Fort Lauderdale Divorce Lawyer Blog

Many times a client will come into their Fort Lauderdale divorce lawyer's office and not know where there spouse is currently residing or located. Sometimes parties may have been separated for many years for a variety of reasons. A spouse may have returned to their home state or country. Others separated at the beginning of a marriage for reasons of domestic violence and have not seen their spouse in twenty years.

While your Broward marital and family lawyer can assist you in filing for divorce and requesting alimony, child support, attorney's fees and costs as well as equitable distribution, a preliminary step requires that your spouse be served with your Petition for Dissolution of Marriage, even when he or she has disappeared, before the court can enter a Final Judgment of Dissolution of Marriage.

If you are unable to locate your spouse, he or she will have to be served by constructive service of process or service by publication (i.e service in your local newspaper). You must first make a diligent search and inquiry with the United States Post Office, last known employment, unions that your spouse may be affiliated with, regulatory agencies, relatives, death records, telephone listings, internet people finder sites, law enforcement arrest or criminal records and highway patrol records in the state of your spouse's last known address. In addition, you should also check the department of motor vehicle records, department of corrections records, child support enforcement agency records, hospitals in the last known area of your spouse's residence, utility companies (water, sewer, cable and electric), the armed forces and the tax assessor's and tax collector's offices.

Once you have made a diligent search and inquiry as to your spouse's whereabouts, you will have to file an Affidavit of Diligent Search and Inquiry with your Petition for Dissolution of Marriage. The Clerk of Court will enter a Notice of Action for Dissolution of Marriage and provide a copy of this document to your local newspaper such as The Daily Business Review. Your local newspaper will publish the Notice of Action for Dissolution of Marriage for four consecutive weeks.

After the four consecutive weeks of publication in your local newspaper, your spouse may file a responsive pleading. If not, you can file a Motion for Default and request that the Clerk of Court enter a Default against your spouse for failure to file a responsive pleading. Once a Default has been entered against your spouse, your Fort Lauderdale divorce attorney can set your case for a final hearing before the Broward marital and family law judge assigned to your case so that you can finally be divorced.

Monroe County, Florida which is south of Broward and Miami-Dade has the second highest rate of divorced residents in the United States of America. 18.3%, or 11,473 of Monroe County's 62,229 have hired a divorce lawyer or proceeded without a divorce lawyer in obtaining a Final Judgment of Dissolution of Marriage or have divorced somewhere along the way. Census reports indicated that 6,829 men and 4,644 women are divorced in The Florida Keys.

The Florida Keys atmosphere may play a role in these statistical figures. The Florida Keys is a place of escape. There has been economic problems in Monroe County just like every other county in Florida. Other counties in Florida that are included in the top ten counties in the nation for percentage of divorced residents include Putnam in North Florida and Pinelles on the west coast, both which report rates higher than 16%.

When you hire your Broward divorce lawyer, you will most likely discuss your house, your furnishings, alimony, child support and custody and time-sharing with your children. During a Fort Lauderdale divorce, everything can become contentious. A common questioned asked to marital and family law attorneys in Fort Lauderdale relates to which spouse will ultimately get custody of the dog or cat.

In Miami-Dade and Broward, who gets the pet is a common point of contention in the office of divorce attorneys and mediators, and even sometimes in the courtroom. Most spouses manage to work out pet arrangements without the need of the Florida marital and family law judge. In Florida, judges have to follow the law related to pets. The law and case precedent state that animals are property, and that means that neither party can have custody, time-sharing, visitation or shared parental responsibility with the dog or cat. Insofar as a pet is property, it is subject to equitable distribution like all of your other assets

Just like your pension, furniture and car, pets are considered personal property, and legally, it can only be awarded to one person. If a pet is acquired during the marriage and is not a gift to one party from another person outside of the marriage, it is an asset subject to equitable distribution. In awarding the pet to one of the parties, the court will look at who spent time with the pet, fed it, cared for it, and had the closest bond with it.

Your Fort Lauderdale divorce lawyer will try to keep you and your spouse from going to court about your pet. Many couples are able to work out a private or mediated agreement regarding their pet. Some couples will develop a time-sharing schedule and custody arrangement so that they can both continue to enjoy their pet. Others have included a provision that required their dog to have puppies. While divorce lawyers in Miami-Dade and Broward are divided over the enforceability of such arrangements and contracts, almost all agree that a resolution outside of the courtroom is the most prudent decision for all couples.

When you meet with your Fort Lauderdale divorce lawyer, you will soon have an understanding of the main elements of your divorce case. These includes sole or shared parental responsibility, a parenting plan that includes a time-sharing schedule, equitable distribution of the marital assets and liabilities, alimony, child support and attorney's fees and costs. However, once the Broward marital and family court enters your Final Judgment of Dissolution of Marriage, you will be a single mom who is responsible for the day to day care of your children.

When your former spouse exercises his custody rights of time-sharing in Fort Lauderdale, you may initially have some anxiety. How you and your former spouse communicate becomes an example for your children and lays the foundation for how your children will manage their future relationships. Your Broward divorce attorney will explain that you should never discuss your marital and family law case with your children or negatively criticize your former spouse to your children.

Regardless of whether you file for divorce in Miami-Dade or Broward, a divorce can have a major impact of your finances. If you are a newly single mother who relied on her former spouse to pay the bills, you need to quickly learn about your finances. You should establish a monthly budget that takes into account any alimony or child support that your receive, purchase life insurance and understand your credit.

Finally, you can not forget about yourself. While you may not be ready to date, you need to have a social life. Enjoy your downtime and stay healthy in order to give you the energy and stamina that you need. Make sure that you get plenty of sleep.

Being a parent is a hard job. However, being a single mom can be more difficult. You must remember to thrive and grow with your children and create wonderful new memories after your divorce in Fort Lauderdale.

If you have recently been divorced in Broward, you most likely never thought that you would be a single mom. In Florida, the odds are stacked against you when you get married and have children. 50% of first time marriages and 67% of second time marriages end in divorce in Ft. Lauderdale. Single mothers in Fort Lauderdale who are becoming adjusted to their custody, time-sharing schedule and parenting plan are not alone. The following are some tips that your Broward divorce attorney should discuss with you after your case has concluded.

You need a group of people to rely on after your Florida marital and family lawyer finalizes your divorce. Consider your friends, relatives, neighbors and co-workers when you have an emergency and need a third party to rely on. You should also consider the parents in your childrens play groups, classes and after school activities to provide you with emotional support. Chances are that you will be able to speak to other moms who have been divorced in Hollywood, Plantation, Westin, Pembroke Pines and other cities in Miami-Dade and Broward who can lend a helping hand.

There are many positive attributes about being a single mom. Immediately rid yourself of any guilt that you may feel from being a single mom. You need to find inspiration to feel good about your decision to hire a lawyer and file for divorce, child support and alimony in Fort Lauderdale.

Last but not least, you must set ground rules with your former spouse. The both of you are going to have to implement your child custody arrangement, which in Florida is now referred to as a parenting plan and time-sharing schedule. Your Fort Lauderdale divorce lawyer will have assist you in creating a formal agreement that deals with all areas of coparenting.

When you hire a Broward divorce attorney, you will be told that a divorce can be an extremely painful process both financially and emotionally. You and your spouse will have to resolve child custody matters such as time-sharing and a parenting plan, alimony, child support and equitable distribution of your marital assets. At times throughout this process, you will have to navigate through the emotional pain of a divorce.

You and your spouse will eventually have to come to terms with the fact that the entry of your divorce decree by the Fort Lauderdale marital and family law judge will be the death of a deep personal relationship. During your divorce, surround yourself with family and friends. Do not be afraid or scared to ask them for help. You should talk with them about your feelings.

Do not forget to take good care of yourself. You should eat healthy, exercise and consider getting a massage. Remind yourself of your positive attributes. Block away negative thoughts about your divorce. Finally, after your divorce in Ft. Lauderdale has concluded, explore ways to redefine yourself.

In part 1 of How To Survive Your Fort Lauderdale Divorce, I discussed ways that you can take care of yourself and your job during a dissolution of marriage. Let's face it, divorce litigation in Broward County related to alimony, child support, and custody issues such as a parenting plan and time-sharing schedule can become overwhelming. The stress and personal problems during this difficult time in your life should be controlled to prevent your job from being sabotaged.

You should not speak to your Fort Lauderdale divorce attorney during work unless it is a true emergency. When you speak to your marital and family lawyer, you should be in a private place where you can concentrate.

You should not speak to your spouse during work unless it is a true emergency. These conversations can be volatile. You can also become emotional. Your concentration and work product should not be negatively impacted by your pending Broward divorce and the heated conversations with your spouse related to alimony and child support.

Never use your photocopy machine at work to copy litigation papers in your case. You and your spouses financial documents and litigation documents are private and should not be shared, by mistake or otherwise, with your colleagues. You should also not use your office computer to discuss your personal life. Your hard and soft drives can be requested for inspection during the discovery process by your spouses lawyer.

You should focus on your job. During your divorce, the stress can detract from your job. You may also feel a sense of loss of control and self worth. However, you do not want to perform poorly at work. When you are able to take a break, walk, breathe, look out the window and stretch. The more you continue to function, the greater your sense of control and self esteem.

If your are a victim of domestic violence in Broward, document any problems that your spouse may cause at your job. You should ask your co-workers to alert you if they see your spouse's car in the area. In addition, ask your lawyer to subpoena any camera videotapes at your office or on surronding buildings.

Personal problems such as a divorce, alimony or child support case in Broward or a troubled marriage can be so overwhelming that they can threaten your career. During your custody, parenting plan and time-sharing litigation in your marital and family law case, your Fort Lauderdale divorce attorney can help you to control the litigation. However, you must help yourself and control your personal problems. To maintain your professional life during a divorce, there are several tips that you may want to consider.

You should keep your divorce private. Avoid discussing your case at work unless it is completely necessary for reasons such as a court appearance. This will help you keep the stress outside of your job.

Try to talk about your problems with people outside of your job. While it can be expensive to talk to your Broward divorce lawyer, you can speak to a friend, family member or your therapist. They can help calm you down. Your divorce and child support attorney in Hollywood, Plantation or Pembroke Pines can help you handle yourself in front of the mediator or judge.

When you get in your car, give yourself an escape from your divorce. Once you get out of your car at work, close the door on your personal problems and enter work mode. When you leave work, leave your work problems at your job. By compartmentalizing, you will get some relief and your problems will not seem so overwhelming.

You should tell your divorce lawyer to schedule depositions and court dates convenient to your work schedule so that you do not miss more days then you need to miss. Since court dates are planned in advance, give your employer as much notice as you possibly can. You should also try to make up your time.