Fort Lauderdale Divorce Lawyer Blog

Last year, Okaloosa County, Florida created its first Unified Family Court in Crestview. Okaloosa County Circuit Judge Terry Ketchel was appointed to preside over the court. According to Ketchel, the court was set up to bring related domestic issues into the same courtroom before a single judge. He also stated civil cases concerning divorce, domestic violence, neglect, and juvenile delinquency make up almost half of all cases heard in the First Judicial District of Florida.

Terry Terrell, Chief Judge of the First Judicial Circuit, is committed to the Unified Family Court concept. Terrell, who was previously appointed to a Family Court Steering Committee by the Supreme Court of Florida, believes Crestview was a particularly well-suited location in which to begin the program. Although the Unified Family Court is still in its early stages, Okaloosa County officials hope to establish another location next year.

Judge Ketchel believes the new court provides judges with an opportunity to engage in better decision-making because it provides a judge with a better understanding of a family's particular situation. He also stated prior to implementation of the new court, it was not uncommon for a single family to have multiple cases on the family law docket at any given time. The primary goal of the Unified Family Court is to protect children. According to Ketchel, "They're not causing any of this, but they are dramatically impacted. Even the best of divorces is traumatic for children."

Although there is no way to truly determine the success of the county's new family court, employees at the Department of Children and Families in Northwest Florida support the concept. Additionally, Terrell believes the court has increased judicial efficiency and acts as an effective case management tool. It will be interesting to learn whether other Florida counties soon follow the new Okaloosa County family court model.

If you are faced with divorce or other stressful family law matters, you need an experienced attorney who is focused on family law to help you navigate the legal process. Whether or not you have legal counsel for marital and family law matters can make a huge difference in your future. A knowledgeable family law attorney can help.

Continue reading "Okaloosa County's First Unified Family Court Established in Crestview" »

Three days after he administered the Florida attorney's oath to his son Carlos, 58-year-old Miami-Dade Circuit Judge Julio Jimenez succumbed to liver cancer. The former defense attorney started his career as a circuit judge in 2003. He began presiding over Miami-Dade family law matters last January.

Judge Jimenez was born in Matanzas, Cuba and immigrated to the United States with only his sister at the age of eight. When the rest of his family arrived in the United States, Jimenez's family moved to Chicago. He attended the University of Illinois and later earned a law degree from DePaul University. Jimenez moved to the Miami Metro as a new attorney more than thirty years ago. The young defense lawyer met his wife, Lili, at the court house where she worked as an interpreter for Spanish speakers.

Jimenez is remembered as an active judge who truly enjoyed his job. 11th Circuit Chief Judge Joel Brown stated Jimenez was a well respected judge who had a reputation for both integrity and fairness. Miami-Dade Circuit Judge Jorge Cueto said Jimenez was a smart, decisive man. Early on in Cueto's career, Jimenez served as a role model for the type of judge he hoped to become.

Judge Jimenez was also known for his willingness to make tough decisions in the courtroom. When presiding over criminal trials, he offered up long prison sentences for violent offenders. A former law partner said Jimenez always had the ability to differentiate between those offenders who merely made a mistake and those whose violence merited stiff punishment. Jimenez also expected parties to be practical and negotiate plea deals in those cases he felt ought to be resolved prior to trial.

Unfortunately, after only one year in the Miami-Dade Circuit's family law division, Judge Jimenez lost his battle with liver cancer. He is survived by his wife and three children.

Continue reading "Miami-Dade Circuit Family Division Judge Julio Jimenez Dies at Age 58" »

A Fort Lauderdale mother was awarded unsupervised time-sharing and visitation rights to her 11-month-old son. However, a Broward county General Magistrate denied her requested to regain full custody of her child. The court ordered the child, Charlie Costa, to stay with a new foster family in light of a recent injury.

The minor child, Charlie Costa, is at Broward General Medical Center suffering from a skull fracture. He is reported to be alert, eating and does not have any hemorrhaging. In light of his recent injury, the mother, Apple Costa, unsuccessfully persuaded General Magistrate Giuseppina Miranda to remove her child from foster care and place him back in her home.

The minor child entered foster care 7 months ago due to burns on his hand and his mother's drug addiction. Since then, his mother has had clean drug tests, completed parenting counseling and had psychiatric evaluations.

The Florida Department of Children & Familes is investigating how the minor child sustained a head injury. It is being reported that the minor child's injuries are not inconsistent with a fall. Investigators and doctors do not believe that there has been evidence of deliberate abuse.

The Florida Governor's Office is reporting that Governor Charlie Christ has appointed Miami-Dade Circuit Judge Kevin Emas to the Third District Court of Appeal. Divorce attorneys in Miami appear before Judge Emas where he presently presides over cases which involve dissolution of marriage, child support, paternity, child custody, alimony, parenting plans and time-sharing schedules.

Judge Emas has been a Circuit Court Judge since 2001. Prior to his tenure on the as a Circuit Court Judge, he had been a Miami-Dade County Court Judge from 1996 to 2001. Judge Emas was appointed to the Third District Court of Appeal as a result of the retirement of Judge Gerald B. Cope.

If you are currently in the process of a divorce in the Broward County, your spouse's Fort Lauderdale lawyer will most likely request to take your deposition. Under Florida Law, once a petition for divorce is filed with the court, both parties are mandated to disclose to the other side their current financial information. Fort Lauderdale divorce attorneys use depositions to learn greater detail about the other party's finances and lifestyle.

A deposition is witness testimony given under oath and recorded for use at a later date in court. Here is a helpful list of what to do and what not to do during your deposition.

1) Request time prior to the deposition for your attorney to prepare you.

2) Review the documents you have already disclosed to the other side and familiarize yourself with how you responded to interrogatories and other questions in the past. You may be asked to answer the same questions again and will want to remain consistent.

3) Do not bring any documents to the deposition unless instructed by your attorney.

4) Do not volunteer information. If you are asked a yes or no question, give a yes or no answer.

5) Tell the truth! Depositions are taken under oath and everything you say is recorded by a court reporter.

6) Dress appropriately, speak clearly, and remain calm. Answer the questions assertively and with confidence.

7) Think about the attorney's question. Take a second or two to formulate a short answer. Then speak. There is no rush.

8) Keep your answers short. If the opposing counsel requires additional information, he or she will ask for it.

9) If there is a moment of silence after you have finished speaking, do not be tempted to elaborate your answer. Sit tight and wait for the attorney to ask you another question.

10) Do not answer a question that you do not understand. Instead ask for the attorney to clarify or rephrase the question.

During your divorce or paternity case in Broward County, minor children are often placed in the middle of their parents custody, time-sharing and parenting plan disputes. Your Fort Lauderdale divorce lawyer will explain to you that your child is entitled to have a relationship with both parents. The marital and family law court located north of Hallandale Beach in downtown Fort Lauderdale will do its best to protect your children during your case.

You should always remember to think about what is in the best interest of your children. The following will help your children prosper and maintain the best behavior during and after your divorce or paternity case:

1. Children should have the right not to be asked to choose sides between their parents.

2. Children should not be told the details of a bitter, nasty divorce.

3. Children should not be told bad things about the other's personality or character.

4. Children should be able to speak to the other parent in privacy, unless that parent is suspected of abuse.

5. Children should have the right not to be cross examined after visiting the other parent.

6. Children should not be used as a messenger from one parent to the other.

7. Children should not be asked to tell untruths by one parent to the other.

8. Children have the right not to be used as a confidante regarding the divorce proceedings by one parent or the other.

9. Children need to be able to express their feelings.

10. Children have the right to be protected from parental warfare.

11. Most importantly, children have the right to love their parents -- both their mother and their father.

Whether you are seeking a divorce, alimony, child custody, paternity, or any other relief from the Fort Lauderdale marital and family law court, you must conduct yourself professionally. Your Fort Lauderdale divorce attorney will take the lead, and you should remain silent while in the family court until your lawyer or the Broward County judge directs you to speak.

While the judge is talking pay close attention. While your attorney speaks listen to what he says. If either the judge or your attorney misstate the facts, use a notepad and write a note to your attorney. Whispering should be kept to a minimum because many courtrooms have microphones at the table and the court reporter may incorporate your private discussion with your attorney into the record.

If your ex-spouse takes the stand and twists the truth, sit back, relax, and remember that you will have your chance to explain the real story. You should make a note to your attorney to alert him that the witness is lying, but do not speak out loud or make funny faces during the testimony. This will only hurt your case. Remember that you are before the judge asking for relief, and if you appear intelligent, confident, secure and sympathetic, you have a better shot at winning your motion.