Divorce & Family Law Overview

Divorce

The first thing most clients want to know is how long the divorce process will take. This depends on the complexity of the issues involved and the willingness or unwillingness of one or both of the parties to enter into a marital settlement agreement. In order to settle, both parties must be willing to compromise in certain areas. Neither will be able to obtain the exact results they want.

"Fees and costs will vary largely, depending on the time required to obtain a final judgment."

In Broward County at this time, the court will order all parties to a divorce or other family dispute to attend family mediation before they can obtain a date for trial before the family court judge. Family mediation is an informal, non-adversarial process where the parties attempt to resolve all outstanding or contested issues in their case. The Mediator is certified or court approved, properly trained professional who is a neutral third party, usually an attorney. Parties can also attempt to settle their disputes by having their attorneys negotiate without a mediator. However, the great majority of cases will require a professional third party Mediator in order to obtain a settlement agreement.

The marital settlement agreement is a formal written contract and is legally binding on both parties (husband and wife). It sets forth the respective rights and obligations of the parties with respect to distribution of marital assets, allocation of marital debt, alimony, child custody and support, parental responsibility and time-sharing or visitation. It is signed by all parties and then filed with the court and incorporated into the final judgment of dissolution of marriage. Mediated settlement agreements are also used in other type of family law proceedings such as paternity cases and modifications of final judgments or other orders.

After final judgment is entered, the court retains jurisdiction or authority over the parties and the case in order to enforce the terms of the final judgment and/or agreement or modify them. To obtain court enforcement or modification of an agreement and final judgment, a party must file a separate "post-dissolution" action with the court. Enforcement and modification can also be obtained in paternity, child support, alimony, child custody and other family cases. Again, a separate or supplemental action must be initiated in the court requesting the new relief or court action.

"In order to settle, both parties must be willing to compromise in certain areas."

Cost

The other great area of concern for all divorce and family law clients is the cost of the legal process. Fees and costs will vary largely, depending on the time required to obtain a final judgment. In cases where the parties are willing and able to cooperate to achieve a settlement of the issues, the attorneys' fees and costs of litigation would be more affordable. If the parties are far apart and contentious for whatever reasons, the case must go to trial. In that case the costs can escalate quite rapidly.

Every family law case is different. Since each case is as unique as the persons and families involved, attorneys cannot predict with absolute certainty the total cost, especially where there are several contested issues. Ms. Barrera will openly and frankly discuss with you all the alternatives and projected costs you may face in your legal proceeding.