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Frequently Asked Questions about Dissolution
of Marriage
What
is your fee?
The Marks Law
Firm, P.A. utilizes what we call a Positive Trust Balance where
the Client deposits an amount of funds appropriate for the individual
case and then will receive an invoice each month for the expense
incurred that previous month. The client is expected to maintain
a minimum amount held in trust through the duration of the case
which can adjust based on the status of the case. This amount is
discussed with the attorney during the initial consultation. We do
not require a non-refundable retainer as we always encourage a
Positive
Trust Balance.
What
is a Pro Se person?
Pro Se is a person representing his/her own interest in a legal
action without the assistance of legal counsel.
What
is a Dissolution of Marriage?
It is a term used by the Florida Court system for a "divorce".
What
is a Petitioner?
A Petitioner is the person who filed for the Dissolution of Marriage
and may be a husband or a wife.
What
is a Respondent?
Is the person who is responding to a petition and is the petitioner's
spouse, ex-spouse, or parent.
Who
is the Clerk of Court?
The Clerk of Court is an officer of the court who assists with the
filing process and helps the court to maintain the files during the
process.
What
is an Affidavit?
An affidavit is a statement of fact sworn under oath to be true
and notarized.
How
do I set up a consultation (in person or telephonically)?
Call (407) 872-3161 and one of The Marks Law Firm, P.A. professional
assistants will schedule a time that is convenient for you to visit
with one of our attorneys.
Can I speak to and/or email an attorney before they are
hired for advice?
All appointments, telephonically or in person, are made through
the professional assistants or paralegals.
What should I be doing to prepare myself if
served or is serving divorce papers?
- Gather documentation on your assets and liabilities. Make sure you
have copies of financial statements (savings, checking, investments,
etc.) and copies of important documents, such as payroll records,
and insurance.
- Determine your monthly expenses (household, children, automobile,
etc.)
- Gather evidence of any issues that are significant to your
divorce, such as domestic violence, child related issues, and other
related documents.
Is a trial necessary?
In 90% of cases
when The Marks Law Firm, P.A. is involved, a settlement is reached
without a trial. Settlement can be achieved when the parties act
collaboratively. This includes:
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1.
MANDATORY DISCLOSURE - We
will need for you to provide to us standard documents that are
required to be produced to the opposing party/attorney and we
will file a compliance with mandatory disclosure. In a divorce
proceeding, it is not unusual for opposing attorney to seek
additional documents (request to produce) which asks for account
records, credit card statements, and related documents. If
the request for additional documents is reasonable and the documents
are normally subject to discovery, we will work with you to
produce the documents in a timely manner. If the request is
not reasonable and/or are not entitled to review the documents,
we will file an appropriate objection.
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2.
FINANCIAL AFFIDAVIT - You will complete a Financial
Affidavit. However, if your financial circumstances change
for any reason during the divorce proceeding, an Amended Financial
Affidavit will be filed on your behalf.
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3.
PARENTING CLASS - The State of Florida requires both
parties to attend a parenting class prior to the completion
of your dissolution if the marriage has children. You will also
be required to complete a parenting class for any modification
or paternity case. This is an informative class providing guidelines
and tools to help you and your spouse get through this process
as well as promote healthy relationships going forward. Upon
completion of this class, you will be given a "Completion
Certificate." We will need the original certificate so
that we may file with the court. You do not have to attend with
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4.
CONTACT SCHEDULE - For any case where parenting issues
are involved. We will provide you with the parenting plan
template to provide us a reference of your goals. A parenting
plan sets out the decision making roles, contact, and specific
parenting issues. This will be used to assist the parties
in their negotiation of parenting issues.
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5.
SETTLEMENT CONFERENCE - Should your case fail
at mediation, settlement conferences between the parties and
their attorneys will often occur during the course of your case
and if an agreement is reached resolving all issues in the case,
a marital settlement agreement may be drafted, signed by the
parties, filed with the Court, and a final hearing is scheduled.
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