Recently in The Family Court Category

June 24, 2009

Fort Lauderdale Divorce Attorney's Advice On Depositions

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.

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June 23, 2009

Eleven Things That Your Fort Lauderdale Divorce Attorney Should Tell You About Children

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.

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June 15, 2009

How to Conduct Yourself In the Fort Lauderdale Divorce Court

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.

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