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How Long Will My Family Law Case Take?

Many prospective clients come to our firm wondering “How long will my family law case take?” Unfortunately, the truth is that every case is different and it is hard to gauge how quickly a case will progress.

Oftentimes parties might collaborate and agree on many terms of the divorce, timesharing or parenting issues before consulting with a Boca Raton family law attorney or filing a petition with the court. However, after speaking with an attorney, they might realize that very important questions still remain about issues that they might not have been considered. Those outstanding questions could lengthen the time that it takes for a case to resolve, even if the parties are in general agreement from the outset. It is also one of the important reasons to consult with a Boca Raton divorce attorney before signing any marital settlement or timesharing agreements with the other party. You could fail to consider an important aspect of your divorce or family law matter simply because you want the process to go faster.

How Long Will It Take?

In cases where the parties have not agreed or where the proceedings are contentious, the cases might take months, or even years, to finish. Issues surrounding financial matters, children and timesharing, alimony, child support, or relocation might need to be investigated or litigated. Discovery may need to be conducted and experts might need to be retained to facilitate the case. Usually, it takes time to find an appropriate support cast, get them up to speed on your case, and the parties may need to utilize the appropriate Florida Family Law rules of Procedure to make sure the case is handled appropriately. Litigation oftentimes takes time, getting court dates on short notice can be difficult, and certain procedures may need to be followed before trial dates are offered by the court.

Many jurisdictions schedule case management conferences with the presiding judges to help ensure that cases remain on track. This allows the judges or hearing officers to monitor the progression of cases to make sure they do not become stale or remain on the docket without forward progress for an extended period of time. Our attorney has experience with case management conferences and, should you retain our services, attend those conferences as part of handling the matter for our clients.

The Law Office of Matthew D. Martin has experience with family law matters. We understand that the emotions involved with divorce and matrimonial law are strong and sometimes we want to get everything finalized as fast as possible. You also might want the case to move quickly so that you can start a new relationship with someone else, relocate with your children to a new area, or you are simply looking to start a new chapter in your life. Whatever the reason, sometimes speed is not the best manner to handle a divorce or child custody case and we are here to make sure that your case is handled in the most efficient manner possible.

Our firm offers free consultations and we are available to help determine what issues exist in your case and how to handle your case. Contact us now to setup a free consultation with a Boca Raton family law attorney. 888-984-6487

Can I Relocate with my Minor Child? – Florida Statute, §61.13001

There are many good reasons people move – a new job, a fresh start – but many people forget to consider their children and their best interest when planning to move. Florida Statute §61.13001 sets out the procedure that parents must follow in order to relocate a certain distance away from the other parent. This statute was amended in 2009 with the changes making the relocation process more complex. If you are considering, or your child’s other parent or guardian is considering moving, call Boca Raton Family law attorney Matthew D. Martin as soon as possible to discuss your case and protect your rights.

Florida Statute §61.13001 applies to “changes in residence”, meaning a move more than 50 miles away that is to last 60 consecutive days or more. The statute is specific in this regard and the days must be consecutive, meaning short trips or even longer vacations do not require special attention from the court. Timesharing parents may agree a move is in the best interest of their child or children, and each can express their consent in a written relocation agreement. This is usually the easiest way to settle the new arrangement, and Matthew D. Martin, Esquire can help you negotiate with the other parent and reduce your agreement to writing. Doing so ensures the relocation complies with Florida Statutes and ensures the agreement accurately represents your wishes.

However, if an agreement cannot be reached, the question becomes can I relocate with my minor child? The parent wishing to relocate must file a petition to relocate and have it served on the other with several important details. Once you serve the relocation notice or are served, the clock starts ticking until a hearing in front of the court. If you are served with the petition and are not planning on moving, you may have a very limited time to respond. The timing is critical so you must work fast to draft a response. Failing to file a response can seriously affect your parental rights if you are unprepared and we strongly recommend consulting an attorney early on in the relocation process. Relocation attorney Matthew D. Martin can help parties who wish to move by helping you file the petition and can also help with parents who object to a parent who wishes to relocate.

What Happens if I Violate Florida Statute, §61.13001

Please be aware that there are consequences if the procedure set out by the statute are not followed. First, there are temporary procedures where the court may grant a temporary order either restraining or permitting the relocation. The temporary hearing is held within 30 days of the motion, and the final trial will be within 90 days. If during that time you fail to respond or object to the relocation, the move may be permitted and the court can order a new time-sharing schedule without a hearing. If you are the one moving, and you move without first seeking permission of the court, you may be ordered to return your child to your original residence and also may be found in contempt or have your custody rights restricted. With all these timing considerations, it is important that you give very serious consideration to retaining an attorney regarding your family law relocation petition. Matthew D. Martin can help.

Florida family law is complex and petitions to relocate under Florida Statute §61.13001 have to be pled with specificity. It has to include details like the date you intend to move, your proposed alternative to timesharing, and many other important considerations regarding changing the timesharing between parents. Our firm knows how complicated the petition and process is and we can help you with your case. Contact us now at (888) 984-6487 for a free case consultation regarding your particular circumstances and how we can help you navigate Florida Statute §61.13001.

Helping Decipher Child Support

Our Firm is here to assist parents with understanding what to expect during a child support dispute. We help our clients with child support and timesharing and strive to reach a result that is fair to both you and your children.

Florida Statute Section 61.30 provides the guidelines for determining the amount of support is need to adequately care for a minor child’s well being. Using the Statute, the courts consider, on a case-by-case basis, things like the needs of your child or children, their ages, the amount of time they spend with either parent and the ability of each parent to financially contribute. Thus, both parents are responsible for the care and support of their children, and both may be entitled to credit for the time they spend with their children if they timeshare more than a certain amount of overnights. It is a complicated statute, but in the end a mathematical formula will help guide the court in determining the amount of your responsibility.

There are many details of the Florida law that may serve as a pitfall for the inexperienced. This is why you need the help of a Boca Raton family law attorney to help decipher child support. For example, you probably know your finances include your month-to-month salary, but may not know that benefits you receive from disability, unemployment, workers’ compensation and social security may also be considered as income. On the other hand, you may also owe less support depending on your tax situation, other child support obligations, or money spent on work-related child care. Further, in many situations the court may award retroactive payments. When the time comes to translate all of this into a dollar amount, our Boca Raton family law attorney Matthew D. Martin is here to ensure that you and your child’s best interests are served.

Child support obligations may be adjusted or modified to reflect things like landing a higher paying job or having additional children. Matthew D. Martin, Esquire can help you with all aspects of your case. He can also assist with modifying an existing child support or timesharing order, depending on your particular circumstances. Whatever stage in a child support proceeding you are in, our law office is here to zealously advocate for you and get you to a resolution as quickly as possible. Contact us for a free consultation at (888) 984-6487. You don’t have to face it alone.

Boca Raton Lawyer Helping Protect Parental Rights

Developing a meaningful relationship with your children is a basic tenant of life. Facing a divorce or child custody fight can be emotionally draining because you may worry that you will not have adequate time with your child. Proving paternity can open doors for both mothers and fathers and often lead to child custody, time sharing, and support issues. We can help you understand where all parties stand and protect your rights.

Our Boca Raton Lawyer strives to help our clients find a positive resolution to their family law cases. Although every client’s situation is different, many parents are concerned about finances and how to protect their relationships with their children. We are dedicated to understanding your family’s needs and addressing any concern you may have. Let us help you get back to living your life and enjoying your time with your children.

Mediation and time sharing agreements oftentimes result in the best result from a bad situation. While we strive to resolve cases as amicably as possible, we take our client’s rights very seriously. If the other party is not reasonable, we can zealously represent our clients in the courtroom and are ready to fight for you.

Our firm offers aggressive family law representation for all of our clients. We are passionate about the needs of each individual family and approach each case by attempting to resolve issues rather than creating them. Our firm is here to help our clients and offer free consultations for our family law clients. Contact us or call 888-984-6487 for a confidential consultation about your case.

Why Hire a Family Law Attorney

Giving consideration to when you need a Tampa family law attorney is important when considering a divorce. Call the Law Offices of Matthew D. Martin for a free Family Law consultation about your specific case. (888) 984-6487