Preparing to Meet Your Family Law Attorney: What Documents to Bring?

June 5, 2019

How Long Does it Take?

Beginning any meeting prepared contributes to you feeling more relaxed, having a better understanding of what’s taking place, and ensuring a productive use of both your time and that of your attorney.  Below you will find a list of documents.   The more you’ll able to bring with you to any first meeting, the more information your attorney will have to proceed.


If you’re going through divorce, feeling relaxed or having a solid understanding of that’s taking place are not common experiences.  Fortunately, attorney Brendan Riley with Stewart & Riley, has experience in the handling of family law matters.  As such, he can work as your guide in helping to navigate the divorce process in Florida.  The benefit to having an attorney assist in your divorce cannot be understated.  Please reconsider making the same mistake too people make in believing they can handle their divorce on their own; especially if children are involved.


If you’re considering proceeding with your divorce, actually referred to dissolution of marriage, in Florida on your own, meaning Pro Se, please reconsider.  We encourage you to reconsider representing yourself whether you select our firm or not.  Yes, we understand the interest in doing so may indeed be bolstered by what you may recover through searching online.  We understand Florida Family law forms are available on the internet (what isn’t?).


While we encourage reviewing information available on websites where such documents are available, we do not encourage completing the documents on your own and proceeding unrepresented.  Please know the forms and the instructions contain the bare minimum amount of information.  Relying on the bare minimum amount of information when proceeding through something as serious as a divorce is unwise.


A good comparison to proceeding with a divorce unrepresented could be made in considering an event leaving your car in need of extensive repair.   There was likely an owner’s manual in the glovebox when you bought the car.  If something seriously went wrong with your car, meaning more than a flat tire, would you simply consult the owner’s manual to complete the repair?  Probably not; and for good reason.  The reasons for retaining counsel for your divorce are even more important, but people make such avoidable mistakes all the time.   In the example referring to your vehicle, more likely than not, you’d hire a mechanic.


It’s worth bringing your attention to the purpose the form for obtaining a divorce were made available to public.  The forms are intended to provide those who lack any financial means whatsoever; lacking the resources whereby an agreement could be reached concerning payment to pay attorney fees, even in the event of agreement concerning installment payments, some means of resolution concerning a family law matter.


In order to speak with Brendan Riley and obtain a free consultation, we encourage you to contact Brendan Riley’s office through the links provided in this article, visiting www.bettercallbrendan.com through another device, or calling 727-312-3748.


When an initial consultation is scheduled, you will have an opportunity to discuss your case and circumstances


There is information available online concerning obtaining a divorce in Florida without an attorney.  The forms are intended to provide those who lack any financial means whatsoever; lacking the resources whereby an agreement could be reached concerning payment of their attorney fees in installments.  Such an arrangement is not for everyone, but the only way to know for sure is to contact Brendan Riley’s office through the links provided in this article, visiting www.bettercallbrendan.com through another device, or calling 727-312-3748.  When an initial consultation is scheduled, you will have an opportunity to discuss your case and circumstances.


To help prepare for your first, meeting, please review the list of documents below.  Please know it is entirely fine if you don’t have any number of the documents listed.  We’re simply trying to provide you with some direction in terms of making the process of your divorce go as smoothly and quickly as possible.  You can print this article and check the boxes if you prefer.  Note - if it does not apply to your situation, write in N/A:


____ Individual income tax returns for past three to five years (federal, state, and local)


____ Business income tax returns for past three to five years (federal, state, and local)


____ Proof of your current income


____ Proof or spouse’s current income


____ Prenuptial agreement, if already drafted


____ Divorce decrees from previous marriages


____ Bank statements


____ Certificates of deposit


____ Pension statements


____ Retirement account statements


____ Trusts


____ Stock portfolios


____ Stock options


____ Mortgages


____ Property tax statements


____ Credit card statements


____ Loan documents


____ Utility bills


____ Other bills (e.g., school tuition, unreimbursed medical bills, etc.)


____ Monthly budget worksheet


____ Completed financial statements


____ Employment contracts


____ Benefits statements


____ Life insurance policies


____ Health insurance policies


____ Homeowner’s insurance policies


____ Automobile insurance policies


____ Personal property appraisals


____ Real property appraisals


____ List of personal property, including home furnishings, jewelry, artwork, computers, home office equipment, clothing and furs, etc.


____ List of property owned by each spouse prior to marriage


____ List of contents of safety deposit boxes


____ Wills


____ Living Wills


____ Powers of Attorney


____ Durable Powers of Attorney


____ Advance Health Care Directive

Recent Posts

November 25, 2019
Attorney Brendan R. Riley won a victory for a commercial client this week, when the Circuit Appellate Court reversed a decision of the County Court, and sent an eviction and final judgment back to the lower court for retrial. The opinion can be found here. The Case When an auto mechanic approached Mr. Riley for help with an eviction, it seemed like a doubtful case. There was both a residential and a commercial lease involved, and time was running out to file an answer on the case. Mr. Riley reviewed the documents, and his firm spotted a possible weakness in the plaintiff's case. Residential leases and commercial leases are governed by two separate sections of Chapter 83 of the Florida State Statutes, and although they are similar, the sections differ in one critical section. The residential section, 83.60(2), requires deposit of rent into the court registry before the hearing to determine rent. The commercial section, 83.232(1), does not. The plaintiff requested relief based upon applying the residential chapter and section to both leases; and the lower court agreed. A Writ of Possession was issued on both properties. The Appeal Mr. Riley appealed the case based on this improper application of the statute. In an appeal, the district court of appeal (or any court sitting in an appellate capacity) can only review the court record, and the lower court judge's written order. In civil proceedings (unlike criminal where there is always at least an audible recording that can later be transcribed) transcripts are only made if the parties hire their own court reporter, so there was no transcript for the appellate court to review in this case. The appellate court agreed with Mr. Riley's position that the lower court judge should not have accepted the plaintiff's argument applying section 83.60(2) to both the commercial and residential leases. The appellate court also agreed that because no order had been made determining the amount of rent due, when the Appellant had moved for a hearing, that this needed to be done as well. The appellate court determined this was a harmful error. A harmful error is one which resulted in a miscarriage of justice and must be reversed. To correct this error, the default and final judgment for the commercial property, and the order issuing the Writ of Possession on the commercial property, were reversed, and that portion of the case remanded to the lower court for rehearing. The appellate court considered the same facts for the residential property, and found the error to be harmless. This is an error which, although a misapplication of law, does not rise to the same level of harm to the defendant. Since the correct section of the Statutes were applied to the residential property, the appellate court did not feel there had been harmful error, and the judgment and Writ were allowed to stand. The Outcome Most cases never go to appeal. To determine if a case rises to the level of harmful error, an appellate court must presume the lower court's rulings are correct, and the burden is on the Appellant (the one who brings the appeal) to show how the ruling was incorrect and why it should be reversed. It does not take a big law firm with fancy degrees and prestigious names to win appeals. Persistence, careful review, and knowledge of the law are what is needed to determine if an appeal is needed, and if it is, how it should be done. Stewart & Riley has the persistence, the knowledge, and the review and research skills to take an appeal all the way. If you may have a commercial or residential landlord tenant matter in which you need legal assistance or an appeal of some kind (provided you come to us timely so that a notice of appeal can be timely filed), do not hesitate to contact us a 727-312-3748 or BRR@BetterCallBrendan.com.
October 25, 2019
There is a much smaller segment of Family Law, and one often overlooked until it’s desperately needed by the people involved; and then it might be too late to educate yourself. You just have to find an attorney and hope he or she (or their firm) is the right one for the job. But a little knowledge, in this case, can be a good thing, not a dangerous thing. This quick outline is not meant to give more than a little bit of knowledge, but it will be followed later by more detailed information. Guardianships, sometimes called adjudication, are intended to remove the freedom of choice from an individual who is not able to safely decide for himself or herself, and give it to someone (the “guardian”) who is deemed to be able to decide for them. A guardianship is not a power of attorney, which simply gives another person the right to make legal decisions for someone who is unable to make certain legal decisions for a specific period of time. A guardianship removes all decision-making ability from someone, usually permanently, and only after it has been determined that person cannot care for themselves. Guardianships are generally given in courts because of a person’s mental instability or physical disability; or if a child has no parents, but an adult wishes to be legally responsible for him or her. Dependency is the unfortunate situation that arises when a child must be removed from the parents and placed in the care of the state. The reasons for this are varied and never good; and the outcomes are rarely happy for anyone involved, including the courts. Legal action becomes an issue when for whatever reason the child must be removed from both parents and there are no close relatives with whom the child can immediately be placed. More issues can develop when relatives and parents begin haranguing the court and Child Protective Services (DFS, DCFS, etc.) demanding action. Dependency is a delicate, complex process, akin to juggling ferrets while riding a unicycle downhill through flaming razor blades, and needs a deft touch to negotiate. Special needs and all that it entails (IEPs, accommodations) may not be immediately thought of as Family Law, but it should be. Schools use parents’ ignorance of the law to ignore, deny, or disregard IDEA and 504 regulations, when they should not; and disability lawyers are often swamped with post-accident claims, veteran’s claims, and all the other slings and arrows man is heir to. Special needs and special education law is a unique niche that rests between family law and education law, and should be tucked away in any parent’s mind before a child begins having trouble in school. Hopefully, no family will ever have troubles that require thinking of these family law nooks and crannies. But by having them in mind ahead of time, the wise family will not be caught off guard if an issue arises requiring a specialized law firm with specialized knowledge to navigate these mysterious waters.
October 24, 2019
Sometimes, parenting plans have to be designed for problems that seem impossible. Maybe one parent gets a job 500 miles away. Maybe one parent is incarcerated or abusive. Maybe things have changed in the household and now the former parenting plan just won’t work out. Even the most intractable of problems can be resolved by various parenting plan/timesharing templates already devised by the Florida courts. These can be refined by the parties, but the outlines already exist. All that remains is for the parties and their attorneys to determine what issues exist, and what format best serves the needs of the children and the living arrangements of the parents. Long-Distance Timesharing. Florida courts have a strong preference for 50/50 timesharing or something close whenever possible; but if one party lives more than 50 miles away (or outside a reasonable commute), or outside the state, then a long-distance plan is the only option. In a long-distance plan, the child or children will live during the school year with one parent, and then spend summers, and generally winter holidays, with the other parent. FaceTime, Skype, and phone calls are required. Supervised or Restricted Timesharing. In cases where there are allegations of abuse, criminal behaviour, or other issues which would negatively impact the child, one party may request supervised timesharing. Supervised timesharing may be carried out at a supervisory facility, or under the monitoring of an approved individual. Restricted timesharing may involve visitation being done at specific locations, or under certain conditions (such as only during the day, or not at the parent’s home). Courts generally want a specific result from supervised or restricted timesharing, and will not order it unless there are clear and convincing grounds for such restrictions. Rehabilitative Timesharing. Also called therapeutic or restorative timesharing, this type of visitation is ordered when a parent has become estranged from a child or has been absent from the child’s life for some reason, such as incarceration, illness, or foster placement. The court will order the estranged parent to be reunited with the child under conditions similar to supervised visitation, but usually with a therapist or counsellor to facilitate reunification. The goal of all of these types of modified timesharing is to bring and keep the child or children in contact with the parent in the least restrictive environment possible, while keeping all parties as safe and secure as reasonably feasible. As much as possible, the final goal is for the child to be able to live with both parents equally, without interference from the courts, and without oversight from any agency. The goal of an interested attorney in these proceedings is to smooth the path of the parent client and to keep their interaction with the court and the other party to a minimum, and to minimize the friction that seems to result when parents collide in court. Parents should consider hiring a competent pilot to steer their ship through the waters of court and avoid any icebergs in advance.