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  • FasTrain--Divorce In Florida , Fifth Edition
 
 
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FasTrain--Divorce In Florida , Fifth Edition

Do you do “a few” divorce cases now and then? Does your pro bono ...


Availability: In Stock
Publisher :Florida Bar Continuing Legal Education
Format: 1 volume, softbound with CD-ROM , BOOK
ISBN: 9781422441183
2008
  $70.00
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    Do you do “a few” divorce cases now and then? Does your pro bono or legal aid work involve dissolution cases? Would you like to expand your practice to include this area? If so, this quick-training guide is for you. Divorce in Florida guides the attorney through the steps of divorce proceedings from initial client interview, through mandatory disclosure and discovery, settlement negotiations, final hearing and judgment, and file closing. The text discusses relevant Florida Statutes, Family Law Rules of Procedure, and case law. Practice pointers alert the attorney to various procedural pitfalls and ethical issues. The manual includes the forms for all proceedings discussed.

    The Hon. John Lenderman and Gladys Gerson served as the Steering Committee for this fourth edition.

    Visit our Florida Bar Continuing Legal Education Publications website for a complete list of The Bar's titles.
    FL Bar
    04-28-04
    22793 12

    I. BEFORE FILING: PRELIMINARY CONSIDERATIONS

    A. Make Client Contact

    B. Conduct Client Interview

    1. Obtain Background Information
    2. Introduce Attorney And Staff
    3. Provide Overview Of Law And Process
    4. Determine Status Of Marriage
    a. Actions Taken By Client Or Spouse
    b. Alternatives To Dissolution
    5. Determine Client’s Viewpoint
    6. Discuss Attorneys’ Fees
    a. Initial Interview
    b. Fee Agreement
    7. Have Client Complete Questionnaire
    8. Assemble Documents And Information

    C. Limited Appearance By Attorney

    II. INITIAL PROCEDURES

    A. Prepare Pleadings
    1. In General
    2. Determine Type Of Pleading Required
    a. Petition
    b. Response
    c. Counterpetition
    3. Prepare Allegations
    a. Residence/Jurisdiction
    b. Existence Of Valid Marriage
    c. Children Of Marriage
    d. Grounds
    e. Existence Of Agreement
    f. Equitable Distribution
    g. Alimony/Spousal Support
    h. Parental Responsibility
    i. Child Support
    j. Exclusive Use And Possession Of Marital Home
    k. Restoration Of Name
    l. Attorneys’ Fees
    m. Request For Relief

    B. Prepare Additional Forms
    1. Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA) Affidavit
    2. Child Support Guidelines Worksheet
    3. Affidavit Of Corroborating Witness
    4. Application For Determination Of Indigency
    5. Notice Of Social Security Number
    6. Financial Affidavit
    7. Certificate Of Compliance With Mandatory Disclosure
    8. Marital Settlement Agreement
    9. Notice Of Related Cases

    C. Pay Filing Fees
    1. In General
    2. Indigent Persons

    D. Obtain Service Of Process
    1. In General
    2. Personal Service
    a. In Florida
    b. Outside Florida
    3. Constructive Service
    4. Additional Service

    E. Prepare Responsive Pleadings
    1. In General
    2. Default

    F. Obtain Temporary Relief
    1. In General
    2. Prepare Pleadings
    3. Comply With Mandatory Disclosure Requirements
    4. Prepare Additional Forms
    5. Attend Hearing And Obtain Order

    G. Petition For Injunction For Protection

    III. CONDUCT DISCOVERY

    A. Comply With Mandatory Disclosure Requirements
    1. In General
    2. Meet Time Requirements
    3. Assemble Required Documents And Information
    a. In General
    b. Items To Be Produced
    4. File Certificate Of Compliance
    5. Comply With Duty To Supplement
    6. Avoid Sanctions

    B. Make Additional Discovery
    1. In General
    2. Propound Interrogatories
    3. Request Production Of Documents
    4. Conduct Depositions
    5. Request Examination Of Persons
    a. Parties
    b. Minor Children
    6. Conduct Social Investigation
    7. Avoid Sanctions

    C. Conditional Sealing Of Financial Information

    IV. PURSUE SETTLEMENT

    A. Consider Advantages And Methods

    B. Conduct Negotiations
    1. In General
    2. Mediation
    a. In General
    b. Referral
    c. Mediation Sessions
    d. Agreement

    C. Prepare Settlement Agreement

    D. Obtain Referral To General Magistrate

    V. FINAL HEARING

    A. Set Hearing

    B. Present Case
    1. Elements Of Proof
    2. Uncontested Case
    3. Contested Case

    C. Obtain Entry Of Final Judgment
    1. In General
    2. Effect
    3. Contents
    a. Uncontested Case
    b. Contested Case
    4. Preparation

    VI. COMPLETE POSTJUDGMENT REQUIREMENTS

    A. Record Judgment

    B. Obtain Service

    C. Attorneys’ Fees

    VII. FORMS

    A. Client Questionnaire

    B. Fee Agreement

    C. Limited Appearance
    1. Notice Of Limited Appearance
    2. Consent To Limited Appearance
    3. Termination Of Limited Appearance
    4. Acknowledgment Of Assistance By Attorney
    5. Signature Block For Attorney Making Limited Appearance

    D. Petition For Dissolution Of Marriage

    E. Civil Cover Sheet

    F. Answer/Counterpetition For Dissolution Of Marriage

    G. Answer To Counterpetition

    H. Affidavit Of Corroborating Witness

    I. Application For Determination Of Indigency

    J. Notice Of Current Address

    K. Family Law Financial Affidavits
    1. Short Form
    2. Standard Form

    L. Child Support
    1. Child Support Guidelines Worksheet
    2. Motion To Deviate From Child Support Guidelines
    3. Income Deduction Order
    4. Notice To Payor

    M. Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA) Affidavit

    N. Notice Of Social Security Number

    O. Certificate Of Compliance With Mandatory Disclosure

    P. Notice Of Related Cases

    Q. Summons: Personal Service On An Individual

    R. Nonmilitary Affidavit

    S. Constructive Service
    1. Affidavit Of Diligent Search And Inquiry
    2. Notice Of Action For Dissolution Of Marriage

    T. Certificate Of Service

    U. Temporary Support
    1. Motion For Temporary Support
    2. Temporary Order Of Support

    V. Default
    1. Motion For Default
    2. Default
    3. Motion To Set Aside Default Or Default Judgment

    W. Domestic Violence
    1. Petition For Injunction For Protection Against Domestic Violence
    2. Temporary Injunction For Protection Against Domestic Violence
    a. With Minor Children
    b. Without Minor Children
    3. Final Judgment Of Injunction For Protection Against Domestic Violence (After Notice)
    a. With Minor Children
    b. Without Minor Children
    4. Petitioner’s Request For Confidential Filing Of Address

    X. Interrogatories
    1. Notice Of Service Of Standard Family Law Interrogatories
    2. Standard Family Law Interrogatories For Original Or Enforcement Proceedings

    Y. Production Of Documents
    1. Notice Of Production From Nonparty
    2. Subpoena For Production Of Documents From Nonparty

    Z. General Magistrate
    1. Motion For Referral To General Magistrate
    2. Order Of Referral To General Magistrate
    3. Notice Of Hearing Before General Magistrate

    AA. Marital Settlement Agreement

    BB. Notice For Trial

    CC. Order For Trial

    DD. Notice Of Hearing

    EE. Final Judgment Of Dissolution Of Marriage
    1. Uncontested
    2. Contested

    FF. Final Disposition Form

     

     

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