Patterson and Maloney - Frequently Asked Questions

Frequently Asked Questions

PLEASE NOTE: THE following information is intended to be helpful, but is not intended to constitute legal advice or address every possible scenario/issue. It should further be noted that every case should be analyzed based upon the specific circumstances involved.

What are the important issues to be considered in a dissolution of marriage proceeding?

The foremost issue to be considered is the children, if any, and their wellbeing. The issues of child support and extra benefits are generally determined according to established guidelines set forth in the Florida Statutes. There should be a total financial analysis of the parties to determine the amount of child support.

The length of the marriage is of utmost importance because it affects the consideration of all elements of support, whether on a temporary or permanent basis. This is further affected by the contributions of either or both parties during the period that the marriage exists. Again, the amount of any support will require a detailed analysis of the financial situation of the parties and their ability to be self-supporting or to contribute to support.

What happens to the property?

Generally, one of the first determinations by a Court is what constitutes marital assets and liabilities; therefore, these issues should be addressed by the parties' attorneys. Simply stated, marital assets and liabilities are those assets and liabilities incurred during the marriage from a source connected with the marriage. There are many factors to be considered in determining what is, and what is not, the marital estate.

How long does a proceeding for dissolution of marriage take?

If the parties are committed to settling their differences, the process is significantly accelerated. If an agreement is reached, the Court, within a short period of time, may ratify the same and grant a dissolution of marriage. Sometimes it is difficult for the parties to resolve many issues, which gives rise to the dissolution of marriage action. If the timesharing of the children, financial issues, and support issues are complicated, and emotions are out of control, the process can be significantly extended.

What should I do or know before instituting a dissolution of marriage proceeding?

A party should consult competent counsel for a conference. At the conference, all of the issues will be discussed in more detail so the client is informed of what to expect throughout the proceedings.

What is a Paternity Action?

Paternity is an entirely different proceeding than a dissolution of marriage. The issues involved in a paternity action consist of a determination of timesharing with and support of the child. An early determination or acknowledgment of paternity generally fosters the chance of continued acceptance of responsibility for the minor child.

A person alleged to be the father of a child should immediately consult with competent counsel. If there is a failure to take certain steps, the alleged father may be significantly restricted in his rights.

If a mother is requesting a determination of paternity, she should contact competent counsel immediately. Responsibility will need to be determined for medical expenses, timesharing, and support of the child.

What is a domestic violence action?

Domestic violence occurs by one family or household member against another family or household member. The definition of “family or household member” is broad in scope. Although there are exceptions to this definition, generally it pertains to those individuals who are related by blood or marriage; individuals who are residing or have resided together as if they are a family; or individuals who have a child in common. If you are a victim of domestic violence, you should immediately notify your local police department and contact competent counsel to assist you throughout the legal proceedings.

What is mediation?

The goal of mediation is to settle all or some of the issues of the lawsuit. At mediation, each party has the opportunity to inform the mediator of his/her side of the story. The mediator’s job is to bring the parties to an agreement of all or some of the issues pending in the lawsuit. If the parties agree to settle any of the issues of their case at mediation, the agreement of the parties will be reduced to writing, and the parties will sign the agreement. If the parties agree to settle all the issues of their case at mediation, the signed written agreement will be submitted to the Court for approval and an uncontested final hearing date can be scheduled. If the parties are only able to settle some of the issues at mediation, the signed written agreement will be submitted to the Court for approval, and the remaining unsettled issues will be presented to the Court during a final hearing/trial. All discussions during the mediation process are confidential; therefore, if parties submit any of the unsettled issues to the Court, neither party may bring up the discussions which they had with the other party or with the mediator during the mediation.

What is the difference between a prenuptial agreement and postnuptial agreement?

While all individuals contemplate a long and lasting marriage, to end only on the death of one of them, they also recognize the possibility of the termination of their marriage during their lifetime.

When individuals enter into either a prenuptial agreement or postnuptial agreement, they generally desire to determine their rights and obligations toward each other in the event that either party wishes to bring an action to dissolve their marriage.

A prenuptial agreement is a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved.

A postnuptial agreement is an agreement which a husband and wife reach after marriage and memorialize in writing.

If you are contemplating either a prenuptial agreement or postnuptial agreement, you should contact competent counsel to set up a conference wherein all aspects of the agreement can be discussed.

What is a modification action?

After the entry of a final judgment resulting from a dissolution of marriage or paternity action, the circumstances of one of the parties may change so that he/she is unable to fulfill the requirements of the final judgment. If this situation occurs, a modification action can be filed.

The modification action is brought in the form of a Petition, which must be served upon the other party. The party seeking to modify any provision of the final judgment must demonstrate a substantial change in circumstances which was unforeseen at the time the final judgment was entered. Generally, a Petition for Modification seeks to change the terms of the final judgment as it relates to time sharing of the child, child support, or alimony. If you are contemplating whether or not you should file a Petition for Modification, or if you have been served with a Petition for Modification, you should contact competent counsel to set up a conference to discuss the legal process.

Please contact our office at 954-522-1700 to schedule a consultation.

PATTERSON & MALONEY
600 South Andrews Avenue
Suite 600
Fort Lauderdale, Florida 33301
Telephone Number: 954.522.1700
Facsimile Number: 954.728.8858
hmaloney@bellsouth.net

We offer reasonable fees and a willingness to work with you regarding fee arrangements. MasterCard, VISA and Discover credit cards accepted.