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Family Law and Attorney Leadership

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By Family Law Attorney Tom Marks

I read a great book while on vacation last week on the topic of leadership. You might ask what does leadership have to do with a family law practice. Don’t family law attorneys just deal with divorce, timesharing, children’s issues, equitable distribution, alimony and the like?

Well actually, good family law attorneys are all about leadership. If the divorce attorney is open to new ideas and ways of helping others, then he or she is able to influence, teach and mentor others in the process. When the client arrives in an emotionally and financially vulnerable place, the attorney can exercise integrity and leadership to help the client navigate through the divorce, modification, enforcement or other any other type of family law case.

Good family law attorneys, as leaders, need to have a vision and be able to communicate that to the client. They also need to have good communication skills and to be highly competent in their profession. Great leaders, who happen to be family law attorneys, need to have great people skills and be able to coach their clients through a very difficult process. They need to be open to doing what is in the best interest of the client, even if that means helping them reconcile their marriage and keep their family together. That is called integrity.

I have read a lot of books on leadership and have always tried to exercise the principles I’ve learned not only in my personal and family life but also in my professional life as a family law attorney.

What Kind of Family Law Attorney Are You Looking For?

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By Family Law Attorney Tom Marks

Some people want an experienced, more expensive Family Law Attorney and some people want a newer, less expensive Family Law Attorney. Some people want their attorney to be a “bulldog” and some people want someone who cares about them and their future.  Is it possible to get all of these in one Family Law firm? Let’s explore this question.

The Marks Law Firm has several attorneys, with professional rates ranging from $275 to $450 per hour. We also have attorneys with experience levels from 3 to 44 years. The Firm has an experienced team of paralegals with rates of $125 per hour.

So how do you put all of those fees and costs together in the most cost effective, efficient and strategic way? The answer is that we work as a team. The paralegals support the attorneys and do whatever they can under the supervision of the attorneys to keep costs down.

For those looking for a more cost effective source of representation, we pair the paralegals with the more entry-level attorney(s). On bigger more complex cases we utilize the more experienced attorneys along with the paralegals and if necessary the more cost effective younger lawyers.

Of course we have administrative support staff including our Receptionist, Office Manager and Marketing Director.  This provides administrative support that includes having non-legal client questions answered without charging the client. In addition, we bring the client on as part of the team with the paralegals, attorneys and support staff.

The client knows the facts as to what has occurred in the marriage and leading up to the Dissolution of the Marriage, Paternity action or any other family law matter we might be handling for them. I like to say we “row the boat together” or we “plow the field together”. That way the client, as part of the team, works in unison with the paralegals and attorneys in a very collaborative and synergistic way. I have found this team effort to be a great way to be on the same page with the client in presenting our case in Mediation, to Opposing Counsel or to the Court.

We make every effort to resolve each client’s case in an amicable and an uncontested fashion. However, when we find the other side being completely unreasonable and unwilling to resolve the family law matter in a positive realistic way, we are experienced enough and ready to litigate our clients case to the fullest.

You might call that, “being a bulldog,” we would call that “representing our clients zealously”. So we are able to provide the whole range of family law services and competencies to the Client, bringing the Client on to the team of Attorneys, Paralegals, Legal Assistants, and Administrative support staff. Simply put, we care deeply about our Clients. We want to see them better off for having been represented by The Marks Law Firm. We strive to represent our clients with integrity, excellence and devotion. Our clients are our mission.

What About a Post-Nup Marital Agreement?

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Everyone is familiar with at least the general idea of a pre-nuptial agreement—a contract you enter before your marriage that governs what will happen to certain assets and liabilities if things don’t work out.

But did you know you can still take advantage of those same protections AFTER you say “I do?”

Florida law allows married parties to enter into a post-nuptial agreement—a contract after you’ve been married that has basically the same impact as a pre-nup would. Most people don’t consider this option, either because of taboo or because they simply don’t know it exists. However, a post-nuptial agreement can be a great way to alleviate financial concerns that arise after your wedding day.

For example, a post-nuptial agreement can be very helpful in limiting the fights over finances that so often create conflict in the home. By addressing money issues in a post-nup, you can remove some of the financial uncertainty that may be causing your spouse to worry. A post-nup also allows you to protect assets that you didn’t have coming into the marriage, but have since built or acquired.
While the discussion about a post-nup may be a delicate conversation, it may be one worth having. If you think a post-nuptial agreement would be beneficial in your marriage, you should contact one of the experienced family law attorneys at The Marks Law Firm to discuss the option in more detail.

When Does My Spouse Get Rights to My Property in Marriage?

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Florida Statute 61.075 controls how the parties’ assets and liabilities are to be distributed.  As previously discussed, the court must first determine which assets and liabilities are classified as “marital” (see previous blog for more information on this topic).

Upon said identification, the Courts must begin with the premise that distribution should be equal, unless there is justification for same.  The statute provides factors for the Court’s consideration for an unequal division of the marital assets and liabilities as follows:

  • Contributions to the marriage by both parties, including care of both the children and the home.
  • The economic circumstances of both parties.
  • The duration of the marriage.
  • Any interruption of personal careers or educational opportunities of either party.
  • The contributions from one spouse to the other spouse’s career or educational opportunities.
  • The desirability of retaining any assets, including an interest in a business, corporation or professional practice, intact and free from any claim or interference from the other party.
  • The contributions of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and non-marital assets of the parties.
  • The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or the party, and it is financially feasibly for the parties to maintain the residences.  In making this decision, the court will examine whether it is in the best interest of the dependent child to remain in the marital home; and, if not, it will look at whether other equities would be served by giving one party exclusively use and possession of the marital home.
  • The intentional dissipation, waste, depletion, or destruction of marital assets after filing of the petition or within 2 years prior to the filing of the petition.
  • Any other factors necessary to do equity and justice between parties.

The date for determining the assets and liabilities as marital is the earliest of: the parties’ entry of a valid separation agreement, a date agreed upon by both the parties, or date of filing a petition for dissolution of marriage.  The value of said assets and liabilities is to the judge’s discretion as to what is just and equitable under the circumstances.  In many cases, the valuation date of marital assets is as close to the time of Trial as possible to produce the most fair distribution for both parties.  However, in same cases a valuation date is identified as prior to Trial because of an extreme increase or reduction in value of the assets by a spouse since filed.

If you have any questions regarding the above as it relates to your case, either submit an online inquiry for a consult or call The Mark’s Law Firm at 407.872.3161.

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Contact Us

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Orlando Divorce Lawyers| Orlando Family Law Attorney

Contact us now to see what options are available and best for you.  We can go over the process with you and set up a consultation with one of our trusted and experienced Orlando Family Law Attorneys and Orlando divorce lawyers.

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Contempt or Enforcement

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Contempt or Enforcement

When a parent or former spouse refuses to comply with a Court Order, it may be appropriate to ask the Court to hold him or her in Contempt of court or Enforce the Order or Final Judgment.  The Court has the authority to act to ensure compliance with the Order and may even impose sanctions on the non-compliant party and award you attorney’s fees for your efforts.

To begin the process of Contempt/Enforcement, you should become aware of the steps required by the Court.

Important Points to Keep in Mind:

  • Forms should be typed or completed in black ink
  • Motions should be signed before a notary or deputy clerk
  • Electronic filing procedures are unique to each judicial circuit
  • Specific electronic filing instructions are available for those who are self-represented
  • Once a Hearing has been set by the Court, you will need to complete a Notice of Hearing

If you or your children are the victims of a party who refuses to honor a Court Order, call The Marks Law Firm in Orlando Florida for a one-on-one consultation to receive clear advice to discuss your options.