and potential damage to family relationships.
Three of our Orlando Family Law Attorneys are Collaboratively trained and available to guide our Clients through the Collaborative and Cooperative processes. Moving forward with Collaborative Law can help maintain a healthier family dynamic during and after divorce, focusing on effective communication, intentional cooperation, and the well-being of everyone involved.
If you would like to schedule a consultation to learn more about Collaborative Law in Florida, contact us.
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Successful Timesharing in Divorce: Nurturing a Healthy Co-Parenting Relationship
Divorce is an emotionally challenging process for any couple, especially when minor children are involved. As parents, it is our utmost responsibility to prioritize the well-being and safety of our children, even amidst the difficulties of Separation. One key aspect of Post-Divorce life is establishing successful Timesharing or Child Custody arrangements that promote stability, consistency, and a healthy Co-Parenting relationship. Our Central Florida Family Law Attorneys are committed to exploring essential strategies and guidelines mentioned below to help our Clients achieve successful Timesharing in a Divorce, and a positive environment for their children’s growth and development.
Open and Honest Communication:
The foundation of any successful Co-Parenting relationship is effective and open communication. Despite the personal differences that led to the Divorce, it is crucial to establish clear and respectful channels of communication with your former spouse or other parent. In situations where it is appropriate, discuss your children’s needs, schedules, and any concerns that may arise. Keep the lines of communication open and focused solely on the children, allowing them to feel secure and loved by both parents.
Consistency and Flexibility:
Consistency is imperative when it comes to Timesharing. Establishing a Timesharing schedule will provide stability for your children. Sticking to the agreed-upon times and dates, documented in your Parenting Plan will show that both parents are committed to its success. However, it is important to be flexible and understanding when unexpected circumstances arise. Be willing to accommodate reasonable requests for adjustments, as it demonstrates grace and a willingness to prioritize the children’s best interests.
Prioritize the Children’s Well-being:
Our Team encourages Clients to prioritize the well-being of minor children above personal disagreements or conflicts with their Co-Parent. After all, a nurturing and positive environment may foster healthy relationships with both parents. While speaking negatively about your former spouse or other parent in front of the children can cause emotional distress and impact their self-esteem. Instead, focus on developing an atmosphere of love, respect, and support for your new family dynamic.
Cooperation and Collaboration:
Successful Timesharing requires a cooperative and collaborative approach from both parents. Shared Parental Responsibility allows both parties to make joint decisions regarding the children’s education, health, and extracurricular activities. In cases where both Co-Parents are solution oriented and able to engage in productive discussions, all opinions and input are heard. By presenting a united front as Co-Parents, you demonstrate to your children that their needs and well-being are the top priority.
Be Mindful of Transition Periods:
Navigating life between households can be challenging for children. Transitions can be made smoother by planning ahead and communicating with your children about what to expect. If both households offer familiar items and routines, a sense of security is more likely. Depending on their ages, sense of understanding and specific needs, provide the children with reassurance and support.
Seek Professional Support:
Divorce can be draining for both parents and minor children. If necessary, consider additional support from Family Therapists, Counselors, or Clergy. These professionals can offer guidance and help resolve conflicts amicably. Their expertise can also help address any emotional challenges your children may face during the Divorce process. Each of our Orlando Divorce Attorneys recognize the value of Mental Health advocates and often provide referrals to trusted Therapists in our community.
By following the above strategies and guidelines, you may establish a healthy Co-Parenting relationship that nurtures your children’s growth and happiness. Remember, the Divorce or Final Judgment of Paternity may have ended your Marriage or time living together, but it doesn’t have to diminish your role as loving and responsible parents. With open communication, consistency, collaboration, and a child-centric approach, you have an opportunity create a bright and fulfilling future for your children, even in such a vulnerable season.
Should you have any questions regarding Timesharing, formerly known as Child Custody, contact The Marks Law Firm, P.A. at 407-872-3161 to schedule a Consultation.
What is the Difference Between Collaborative and Cooperative Law?
Divorce cases can often be portrayed as contentious based on what we see in the media and on television. For spouses who are interested in an amicable resolution, there are options outside of going to Court. You may have heard of the Collaborative Process as well as Cooperative Law. Perhaps you would like to know which of these options is appropriate for your case.
Well, our Family Law Attorneys at The Marks Law Firm, P.A. are advocates for both Collaborative and Cooperative Law. In a Collaborative case, if both parties decide to pursue traditional litigation because in that rare circumstance that the Collaborative case has failed, they must retain new legal counsel in order to move forward. Whereas in a Cooperative case, if litigation becomes necessary, both parties may continue to be represented by their Cooperative Family Law Attorneys.
Who makes up the Collaborative or Cooperative Team? It is the same: Two Collaboratively or Cooperatively trained Family Law Attorneys, a financial neutral, a mental health neutral, and both spouses are all part of the Collaborative or Cooperative Team. Depending on specific needs and details surrounding the case, Allied Professionals (realtor, mortgage broker, financial advisor, etc.) may be brought in. Benefits of the Collaborative or Cooperative Process include privacy, potential for lower overall costs, and a more peaceful outcome. Florida law requires all potential Clients be informed of the Collaborative Process during their initial consultation.
Clients who choose the Cooperative process may want to keep their options open throughout the entirety of their case. Ultimately, the goal to avoid litigation still remains. However, we cannot guarantee that conflict won’t arise throughout the divorce process. Emotions and sensitive topics may lead to hostility. The opportunity to continue your case with an attorney in the Cooperative Process who is aware of your goals, concerns, and general details surrounding your Family Law case will save you time, and potentially offset additional costs.
To learn more information regarding Collaborative and Cooperative Law, please contact our office to schedule a consultation.
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Is Sole Custody Possible in a Family Law Case?
Are you in the middle of a custody battle with your spouse or former spouse? Perhaps you are wondering if you can be awarded sole custody of your minor child or children. In recent years, the Florida statutes began referring to child custody as “timesharing” or contact. The legislature felt like the term custody or visitation was more applicable to hospital or jail visits.
Often times, Family Law Clients come to our firm and ask about sole custody. Florida utilizes the following terms: sole parental responsibility and shared parental responsibility. You may be wondering what each of these terms mean. Sole parental responsibility relates to decision making for the minor child or children. A Client who is awarded sole parental responsibility makes all the major decisions affecting the welfare of the minor children.
Cases with shared parental responsibility allow each parent equal decision making regarding all the major choices impacting the welfare of the minor children. Examples include, but are not limited to education, medical, religion, extracurricular activities, etc.
When Family Law Clients consider custody (timesharing), they are mostly concerned about where the minor child or children will live. Visitation (contact) relates to living arrangements. There are certain cases where a Client may be determined to have his or her children live with him or her exclusively, and not with the other parent. However, this outcome is highly unlikely. Special circumstances where the other parent has a criminal record, felony convictions, history of alcohol/drug abuse, etc. or is a registered sex offender that would show detriment to the minor children.
One possible solution that would allow both parents to be involved in the lives of the children is known as supervised timesharing. Family Ties is a facility in Orange County that allow deputies to oversee timesharing on weekends. Doing so, ensures that the parent who has a limited amount of supervised timesharing is observed and watched very carefully while he or she is interacting with the minor children. There are also less restrictive forms of supervised timesharing.
Ultimately, it is very difficult to be awarded sole custody in Florida. Keep in mind, there are other options, even in a situation where timesharing is awarded to the other parent. Many people believe that 50/50 timesharing is presumed in the Florida Statutes. However, Florida Statue 61.13 sub factors A through T cover 20 factors that the court must consider in every timesharing (custody) case. Thus, 50/50 timesharing is not automatically awarded.
It is our Mission: “To Honor God and Faithfully Represent our Clients with Great Leadership, Attitude, Excellence and Teamwork.”
Do you have questions regarding timesharing in your Family Law case? Our experienced Family Law Attorneys are here for you. To set up a consultation, call our office at (407) 872-3161.
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How to Prepare for Deposition
What steps are necessary to prepare for a Deposition in a Family Law case? So you’re going to sit for a Deposition in front of opposing counsel and you are interested in knowing what to expect. Prior to your Deposition, you will want to meet with your Family Law Attorney. He or she will explain to you what the other side is going to attempt to prove during the Deposition.
In preparation, your attorney will go over what your case is about, theories associated with your case, the purpose of the Deposition, etc.
The scope of a Deposition is very broad. Under Rule 12.280, opposing counsel has the liberty to ask you anything related to the case that may lead to the discovery of admissible evidence as long as it’s not confidential, privileged, a trade secret or something similar. In other words, they cannot ask you anything that you and your attorney have discussed because that’s covered by attorney-client privilege. If you have shared details of your case with a clergy member or therapist, those conversations are typically protected as well.
Upon entering the Deposition, it is important to know in advance that it will be recorded. Your attorney will want you to be aware that a Court Reporter will be present, and a written Deposition transcript will be available at a later date. Or the Deposition may be videotaped.
For those of you who have not participated in a Deposition before, be sure to listen carefully to all of the questions asked by opposing counsel. Before they get started, you may be asked to confirm that you are not under the influence of alcohol or anything else that may impact your ability to answer questions honestly to the best of your ability. Since the Deposition is your sworn testimony, it is taken under oath. If you are untruthful, you may be subject to perjury.
Many times, I remind my Family Law Clients to pause before they answer a question. Doing so, allows your attorney an opportunity to interject an objection, if it is necessary and appropriate. But, if you just blurt out an answer, it’s already out the door, which removes the chance for an attorney to object. Communication with your attorney during a Deposition should only occur during a break. Whispering to your attorney during the Deposition may be recorded as part of the transcript.
When it comes time to provide answers, I encourage my Clients to refrain from speculation or guessing. Phrasing like “to the best of my recollection,” or “I believe…,” is permitted. These phrases are not definite answers, which will make it more difficult for opposing counsel to impeach you for dishonesty. If there is a situation where you need a document to confirm an answer, you are not provided the document unless opposing counsel presents the document related to the question that is being asked.
While opposing counsel is allowed to bring documentation to support testimony and evidence, Clients should not bring their own notes into a Deposition, as opposing counsel will then ask to see the notes. Testimony is to be given through personal recollection, rather than written documentation.
Something important to note is that once your answers are recorded, you cannot change your testimony when you go to Trial or the subsequent Hearing without a good explanation.
Consequently, if your answer(s) are changed at a later Hearing or Trial, then the opposing counsel will attempt to impeach you and that means to show you were being untruthful in front of the Court. To avoid inconsistency, your attorney should get a transcript of the Deposition prior to the Hearing or Trial. At that point, you should have an opportunity to review it, so you know exactly what you said. By reviewing the transcript, you can make sure that no errors are recorded in terms of spelling or grammar.
Don’t be afraid to turn to your attorney for support. He or she can help you relax throughout the Deposition process and make sure you understand what is going on every step of the way. Should you experience any stress or anxiety related to your Deposition or case, a qualified attorney will be by your side through the process.
It is our Mission: “To Honor God and Faithfully Represent our Clients with Great Leadership, Attitude, Excellence and Teamwork.”
To speak with one of our experienced Family Law Attorneys regarding the Deposition process, call our office at 407-872-3161.
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How Do Christian Wives and Husbands Navigate Divorce?
As Christians, we are taught that marriage is forever. Living in a fallen world, sometimes Divorce is the best option for everyone involved. Of course, when we make vows to our spouse in front of God and our loved ones, we aren’t anticipating the end of our marriage. Relationships are hard work. Our Orlando Divorce Attorneys are here to help you navigate the Family Law process in a healthy way.
Perhaps you are a Christian wife or husband who doesn’t want to even consider the possibility of Divorce. After all, The Bible says Divorce is not God’s best. So, you want to reconcile the marriage and have faith that it can be restored.
However, it takes commitment from both spouses to maintain a successful marriage. Is your husband or wife willing to make an intentional effort to improve your relationship? Where is your husband or wife spiritually? If both of you are people of faith and open to exploring reconciliation, this can be brought up in the beginning stages of your case and during the Mediation process.
Part of Florida law requires that all Dissolution of Marriage cases be brought to Mediation prior to going to Court. This means that before you sit in front of a Judge, you can try to resolve specific issues in a neutral setting with your attorney and your spouse’s attorney present, as well as the mediator. Being a believer myself, I am comfortable expressing support of repairing the marriage in circumstances where it is appropriate and safe for all parties and any children involved.
Here at The Marks Law Firm, P.A., we believe in marriage and forgiveness. However, in some cases, Divorce is inescapable.
If you have done everything in your power to save your relationship, even when the Divorce proceeds, there is no condemnation. Your spouse may not be open to counseling or other potential solutions. Remember, we can only control our own responses and decisions. It is not up to us how our spouse behaves in regard to the marriage or Family Law process.
We encourage you to have hope for the future. There is life after Divorce. God does not want us to live in seasons of suffering. He wants us to prosper, offer grace to one another, and treat each day as a gift.
It is our Mission: “To Honor God and Faithfully Represent our Clients with Great Leadership, Attitude, Excellence and Teamwork.”
To speak with one of our experienced Family Law Attorneys, please call our office at 407-872-3161.
Is There Something Called Legal Separation in Florida?
As a prospective Family Law Client, you may not be ready or want to file for Divorce, but you do want to receive Alimony or Child Support payments from your spouse. In these circumstances, you could enter into a Legal Separation agreement or file an Action for Support and Maintenance without Dissolution of Marriage. A common myth in Family Law is that Legal Separation does not exist in Florida. However, under Florida Statutes 61.09 and 61.10, support and maintenance are mentioned. In other words, you can be awarded Alimony or Child Support without filing for Dissolution of Marriage. According to Statute 61.10, your spouse can ask for Timesharing without filing for Divorce. Of course, every case is unique and so your case depends on your specific circumstances and the facts involved.
So, if you are living in the state of Florida, and are solely focused on support, Statue 61.09 doesn’t mention Timesharing, instead it focuses exclusively on getting Alimony and Child Support. A spouse who is interested in securing Timesharing with minor children may want to file under Statute 61.10.
Potential reasoning for someone to file an Action for Support and Maintenance unconnected with a Divorce could be their religious beliefs or faith or the hope of reconciliation. Many people of faith don’t believe in Divorce. Or perhaps they don’t want to be the spouse that files paperwork to end their Marriage. Legal Separation will allow a spouse in such circumstances the opportunity to receive Alimony and/or Child Support without filing for Divorce.
Couples who are not ready to file for Dissolution of Marriage but are interested in spending time apart from each other may also consider a Legal Separation. During this period, they can attempt to work on the Marriage and remain hopeful that time away from one another will improve their relationship. Seeing a Marriage Counselor together or individually during a Legal Separation may enhance communication skills in a Marriage. If you or your spouse are interested in connecting with a Therapist in Central Florida, our office can provide a trusted referral for you. Our Team at The Marks Law Firm, P.A. – Family Law & Divorce Attorneys understands the positive impact of Mental Health Professionals throughout the process.
For someone who needs time to heal after infidelity in the Marriage, he or she may want to explore a Legal Separation as the couple works toward a possible reconciliation. Terms that may appear in a Legal Separation agreement include Alimony, Child Support, Timesharing (as previously mentioned) and the Parenting Plan.
If you have questions regarding moving forward with a Legal Separation or would like to speak with one of our Orlando Family Law Attorneys about the process to legally separate, please call our office at (407) 872-3161.
It is our Mission: “To Honor God and Faithfully Represent our Clients with Great Leadership, Attitude, Excellence and Teamwork.”
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