Divorce – Not What It’s Cracked Up To Be

Divorce Lawyer Boca Raton

DIVORCE IS NOT WHAT IT’S CRACKED UP TO BE. It’s hardly ever “simple.” While most people that endure such a difficult time in their lives don’t necessarily expect the process to be quick, many people underestimate what is necessary for it to conclude sooner than later. The major purpose of this article is to assist others in reaching a greater understanding of the divorce process in Florida and to share some wisdom of what you may do to save money and time if you are going through a divorce or a post-divorce issue.  Divorce Lawyer Boca Raton

First and foremost, there are NO guarantees. I highlight that on every contract. You can have the facts, case law and a great attorney on your side and still obtain a negative ruling. Secondly, neither you or your attorney can accurately predict what and when the other side will do EVEN when the law requires an action to be done by a certain time. Once a petition for divorce (Dissolution) is filed, the other side has 20 days to answer. If you are seeking alimony, you must specifically request it in a pleading. If you cannot settle your issues, you must go to Mediation. Discovery (production and review of documents that is exchanged between the parties along with taking sworn testimony of witnesses) can be lengthy depending on the complexity and amount of the issues. I have one case where the other side has made over 18 requests for documents from my client in a matter that is not complex! I typically estimate that the time to get to trial in most matters is between 6 and 12 months. Where both parties are cooperative, the time and money spent is much less than otherwise. Divorce Attorney Boca Raton

What can you do to reduce your costs? The easiest solution is to settle early. The dilemma often is while most litigants want a quick finish, the gap between the husband and wife is simply too great on the heels of the inception of the divorce proceeding to be bridged rapidly. If you cannot reach a quick agreement on some or all issues, your next best step to save money, time and heartache is to brace yourself for the litigation process and BE PATIENT with the process. The more patient you are, the more you will allow your attorney to focus on the next steps and not bill you for the time that may have been spent addressing your frustration. However, do not be afraid to ask questions and seek understanding from your attorney. You will also benefit from being completely honest and open with your attorney about your differences with your spouse as well as any mistakes you made that may be relevant to the proceeding.

If you have read the book “The Road Less Travelled,” you know it begins with something like this: “Life is difficult. Once you accept that premise, life becomes much easier.” Divorce is like life. Divorce is difficult. Once you accept that premise, divorce becomes much less difficult. Be agile during your divorce and you will encounter fewer negative surprises. Focus on solutions with your lawyer, even if the solution is trial. Don’t waffle. Obtain the information you feel you need, make your best settlement offer and prepare yourself for trial if your best settlement offer is rejected.
Review the attorney’s bills and hold him or her accountable for the service they promised you. Don’t wait for your attorney to get back with you. I always tell my clients that if we have a 1:00 conference call and I have not called them by 1:01 to call me. Don’t make assumptions, ask questions. Divorce Law Boca Raton.

One very important question is the likelihood of recovering your fees from the other side. Many people do not know that there is a provision in the law that permits a party on a much lower financial status to be awarded reasonable attorney fees and costs from their spouse, ex-spouse or the other parent (when paternity is at issue and there is no marriage). Lastly, if you find yourself lacking confidence and/or trust in your attorney, move on. Find another attorney.

If you are going through divorce or a post-judgment matter, I hope this helps. Stay as strong as possible and focus on what is ahead of you. I promise you there are new chapters ahead and every day you are a day closer to beginning your first new chapter.

SCOTT J. BROOK, P.A.
1401 N. University Drive
Suite 500
Coral Springs, FL 33071
tel: 954-757-5551
fax: 954-757-1770
www.ScotJBrookPA.com
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