Florida Divorce Attorney Edward J. Chandler, Esq.

Edward J. Chandler, Esq.
708 East Atlantic Blvd.,
Pompano Beach, Fl 33060
Phone: (954)788-1355
Fax: (954)788-1357

Our Philosophy

Client satisfaction is our first priority. Edward J. Chandler, Esq. is a trial lawyer ready and able to litigate to conclusion when settlement is impossible. However, the objective is to avoid litigation by employing alternative mechanisms for dispute resolution whenever possible. He regularly participates in mediation with a high degree of success.

He believes in individualized representation because he understand that each situation is unique. Each case is a commitment which is taken seriously. His clients' goals becomes his priority.

Edward J. Chandler, Esq. strives to be available on a daily basis, to be responsive to his clients, and sensitive to their needs. All inquiries are answered and all important decisions are made together with his clients.

Our Legal Philosophy...

Every attorney and every law firm has its own legal philosophy. It is important that you choose attorneys to represent you who have a philosophy with which you are comfortable.

A High Quality Result....

I view myself as a problem solver, whose main goal is to help you resolve your legal issues as quickly and efficiently as possible. I seek to obtain a legal result that is suited to your needs, while thoroughly addressing the issues in your case.

I attempt to achieve that result at the lowest cost possible. I realize that litigation is expensive and that people need to save their money to invest in their future and the future of their children. However, I also believe it is important to achieve a sound legal result that will not create more litigation down the road. I aim to resolve all the legal issues that can reasonably be decided at the time of representation so you can turn your attention and financial resources to other matters.

It is important to invest an adequate amount of money at the outset. Sometimes people try to avoid the expense of litigation and end up with a legal result that is not only less than satisfactory, but may be more expensive to fix in the long run. It is expensive to re-litigate issues that were not properly resolved the first time. There are some legal decisions that cannot be "undone" once they are made. Therefore, it is crucial that you be willing to make the investment necessary to achieve a high-quality result.

It's About People..... You & Your Family

Money, of course, is not the only issue involved in litigation. A significant part of our "problem solving" philosophy is about people. I realize that divorce and custody fights are emotionally difficult for everyone. People, especially children, are often deeply scarred for years by the ugliness of legal battles. One of my primary goals is to achieve the best result with as little nastiness as possible. Sometimes litigation is the only effective way to achieve the result that is in the best interests of you and your family. However, it is not my goal to litigate when a high-quality settlement can be reached in other ways.

Attorneys are expensive....

I take very seriously both our obligation to utilize your resources wisely and my intention is not to make you and your children "victims on the battlefield." I believe that it is in my interest to practice according to this philosophy. A law firm’s reputation is important. In the end, if you’re satisfied with the legal services you’ve received, you’ll be more likely to recommend us to your family and friends.






DISSOLUTION OF MARRIAGE REQUIREMENTS

RESIDENCY: One of the spouses must be a resident of the State of Florida for the past six months.

DISCLOSURE: A proper financial affidavit must be filed before a dissolution of marriage can be granted. The parties are required to exchange mandatory financial disclosure within 45 days after the opposing party is served with the petition, unless the parties agree in writing to waive that requirement.

GROUNDS: The marriage is irretrievably broken or one of the parties has been adjudged to be mentally incapacitated according to the provisions of Florida Statute Section 744.331 for at least the last three years. There is no requirement that the other spouse must consent to a dissolution of marriage.

COURSE: All parties to a dissolution of marriage proceeding with minor children or a paternity action which involves issues of parental responsibility shall be required to complete the Parent Education and Family Stabilization Course prior to the entry by the court of a final judgment. The court may excuse a party from attending the parenting course for good cause.

Family Law

* Under what circumstances will the court award alimony or spousal support?
* How is the amount of child support calculated?
* Once a court issues a child support order, can the amount of support that is paid be changed?
* How is child support collected if the person responsible for paying it moves to another state?
* What are parents' obligations to their children?
* How does a court decide which parent will get custody of a child?
* What is the legal divorce process like?
* What kinds of assets are divided in a divorce?
* What terms should be included in a separation agreement?
* Learn More: Family Law

Under what circumstances will the court award alimony or spousal support?

The obligation of spouses to support each other does not necessarily terminate when they divorce. If the divorce will leave one spouse with very little income and the other with enough to contribute to the low-income spouse's support, the court will usually award alimony, at least temporarily.

Although historically spousal maintenance was typically awarded to homemaker wives, to be paid by breadwinning husbands, that is no longer always the case. Now, either spouse may be awarded alimony if the other has the more substantial income and the recipient spouse's income is insufficient to support him or her at the level to which the spouses were accustomed during the marriage.

Spousal support is often awarded in cases in which one spouse has put his or her education or career on hold in order to raise the parties' children while the other climbed the career ladder and achieved a higher income. In such cases, the alimony will often be temporary, providing income for the period of time that will enable the recipient spouse to become self-supporting. This temporary, or rehabilitative, spousal support enables the spouse receiving it to further his or her education, reestablish himself or herself in a former career, or complete childrearing responsibilities, after which time he or she can be self-sufficient. If one spouse is unable to get a good-paying job, however, due perhaps to health or advanced age, the support award may be permanent.

The amount and duration of alimony depends on several factors, including:
o The length of the marriage;
o The age of each spouse;
o The health of each spouse;
o The ability of each spouse to be self-supporting, including a consideration of responsibilities to the parties' minor children, if any;
o The income of the primary breadwinner; and
o Standard of living the parties enjoyed during the marriage.

How is the amount of child support calculated?

Each state has developed guidelines that help establish the amount of child support that must be paid. The guidelines vary significantly from state to state, but they are all generally based on the parent's incomes and expenses and the needs of the children. In some states, the guidelines allow judges greater discretion in determining the amount of child support that must be paid, but in other states any variance from the guidelines must be carefully justified or it can be readily overturned on appeal. Often, the guidelines are set out in a chart-type format that calculates the child support amount as a percentage of the paying parent's income that increases as the number of children being supported rises. It is important to remember, however, that the guidelines are just that-guidelines-and they are not fixed amounts that must be applied under any and all circumstances. Judges are free to deviate from the guidelines when there are good reasons to do so. If, for instance, one party or a child has higher than average expenses, the amount can vary. Or if the court determines that the paying parent is voluntarily earning less than he or she could for the purpose of minimizing the child support obligation, the judge can calculate the amount of child support based on what the payer is capable of earning.

Despite the variations from state to state, there are some general factors that are almost universally considered by judges issuing child support orders, including
o The child's standard of living before the parents' separation or divorce;
o The paying parent's ability to pay;
o The custodial parent's needs and income; and
o The needs of the child or children, including educational costs, daycare expenses, and medical expenses, such as for health insurance or special health care needs.

Judges will often review a financial statement completed by each parent that lists all sources and amounts of income and expense before issuing an order. If any of the listed items changes significantly, either parent may go back to court and ask for an increase or decrease in the amount of child support ordered.

Once a court issues a child support order, can the amount of support that is paid be changed?

The amount of child support is modifiable under certain circumstances and through a variety of methods. The simplest method is for the parents to agree to a change, but the court must approve even an agreed-upon change in order to be enforceable.

Example: If the payer parent loses his job and asks the custodial parent if he can go a few months without paying support until he has a new job, the custodial parent may voluntarily agree to this modification. If, however, she later decides that she wants to collect the amount of support that went unpaid during that temporary period, the court might support her if it never formally approved the change.

When there is no voluntary agreement, the party seeking the change must request a court hearing at which each side will present, usually through counsel, the reasons supporting and opposing the modification. The court usually will not grant the request unless there has been some fairly significant change in circumstances that justifies the change, such as a significant increase in either parent's income through a remarriage or job change or a substantial change in the needs of the child. Changes in the child support laws, too, may justify a change in previously issued orders. Also, an increase in the cost of living can warrant an upward modification of child support, but generally these periodic increases are provided for in the original order so that the parties do not need to make repeated court appearances each time there is a significant change in the cost of living.

Other anticipated changes that can be provided for in the original child support order include a reduction upon the emancipation of each child, an increase when a child enters college, or any other change based on an event that the parties anticipate and that will have an impact on need or ability to pay.

How is child support collected if the person responsible for paying it moves to another state?

Under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), an order for support issued by the family court in one state will be enforced by the family court in another state to which the paying parent moves if certain conditions are met. Under RURESA, the custodial parent has two options for how to proceed to collect support.

Under the first option, the custodial parent who receives the support must register the order for support in the county where the payer parent now lives. The family court in that county can provide information on the proper registration procedure. That court will then move to enforce the order and make the non-custodial parent pay. The payer parent can, however, go to court in his or her new home state and argue that the child support amount should be modified downward, and if he or she is successful, the child's home-state court is stuck with the reduced amount. A newer interstate support act called the Uniform Interstate Family Support Act, which has been adopted in some states, does not allow the court in the new home state to modify the original court's support order.

Alternatively, the custodial parent can go to the family court in his or her home state to commence an action to enforce the support award issued by that court. The enforcement agency that serves that court will then notify the payer's new home state so that enforcement actions, such as wage withholding, can be implemented there. Under this method, the payer cannot get the award modified in his or her new home state. The new state's court can, however, determine that the amount of child support ordered is too high and require that only a portion of it be paid, but the original state does not have to accept the reduced amount. The payer remains liable for the full amount as originally ordered, and if he or she fails to pay it, the original state may issue an arrest warrant, and the delinquency can show up on the payer's credit report.

What are parents' obligations to their children?

Every parent has the duty to provide his or her children with the basic necessities of life, including food, clothing, and shelter. This duty usually terminates when the child is emancipated, which generally occurs at the age of eighteen, when the child graduates from high school, when the child enters the military, or when the child marries, but the support obligation can extend beyond that point if the child is unable to support himself or herself and would become a public obligation without familial support. The law generally does not dictate the level of support that is provided when the children live with both parents, but when, through divorce or other circumstances, the child is living with one parent, there are strict rules about the amount of financial support provided by the non-custodial parent.

In most instances, parents also have the responsibility to provide necessary medical care for their children. If parents refuse life-saving medical treatment for their children, the state may intervene against the parents' wishes, even if they made their decision on religious grounds.

Parents must also make sure that their children meet school attendance requirements. They do, however, have the right to decide whether the child's education will be in a public school, a private school, or through home schooling.

Stepparents have no legal obligation toward their stepchildren. When they assume the role of the sole provider of the child's support, however, they may be held accountable for providing that support even if the marriage to the child's biological parent ends. Of course, if a stepparent adopts a stepchild, the obligations are the same as they are in any other parent-child relationship.

How does a court decide which parent will get custody of a child?

When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests. To make that determination, the court considers:
o The child's age;
o The child's gender;
o The child's physical and mental health;
o The parents' physical and mental health;
o The parents' lifestyles;
o Any history of abuse;
o The emotional bonds between the parent and the child;
o The parent's ability to give the child guidance;
o The parent's ability to provide the basic necessities, such as food, shelter, clothing, and medical care;
o The child's routines, including home, school, community, and religious;
o The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; and
o If the child is above a certain age, the child's preference.

In many cases, a consideration of these factors results in awarding custody to the parent who has been the child's primary caretaker. Although this is often the child's mother, any preference for the mother strictly on a gender basis is outmoded.

What is the legal divorce process like?

Although some divorces are very simple and can be handled with a minimum amount of red tape and delay, such as when there is no significant property involved and the couple has no children, most divorces are far more difficult and can take many different courses. The following, however, is a basic outline of the divorce process.
o One spouse contacts a lawyer, who assists in the preparation of a petition (or complaint), the legal document that sets forth the reasons why the divorce should be granted and outlines the relief sought.
o The petition is filed with the court and served on the other spouse, together with a summons that requires that spouse's response.
o The served spouse must respond within the time limit prescribed or it will be assumed that he or she does not contest the petition, in which case the petitioner will be granted the requested relief. The response, or answer, must set forth the relief that the answering spouse requests.
o The parties, through their attorneys, engage in "discovery," during which they exchange all documents and other information relevant to deciding the issues in the divorce such as property division, spousal support, child support, etc.
o The parties may attempt to reach a settlement based on the full disclosure to each other of all relevant information. The settlement process can be initiated voluntarily or facilitated by the parties' lawyers or a neutral third party, such as a mediator.
o If a settlement is reached, the agreement encompassing the terms of the settlement is submitted to the court at an informal hearing. The judge will ask both parties a few basic factual questions and whether they understand and freely entered into the agreement.
o If the judge approves the agreement, he or she issues a divorce decree that includes the terms to which the parties agreed. If he or she does not approve it, or if there has been no agreement, the case will go to trial.
o At trial, the attorneys present the evidence and arguments for both sides, and the judge decides the unresolved issues, including child custody and visitation, child and spousal support, and property division, and grants the divorce.
o Either or both parties can appeal the judge's decision to a higher court.

The entire process can take from as little as a few months to as long as several years. The main determinant of how smoothly the process will go is the level of cooperation between the parties and their willingness to compromise.

What kinds of assets are divided in a divorce?

The parties in a divorce can agree to the division of, or the judge will divide, all marital or community property owned by the parties. Generally speaking, this includes most of the property the couple acquired during the marriage, including the marital home; a second or vacation home; home furnishings and appliances; artwork; vehicles, including cars, boats, airplanes, snowmobiles, and motorcycles; money; stocks, bonds, and other investments; pensions; and privately owned businesses.

The value of other, more intangible property is also often divided. Examples of divisible intangible property include the value of a patent on an invention, the value of the celebrity status of a spouse's name, the goodwill value of a business owned by one spouse, and the value of a professional degree earned by one spouse. The value of these intangible assets will generally only be divided when both spouses made a substantial contribution to that value, either directly or indirectly, such as by supporting the spouse to whom the asset is more directly attributable.

It is not always easy for a spouse to identify all of the assets that may be available for valuation and division, especially if the other spouse is less than forthcoming with the details. This is where the parties' lawyers can help. Through the legal process known as discovery, the parties' attorneys exchange documents that reveal each party's income, assets, and liabilities. Documents such as tax returns, personal financial statements, bank account statements, brokerage house records, real estate records, loan applications, and business records usually give a clear indication of each party's financial situation. In addition, each spouse is usually deposed by the other spouse's attorney. At the deposition, the questioned spouse will respond, under oath, to questions designed to gather all necessary information about his or her assets and income.

If necessary, additional parties may be deposed, such as employers, bankers, or business partners. If these additional witnesses do not come forth willingly, their presence can be compelled through the issuance of a subpoena, which is an official legal document that commands their participation.



What happens to the property that each spouse owned before the marriage?

In most states, whether they follow a community-property or equitable-distribution scheme, the property that each spouse owned before the marriage, as well as property given to or inherited by one spouse during the marriage, usually remains that spouse's separate property. It may, however, be considered as part of the total circumstances in determining a fair allocation of the marital property.

In addition, if non-marital property is not kept separate from marital property, it may lose its separate characterization and become subject to division.

Example: If one spouse had a bank account containing $5,000 before the marriage, but during the marriage the spouses both made deposits and withdrawals from the same account, the amount in the account at the time of divorce or separation will probably be deemed marital property, to be divided between the husband and wife. If, on the other hand, the spouse with the $5,000 account deposits only other non-marital money, such as inheritances to him or her alone, in the account throughout the marriage, all the money in the account will probably remain with that spouse upon divorce.

A house owned by one spouse prior to marriage presents unique issues, because often both spouses contribute to the home's maintenance and mortgage payments during their marriage. In some states, this commingling of marital and non-marital assets converts the home to marital property. Perhaps the fairer resolution, however, applied in other states, is that the amount of equity in the home at the time of marriage remains the original owner-spouse's property, but the increase in equity value during the marriage is marital property that belongs to both spouses. The same principles apply in cases involving increases in the value of a family business owned by one spouse before marriage.

What terms should be included in a separation agreement?

Although a legal agreement is not required when a couple decides to separate, working out certain details can preserve harmony, protect rights, and promote predictability. A separation agreement may be most advisable when the parties have very different financial situations, such as when one spouse is the wage-earner and the other is raising the couple's children. A formal separation agreement can help ensure that all family members' needs will be met.

An attorney can make sure that a separation agreement covers all necessary details and complies with applicable law. Although it may seem like a good idea to save money by having one lawyer draft or review the agreement, it is really in each party's best interests to be separately represented, so that each lawyer can draft or review the separation agreement with his or her client's needs in mind. The terms of such agreements will vary, depending on the needs of the particular parties involved, but the following items should be addressed:
o The spouses' right to live separately;
o Custody of the children;
o A visitation schedule, or a provision for reasonable visitation;
o Child support;
o Alimony or spousal support;
o The children's expenses, including medical, dental, educational, and recreational;
o Property and debt division;
o Insurance, including medical, dental, and life; and
o Income taxes.

A separation agreement does not need to be filed with the court, but can be presented to the court if a dispute arises. As with pre-and post-marital agreements, a separation agreement may be unenforceable if either party failed to make a full disclosure or coerced the other to enter into it. If and when the parties officially file for divorce, the separation agreement's terms may be incorporated into a settlement agreement, but the parties will have an opportunity to change the terms if necessary.



Learn More: Family Law

The laws relating to families have changed dramatically since the 1970s as judges and legislators have reexamined and redefined the legal issues involved in divorces, child custody disputes, child support, domestic violence, and other family law matters. Family law has become entangled in national debates over family structure, gender bias, and morality. Few legal areas are as emotionally charged as family law, primarily for the litigants, but also for the lawyers and judges involved in the cases and even the public at large. Despite the changes already made by courts and legislatures, family law remains a contentious and ever-changing area of law, which will continue to evolve as families and society evolve.

Divorce, or dissolution of marriage as some states call it, is no longer fault-based and has become easier to obtain. Whereas not too long ago one spouse had to accuse the other of some grave misdeed, such as adultery, cruelty, alcoholism, or drug addiction, divorce is now available on the basis of incompatibility, irreconcilable differences, or an irretrievable breakdown of the marriage relationship. The division of marital property has also changed in recent years, so that now each spouse is given a more equitable share of the property upon divorce. One change that demonstrates this phenomenon is the recognition of the homemaker spouse's contributions to the accumulation of marital property. For example, whereas once the husband who developed and grew his own business while his "nonworking" wife stayed home would walk away from the marriage with all of the business assets, courts now award a significant portion of the business assets to the wife, who enabled that business growth by taking care of the home and children, and by entertaining business clients and associates. On the other hand, homemaker spouses are not considered as dependent as they once were, and as a result alimony, if awarded at all, is now often temporary, with the thought that after a period of "rehabilitation" these spouses can become self-sufficient.

Issues like child custody, too, have evolved in the courts as cultural and societal attitudes have changed. Mothers may have been favored in many custody disputes of the past, but now fathers are given much more consideration than in the past. Custody battles, while always difficult and emotional, have become even more complicated as reproductive technology has increased the ways in which people can become parents. Family law lawyers and judges are faced with new, difficult, and sensitive questions such as who gets custody of fertilized embryos when a couple that was involved in infertility/assisted-reproduction treatments separates. Surrogate parenting, too, presents heart-wrenching custody issues when the surrogate fails to abide by the surrogacy contract or wants visitation with the child. Equally difficult issues can arise when sperm or egg donors make some claim to their genetic offspring. These issues involve questions relating not only to custody laws, but also to those involving adoption, children's rights, and paternity. And as technology advances, the law will be presented with an even greater challenge to keep pace.

Another major change in family law in recent years is the recognition that many family disputes can be resolved more expediently and in a less acrimonious manner than through the traditional litigation process. In divorce and child custody cases in particular, the adversarial process has increased tensions between the parties that do not abate even when the process is complete. As a result, many states have begun to explore other, non-adversarial alternatives, such as mandatory mediation, which can save time and money and preserve relationships to the extent possible.

Edward J. Chandler can provide valuable counsel and objective representation in what can be emotionally charged situations. His experience includes several family law issues.
Alimony and spousal support are legal terms for income provided by one spouse or former spouse to the other during a separation or after divorce. Although once traditionally awarded primarily to wives for an indefinite period, alimony awards are now awarded to either spouse if he or she needs financial assistance and the other is able to provide it, and they tend to be temporary, for a period of rehabilitation that enables the recipient spouse to become self-supporting.

Child support is generally ordered by the court in situations in which a child lives with one but not both parents. The non-custodial parent, or the parent with whom the child does not live, is responsible for contributing a certain portion of his or her income, based on state child support guidelines, to help support the child, even if the custodial parent has income of his or her own.

Children's rights cover a broad spectrum, which includes not only the rights afforded to all U.S. citizens, but also those rights that are theirs due to their status as children, such as the right to food, clothing, shelter, medical care, and education. Children are not, however, guaranteed all of the constitutional protections that are provided to adults.

Custody and visitation issues can arise when parents are divorced or separated, when the parents have never been married, or when some type of reproductive technology, such as surrogate motherhood or sperm and egg donation cases, complicates the issues even further. Courts generally apply a "best interests of the child" standard when determining to whom custody should be awarded.

Divorce is the legal process by which a marriage is terminated. In a divorce proceeding, the parties' marriage is legally ended and the related issues, such as spousal and child support, child custody and visitation, and property and debt division, are resolved, either by the parties' voluntary agreement, through the assistance of a mediator, or after a court trial.

Domestic violence and neglect include physical, mental, and sexual abuse of children, mates, elderly persons, or other vulnerable adults in the perpetrator's household. Abuse and neglect have long-term consequences, but there are legal mechanisms through which victims or interested third parties can seek protection.

Juvenile law relates not only to juvenile delinquency proceedings, in which the juvenile is charged with an offense that would be a crime if committed by an adult, but also to juveniles charged with status offenses, abused and neglected children, and children in need of social services.

Paternity refers to a legal action to establish that a man is the father of a child. A paternity action may be brought in order to impose a child support obligation, establish a right to inheritance, secure consent for the child's adoption, or gain or prohibit custody or visitation rights.

Prenuptial agreements are contracts entered into by a couple in contemplation of marriage. They usually address property issues that may arise in the event of divorce or death, and are often used as vehicles to provide for greater awards of property to children from previous marriages, or when one spouse brings substantially greater assets to the marriage. They are only enforceable under certain circumstances.

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask the attorney to send you free written information about their qualifications and experience.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.


GENERAL

The official term for divorce in Florida is "dissolution of marriage." Florida is one of the many states that has abolished fault as a ground for divorce. This law lessens the potential harm to the husband and wife and their children caused by the process of divorce. All that is required is that the marriage be "irretrievably broken." Either spouse can file for the dissolution of marriage. All that has to be proved is that a marriage exists, one party has been a Florida resident for six months, and the marriage is broken. (There is another, little-used ground: incompetency of one's spouse). Fault, however, may be considered under certain circumstances in the award of alimony and determination of custody issues.

Each divorce case is unique and therefore settlements vary. Even though fault is not an issue, the division of property and possessions and responsibility for support may become contested matters. The divorce process is highly emotional and traumatic for everyone it touches. Marriage partners often do not know their legal rights and obligations. Court clerks and judges can answer some of your basic questions but are prohibited from giving legal advice. Only your lawyer is allowed to do that. Court procedures must be strictly followed or you may lose certain rights forever. It is recommended that you obtain the services of an attorney concerning legal questions, your rights in a divorce, your children's rights, your property rights, your responsibilities resulting from the marriage or tax consequences. A knowledgeable lawyer can analyze your unique situation, and can help you to make decisions in the best interest of you and your family.

To obtain a dissolution of marriage in Florida, at least one spouse must have been a Florida resident for six months or more before the case is filed. There are two ways of getting a divorce, or dissolution, in Florida. The usual way is called a "Regular Dissolution of Marriage." The second method is the "Simplified Dissolution of Marriage."

REGULAR DISSOLUTION OF MARRIAGE

The regular dissolution process begins with a petition for dissolution of marriage, filed with the circuit court by the husband or wife, which states that the marriage is irretrievably broken and sets out what the person wants from the court. The other partner must file an Answer within 20 days maximum, addressing the matters within the initial petition and raising issues the answering party desires. Court rules governing divorces require that each party provide certain financial documents and a completed financial affidavit to the other party within 45 days of the service of the petition or before any temporary relief hearing. The extent of the information to be provided depends on the annual income and expenses of each party. Failure to provide this information can result in the court dismissing the case or not considering that party's requests. The parties or the court can modify these requirements except for the filing of a financial affidavit, which is mandatory in all cases.

Some couples agree on property settlements, child custody, and other post-divorce arrangements before or soon after the original petition is filed. They then enter into a written agreement signed by both parties that is presented to the court. In such an uncontested case, a divorce can become final in a matter of a few weeks.

Other couples disagree on some issues, work out their differences, and appear for a final hearing with a suggested settlement which is accepted by the judge.

Mediation is a procedure to assist you and your spouse in working out an arrangement for reaching agreement without a protracted process or a trial. Its purpose is not to save a marriage, but to help divorcing couples reach a solution to their problems and arrive at agreeable terms for handling their dissolution. Many counties have mediation services available; some are mandatory.

Finally, some couples cannot agree on much of anything and a trial-with each side presenting its case-is required. The judge makes the final decision on contested issues.

The equitable dissolution process is designed to make the divorce as fair as possible to both husband and wife, which usually means negotiation-and compromise-by both partners.

Attorneys have learned it is unrealistic to expect both partners to be "happy" with their divorce. The experience can be emotionally devastating. The financial upheaval of supporting two households instead of one causes hardship for the entire family. The parties, however, can take steps to make the process easier for themselves and their children.

SIMPLIFIED DISSOLUTION OF MARRIAGE
Certain Florida couples are eligible to dissolve their marriage by way of a simplified procedure. These dissolutions are "do-it-yourself" and were designed so the services of an attorney may not be necessary. Couples are responsible, however, for filing all necessary documents correctly, and the couple is required to appear before a judge together when the final dissolution is granted. If you desire the services of an attorney for this dissolution process, usually it can be completed relatively inexpensively.

The simplified dissolution of marriage process is designed for couples who do not have dependent children and have agreed on a division of their property and debts. Therefore, not everyone can qualify. A husband and wife can use the simplified dissolution of marriage only if: (a) they both agree to the use of this form of dissolution proceeding; (b) they have no minor (under 18) or dependent children; (c) have no adopted children under the age of 18; (d) the wife is not pregnant; (e) at least one of the parties has lived in Florida for the past six months; (f) the parties have agreed on the division of all of their property (assets) and obligations (debts); and (g) both parties agree that the marriage is irretrievably broken and want to end their marriage because of serious permanent differences. Couples wanting to use the simplified process must meet all these conditions. If not, they must use the regular dissolution of marriage process.

There are substantial differences between a simplified and a regular dissolution of marriage. In a regular dissolution, each spouse has the right to examine and cross-examine the other as a witness, and to obtain documents concerning the other's income, expenses, assets and liabilities before having a trial or settlement of the case. With a simplified dissolution, financial information may be requested but it is not required to be given. In a simplified dissolution there is no trial and no appeal. Also, with a simplified dissolution neither the husband nor the wife can receive support (alimony) from the other. If the husband and wife agree on a dissolution, and prefer to use the simplified form of dissolution, then they should both contact the clerk of the circuit court in their area and obtain a copy of the booklet titled "Simplified Dissolution Information" for more detailed information and forms.

DOMESTIC VIOLENCE
You may go to court yourself for an injunction to protect yourself against assault, battery or sexual battery by your spouse (whether you are separated or not) or your former spouse. If you feel you are the victim of such domestic violence, you should contact the office of the clerk of the circuit court in your county for information and assistance.

PROPERTY DIVISION
One of the most difficult and complex areas of divorce is the division of marital property. Marital property may include cars, houses, retirement benefits (pensions), business interests, cash, stocks, bonds, bank accounts, personal property and other things of value.

Florida statutes and case law provides for an "equitable distribution" of marital property. In essence, the marital property should be divided fairly or equitably (not necessarily equally) between the parties regardless of how the title is held. The division is based upon all facts of the case and the contribution of both spouses to the marriage.

The division of marital property (any asset acquired during the marriage by the efforts of one or both parties) is considered in conjunction with all other awards of alimony and interests in property. There is no fixed way to determine how you or the court should divide the property. Liabilities (debts) as well as assets must be considered. Other factors include the nature and extent of the property and whether it is marital property or non-marital property; the duration of the marriage; and the economic circumstances of each spouse. If you and your spouse can agree, and if your agreement is reasonable, it will be approved by the court. If you cannot agree, the court will divide the property after a trial.

ALIMONY
The court may grant alimony to either the husband or the wife. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Permanent alimony continues until the receiving spouse's remarriage or the death of either party. The court may grant some combination of the two. Also the court may order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property. Although adultery does not bar an award of alimony, the court may consider the circumstances of that adultery in determining the amount of alimony to be awarded. In awarding alimony, the court considers all relevant economic factors, such as: the parties' prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse's financial resources and income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife.

You have the right to find out about all your spouse's income and assets through the use of discovery procedures which your attorney will explain to you.

SHARED PARENTAL RESPONSIBILITY FOR CHILDREN
Custody and Visitation
It is the public policy of Florida to ensure each minor child has frequent and continuing contact with both parents after the parents have separated or divorced, and to encourage parents to share the rights and responsibilities of child rearing. The father is given the same consideration as the mother in determining custody regardless of their child's age, sex, or other factors.

In most cases, parental responsibility for a minor child will be shared by both parents so that each retains full parental rights and responsibilities with respect to their child. This requires both parents to confer so that major decisions affecting the welfare of the child will be determined jointly.

You and your spouse may agree, or the court may order, that one parent have the ultimate responsibility over specific aspects of the child's welfare, such as education, religion, removal from the area, and medical and dental needs. If the parents have a substantial conflict over any of these areas the court will decide for them. The court can order varying types of shared parenting arrangements depending on the evidence presented. The court may designate one parent's home as the primary residence and afford the other parent frequent and continuing contact, or, the court may order rotating custody where the time spent with each parent is equal.

In rare cases, the court can order total parental responsibility and custody to one parent. To do so, the court must determine that shared parental responsibility would be detrimental to the child. The court may award to the child's grandparents certain visitation rights if it is deemed by the court to be in the child's best interest. Thereafter, the grandparents have the right to seek judicial enforcement of the visitation rights. The court may award grandparents visitation rights after the parents divorce, when it is in the best interest of the grandchild or when one or both parents of the child are deceased; or, when a parent of the child has deserted the child.

In considering issues between parents and their children, the best interest of the child is the primary consideration by the courts.

The Florida Bar has developed a consumer pamphlet entitled "Shared Parenting After Divorce," which discusses the subject. For instructions on ordering, see the back cover of this pamphlet.

SUPPORT
You and your spouse each have a responsibility to support your children in accordance with their needs and your financial abilities. Support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or medical and dental expenses. Ordinarily, the obligation to support your child ends when that child reaches 18, marries, or becomes financially independent.

Some of the issues concerning child support which must be considered include: (a) the amount of support; (b) the method of payment; (c) ways to assure payments are made; (d) when child support may be increased or decreased; and (e) who claims the dependency deduction for tax purposes. Other questions may need to be answered, depending on the circumstances of your case. Guidelines for support which apply to all cases generally are based on the income of the parents and the number of children with adjustments for substantial overnight contact. Florida law requires both parties to attend a parenting course prior to entering a final divorce. Consult your county clerk's office for information on courses offered.

If you have a problem getting support payments from your spouse or former spouse, or visitation and access to your child is denied, you should bring this matter to the attention of the court. It is not proper to withhold visitation or child support payments because of any alleged wrongdoing by your spouse or former spouse.

Edward J. Chandler, Esq.
708 East Atlantic Blvd.,
Pompano Beach, Fl 33060
Phone: (954)788-1355
Fax: (954)788-1357