WHERE YOUR CHILDREN and family COME FIRST

​PEDLOW LAW

FAMILY / MARITAL LAW

Divorce is scary.  That's the plain and simple truth.  No one gets married with the intention of divorcing.  It's particularly difficult when there are children involved.  As a former teacher I've seen the impact divorce and timesharing schedules have on children.  To the Court, and to me, it is all about what is in the best interest of the children.   I will help you and your family get through this.


Here's a breakdown of the process:

  • ​You/your spouse file a Petition for Dissolution of Marriage (divorce)
  • You/your spouse must be personally served.
  • Once the other party is served, they have 20 days to file an "answer".  This does not mean writing a letter to the court saying "I don't want a divorce", or "I want this done now, I get the kids, and he/she gets nothing".  An "answer" means that person must respond to the Petition by admitting, or denying the various claims in the Petition.  They may then also want to file a "Counter-Petition" which adds the claims that they would like to make.
  • Once the answer is filed, certain required financial documents, called mandatory disclosures, must be exchanged.  You have to get these as long as you reasonably are able to.  With today's technology, most of these are available to obtain online. 
  • The next step is to attend mediation.  You are required to attend mediation.  The purpose of mediation is to allow you and your spouse to see if, through the guidance of a mediator, you can come to an agreement.  If you do,  you will have saved time and money.  More importantly, you will have had control over the outcome.  If an agreement is not reached, the case will likely go to trial where a judge, who does not know you, your spouse, or your children, will make determinations that will effect you for the remainder of your life and until your children are no longer minors.
  • Trials are "non-jury" trials.  This means the sole determiner of the outcome is the Judge.  You and your spouse will have the opportunity to submit evidence, examine and cross-examine your spouse and any and all witness, and make a final statement to the Judge as to what it is you believe the final outcome should be and why.  If you have an attorney, they will be the ones acting on your behalf.  Trials take anywhere from one to several days.  Trials are expensive, so plan accordingly.  Where possible, trials should be avoided.  Trials often result in irreparable harm to the party's future ability to co-parent or communicate due to the adversarial nature of trials.

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​ISSUES to be Determined:  PEACE


P - Parenting - in Florida, we do not have "custody". We have parental responsibility and time-sharing. This will mean determining whether the Parties will share decision making regarding the children and what schedule the children will follow for timesharing with each parent.  These are done through a Parenting Plan.  The more detailed the parenting plan, the better.


Parental Responsibility is the determination as to which parent, or both, shall have the authority for all major decisions that affect the children. Major decisions include, but are not limited to, decisions about the children's education, non-emergency healthcare, and religious training.  More often than not, this authority is shared, but in some cases, it is in the best interest of the children to have one or the other parent make all or some of those decisions. 

Time Sharing is the time that each child spends with the other parent (meaning over-night).  The Courts want what is best for the child, and in general, that means as much time as possible with each parent.  Timesharing will be set up in a Parenting Plan.  This Parenting Plan will outline which parent will exercise timesharing and when, communication, transportation, school determination, medical costs, extracurricular activities, and holiday (among other issues).  The Parenting Plan, once in place, cannot be changed (accept by agreement) unless there has been a substantial change of circumstance that wasn't anticipated at the time the Final Judgment or Agreement was entered into.  Child support amounts will be directly tied to the amount of timesharing each party exercises and the incomes of each parent.

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E - Equitable Distribution - ANYTHING (asset or liability) acquired during the marriage is deemed marital, no matter whose name it is in.  There are exceptions for things like gifts or inheritances from others, but there are strict rules regarding whether these are considered non-marital or not.  This is really a matter of it's not yours, or mine, it's "ours".  Marital assets and liabilities will be distributed so that you and your spouse receive approximately the same amount of assets/liabilities. 


A - Alimony (spousal support)  once equitable distribution has been determined, then the court looks to the Parties' respective incomes.  Equitable distribution often results in one party or the other receiving additional income from pensions or investment accounts, so that's why they wait to determine Equitable Distribution before Alimony.  The court looks at one Party's need versus the other Party's ability to pay, as well as the standard of living maintained during the marriage.  The length and type of alimony you  may be eligible for is determined by statute 61.08. 


C - Child Support - 


Child support will be determined by statute 61.30.  It is determined based on the Parties' incomes as well as the number of "overnights" each Party has with the minor child(ren).  Parents cannot "waive" child support.


E - Everything Else


Any other issues that relate to the Parties are considered at this point.


Misconceptions:

1.   My spouse will pay my legal fees since he/she started this.  WRONG.  There is no "obligation" for your spouse to pay for your legal fees.  The court may consider awarding attorney's fees on a case by case basis and dependent upon the need and ability to pay of the party tasked with paying attorney's fees.​

​2.    My spouse has been working and I've stayed home to raise our family.  He says his money is HIS/HERS.  WRONG - anything acquired during the marriage, whether it's an asset or a debt, and no matter whose name it is in, is MARITAL. This includes his/her income.