Below are some commonly asked questions that we try to answer to the best of our ability. Every situation is unique, and we urge you to contact us if you are seeking legal advice. These F.A.Q.’s are generalizations and should not be perceived as legal advice.
- What is a contested case?
Unless and until you have a signed agreement resolving every issue in your case, your case is a contested case. If you and your spouse or the other parent of the child cannot agree on an issue in writing, that issue must be brought before the judge to decide.
- If each party agrees on everything, do I still need an attorney?
We advise that all agreements be reviewed by an attorney. You can file documents on your own, but we also recommend having those documents reviewed by an attorney. It will save you time and energy when you go to the final hearing and you have all documents you need to finalize your case.
- I am not the one who asked for the divorce. Can I make the other person pay for the divorce?
Equitable distribution, child support, and alimony are issues the judge will have to decide. But Florida is “no fault” state, so the person requesting the divorce does not have any advantage over the other spouse. These issues will be decided based on what is fair and equitable, not who requested a termination of the relationship.
- I don’t want a divorce. Can I stop the other person from getting a divorce from me?
Unfortunately, it is unlikely to stop the dissolution of marriage proceedings if the other spouse wants to move forward. If you believe your marriage is not broken, the court may order you to counseling, however, if one person says the marriage is irretrievably broken, the court will grant the dissolution of marriage (as long as one spouse is a resident of the state of Florida).
- How long will my case take? How quickly can we go in front of the judge?
Court time is based on the judge’s schedule and the circumstances of the case. If you have an agreement or a default is entered, the earliest you can get divorced would be 20 days from the date of filing. For most contested cases, it takes several months to get to trial. There is a process to request and obtain documents and subpoena witnesses for trial. There is no guaranteed time-frame for family law cases, but the Court does what it can to keep cases moving. Our goal at Tee Lee Law, PLLC is to get your case ready for trial as soon as YOU feel ready to proceed to trial.
- How much will it cost?
At our consultation, we will discuss retainer amounts with our office. The total amount you spend will depend on how litigious the case becomes and how complex your situation is. The cases with full agreements with little revisions will be the most cost effective. It is recommended that when you see an attorney, you have a general idea of your current financial situation, the time-sharing schedule with your children that would be in the children’s best interests, and what you hope to gain by going to court. If your case requires expert witnesses, depositions, multiple hearings, and a final trial, your case will be more expensive. We will strive to keep your costs down and discuss your budget throughout the process.
- When will my child get to see the judge? When can my child decide who to live with?
It is rare that a child is permitted to come to court. A parent (through his or her attorney) would file a motion to permit child testimony. Only in extreme situations should this even be considered and requested. Even though Florida Statutes considers the child’s preference as a factor in determining the time-sharing schedule, the Court will not usually allow the child to ever dictate or control the parenting plan and time-sharing schedule. There is no golden or bright line age when a child can choose with whom to live in Florida.
- What is mediation? Do I have to go? How much will that cost?
Mediation is an alternative dispute resolution available to parties in family law matters. It is an opportunity for the parties to meet together with a neutral third party to negotiate the issues in their respective cases. The mediator is a certified, trained facilitator who will help the parties reach an agreement. The parties will be required to mediate prior to a trial (and in most circumstances, prior to any hearing before the judge). If the parties qualify (joint income less than $100,000), the parties may be able to mediate through the court services mediation. The cost for that mediation would be $60 or $120 per person (depending on joint income). Courthouse mediation services are limited to approximately 3.5 hours. For a private mediator, the parties will equally split the hourly rate of the mediator. Most mediators charge a minimum of 1-2 hours of mediation services even if the parties do not mediate that long. The parties coordinate mediation times based on their needs. It is recommended to schedule mediation for at least ½ a day. We recommend a full day mediation when children are involved.