Should I Handle My Divorce on My Own?

April 16, 2019

How Long Does it Take?

According the American Psychological Association, the current divorce rate in the US is between 40% and 50%. The divorce rate among those who remarry is even higher.  This article isn’t about divorce rates or other related statistics.  What this article addresses are the unfortunate, costly, and entirely avoidable mistakes people make when attempting to proceed with a divorce without an attorney.  If there are marital assets or there are children involved, the divorce process is far more complicated than most people realize.  The advantages of having counsel to help guide you through the process can not be overstated.



Given the access to online resources of information related to Florida family law matters, some people decide to proceed without an attorney.  The decision to proceed without an attorney is made for numerous reasons.  The main reason for not retaining counsel is financial.  Many people don’t believe they can afford an attorney.  Unfortunately, not everyone knows they may qualify for a payment plan.


While we’re not suggesting that anyone remain in a marriage where physical or mental abuse takes place, or a marriage in which any other circumstances exists that puts them at risk, proceeding without an attorney is never advisable.  With few exceptions, going through a divorce takes an emotional and mental toll.  If minor children are involved, the emotional and mental toll increases exponentially.  No one makes rational decisions when emotional.  Even attorneys are advised against representing themselves.  They’re emotionally attached to the matter.  This emotional attachment clouds the judgment of an attorney just as much as it would someone in a different career.  The saying, “an attorney who represents himself has a fool for a client,” is well known in the law profession.


Going through a divorce when children are involved is often an emotionally painful process.  One that can often be fraught with power struggles, receiving less than kind messages, and never seems to end soon enough.  We often see mistakes made when the parenting plan is completed by a divorcing couple proceeding without an attorney.  The mistakes predominantly come about when children are involved.  The problem is that these mistakes are not only avoidable, it costs more to go back and seek to correct them than it would have if the mistake had never been made in the first place.  For example, a parenting plan is comprehensive.  Completing the plan involves details including but not limited to: each parent’s right to make decisions concerning education, medical care, obligation to maintain health insurance, visitation schedule, and the amount of child support.  Whether a deviation from the child support guidelines will be made or not is addressed.  Even understanding how the child support guidelines work can be confusing.  Parties seeking a divorce will be ordered to undergo a mediation before they appear before a Judge.  The mediator will work with the parties to reach an agreement concerning all matters.  If the parties can reach an agreement, the parties will sign the dissolution of marriage documents.  These documents will then be presented to the assigned Judge.   If the divorcing couple is lucky, everything they anticipate happening after their divorce is finalized will occur.  If the divorcing couple is anything like the vast majority of couples, what they anticipate happening and what actually occurs are quite different.  This difference simply creates more conflict.  This conflict creates problems for each partner and it’s a undue burden on the children.  These conflicts and mistakes can be avoided.  Seeking the advice and counsel of an attorney with experience in family matters is an investment in both your own well – being and is in the best interest of your children.  The fewer the problems after a divorce, the better it is for any minor children; resulting in honoring the best interests of any minor children.


Please call our office today for a free consultation.  We can be reached at 727-312-3748 or through visiting www.bettercallbrendan.com  We’re conveniently located on Main Street in downtown New Port Richey.  Our address is: 5435 Main Street, New Port Richey, FL 34652.

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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.