Recent Blog Posts in February 2010

When parents separate or divorce, the issues of child custody and visitation are usually one of the most contentious issues.  Each parent, of course, usually wants to maintain a close and continuing relationship with their children.  The fundamental question is, "How do we go about doing that under our particular circumstances?"  The answer to that question is best decided by the parents, who intimately know their children.  If the parents cannot agree, then a judge, who does not know either parent or the children, must make a decision based upon the evidence presented and the law, which is set forth in Florida Statute section 61.13.

In most cases, a court will order that parents "share parental responsibility."  That simply means that both parents have the same rights when it comes to making decisions about their children.  Neither parent has greater authority over the other in making decisions about their children.

Prior to October 1, 2008, when a judge ordered that parents share parental responsibility, the judge usually designated one parent as the "primary residential parent."  The primary residential parent was the parent with whom the children spent the most time.  That parent had "custody" of the children.  The other parent was designated as the "secondary residential parent."  The secondary residential parent had "visitation" with the children.  However, changes in Florida law have abolished the concepts of primary residential parents, secondary residential parents, custody, and visitation.

Under current Florida law, judges will still order shared parental responsibility for the children.  However, instead of  primary and secondary residential parents, custody and visitation, the law has been simplified to reflect that there is Mom and Dad, both of whom are entitled to "time-sharing" with the children.  The parents, or the judge, must then decide how much time each parent should spend with the children.

The allocation of time-sharing is set forth in a "parenting plan," which is required by Florida Statute section 61.13.  In the next entry of this series on child custody and visitation, I will discuss the requirements and benefits of parenting plans.  In the meantime, if you have any questions about child custody and visitation, you should contact a qualified Jacksonville area child custody and visitation lawyer to answer your questions.

Let's face it.  Divorces can be expensive.  Most lawyers charge by the hour, so the more time your lawyer has to spend on your case, the more it will cost you.  If you and your spouse cannot agree on certain issues, then your lawyer will have to deal with those issues and charge you for the time spent.  By the same token, the more you and your spouse can agree, the less time your lawyer will have to spend.  That results in a cost savings to both you and your spouse.

An uncontested divorce is one where you and your spouse have already agreed on all the issues, such as child custody, visitation, child support, alimony, and the division of property and debts.  When you hire a lawyer to handle an uncontested divorce, you present your agreement to the lawyer, who then drafts all the documents you and your spouse need to sign, usually for one flat fee.  Keep in mind, though, that the lawyer can only give you legal advice while drafting the documents.  He or she cannot act as an attorney for both you and your spouse.

The cost of an uncontested divorce can vary depending on the number and types of documents the lawyer will need to draft.  For example, an uncontested divorce involving children will be slightly more expensive than an uncontested divorce not involving children.  Why?  Because the lawyer will have to draft a "parenting plan," calculate child support, and most likely draft an "income deduction order" for the payment of child support.  Similarly, if you and your spouse have agreed to divide retirement plans, the lawyer will have to draft special orders to divide the plans.

If you and your spouse have come to a complete agreement on all issues, please feel free to contact me, a Jacksonville uncontested divorce lawyer, to discuss how I can help you at a minimal cost.

So now you have decided to retain a divorce lawyer.  The next question is, "Whom should I hire?"

Choosing a family law attorney is a bit like choosing an auto mechanic.  Unless you have some experience in auto mechanics, you probably don't know know where to begin.  When choosing your lawyer, the foremost questions in your mind should be: (1) is this lawyer truly qualified to handle my case; and (2) can I trust this lawyer?

Before you go searching for divorce lawyers, you need to do some homework.  I will break this down into two sections:  (1) what not to do and (2) what to do.

Keep in mind that there are many lawyers who practice in the area of family law.  However, they may have other practice areas as well, such as personal injury, criminal defense, and real estate.  Lawyers who diversify their practices into many areas of the law cannot devote their entire attention into one area of law, so they are more likely to be less informed than lawyers who devote their practices into a single area of the law.

What Not to Do:

Telephone Book Directories.  If you look in a telephone book directory, you will probably find a specific section for family lawyers.  But just because those lawyers have a listing in the directory doesn't mean that they are qualified to assist you with your family law problem.  Even a lawyer who devotes only one percent of his or her practice to family law can take out an add in a telephone book directory.  In fact, if you look around any given directory, you will probably find the same lawyer has taken out advertisements in other legal areas as well.

Other Forms of Advertising.  Aside from telephone book directories, lawyers will also market themselves in other forms of media (yes, including the Internet, like I do).  Like telephone book directories, any lawyer can throw up a web site, put on a television commercial, or purchase an advertisement in a local newspaper or magazine.  Yet advertisements do not mean that the lawyer is qualified to handle your family law case.  It just means he or she paid money for an advertisement.

Beware of Fighting Words.  If you see an advertisement, you will frequently see catch phrases like "aggressive."  Catch phrases like that are meant to get you fired up and ready for a fight.  The best family lawyers are usually those who promote a minimization of conflict.  So beware of lawyers who use fighting words.

Friends and Family Members.  Of course we put our trust in friends and family members.  Although you should definitely ask them about potential lawyers, be careful of their comments.  As much as we love and respect them, every family law case is different.  Some of our friends and family members may have had a bad personal experience with a particular lawyer, but that bad experience may be due to a client's unrealistic expectations that didn't materialize into anticipated results.

Free Consultations.  My experience has been that lawyers who offer free consultations are not interested in helping prospective clients.  Rather, they are intent on giving you a sales pitch.  You are likely to walk away from a free consultation with more information about how great the lawyer is rather than any information on how he or she can help you with your family law problem.

What to Do:

Ask Questions.  Without a doubt, asking the right questions is the best way to find a qualified divorce lawyer.  Here are some questions you should be asking:

    1.     What percentage of your practice is devoted to family law?  A qualified divorce lawyer will devote the vast majority of his or her practice to matrimonial and family law.  At the Law Office of Wesley H. Owens, our practice is limited exclusively to matrimonial and family law.

    2.     For how long have you been practicing law?  Although there is no bright line rule as to how long a lawyer has been practicing, a good rule of thumb is "the longer the better."  For example, I have been practicing matrimonial and family law for about fifteen years.

    3.     Are you a member of the Family Law Section of the Florida Bar?  If a lawyer is not a section member, he or she is not likely to be involved in emerging family law issues.  You may also want to ask whether the lawyer serves on any Family Law Section committees to determine his or her active involvement in helping to formulate creative solutions to family law issues.

    4.     Do you represent more men or women?  Unfortunately, some lawyers use catch phrases like "men only"or "women only" as a marketing tool.  It is better for your prospective lawyer to have a balance of experience in representing both men and women.

Do not be afraid to ask questions.  The lawyer you retain is likely to have a tremendous impact on the most vital issues of your life, with consequences that will endure for a lifetime.

"My case seems so simple.  Do I really need to hire a divorce lawyer?"

That is a question I hear over and over again.  Prospective clients often believe their family law case to be simple, so they question the need to spend money on a qualified matrimonial lawyer.  I usually answer that question with a personal story.

A few years ago a small light bulb went out on the dashboard of my car.  Although the car was out of warranty, I took it to the dealership and asked how much it would cost to fix the problem.  "Well, Mr. Owens, it will cost $2 for the light bulb, plus $58 in labor."  To me that sounded outrageous, so I decided to do it on my own.

I typed my problem into Google and found the appropriate technical service bulletin (TSB).  I followed the TSB perfectly and switched out the light bulb.  Then I turned on my dashboard lights, which lit up like a Christmas tree!  I was so proud of myself for saving money by solving the problem myself instead of paying money to a qualified auto mechanic.  But that is where the trouble started.

I started the engine and turned on the air conditioning.  Although the engine started, the air conditioning would not work.  So I went back to Google, typed in the latest problem, and found a supplemental TSB which said, "DO NOT FOLLOW THE ORIGINAL TSB.  OTHERWISE IT MAY BLOW OUT YOUR A/C SYSTEM!"

After a trip to a qualified auto air conditioning mechanic, my dashboard lights still lit up and my air conditioning system worked perfectly.  Total cost?  $1,200.

The point of the story is simple.  Do not try to do what you are not qualifed to do, no matter how simple the problem seems.  You can try to process your divorce on your own, but in the end, you may wind up spending more on a qualified family lawyer than you would have had to spend had you done so in the first place.

If you live in the Jacksonville area, please feel free to contact me and explore some creative options to your current family law matter.