Tuesday, February 9, 2010
Visit Our Main Web Site If You Are Looking for a Family Law Attorney
If you are looking for a Family Law Attorney or Divorce Lawyer to assist you in Tampa, Hillsborough County, Clearwater, St. Petersburg, Pinellas County or Pasco County with your divorce, child custody, child support or alimony case, call us on (813) 254-5455 or visit our website: www.CavedaLaw.com
Friday, January 1, 2010
Wednesday, December 30, 2009
Thursday, December 17, 2009
CASE MANAGEMENT CONFERENCES IN TAMPA, HILLSBOROUGH COUNTY DIVORCES
In a typical Tampa, Hillsborough County Divorce, when a Petition for Dissolution of Marriage is filed with the Court, the Court automatically orders a Case Management Conference to be set at some date in the future. Typically, this is about three months after the filing of the Petition for Dissolution of Marriage. At that time, the parties must appear before the Judge assigned to the case who will question them on the status of the case. Required to attend the Case Management Conference are both parties and their respective attorneys, if they have them.
Going before a Judge can be understandably stressful for a person getting divorced, especially if the Judge is going to be questioning them. However, the purpose of the Case Management Conference is to move the case along by having the Judge make sure that what is needed to get done gets done. In the typical case, that would be the completion of discovery and the scheduling of mediation. Both of which are necessary to move the case towards trial. In any event, at the Case Management Conference each party merely needs to be ready to tell the Judge what the status of their case is and how it is progressing.
Going before a Judge can be understandably stressful for a person getting divorced, especially if the Judge is going to be questioning them. However, the purpose of the Case Management Conference is to move the case along by having the Judge make sure that what is needed to get done gets done. In the typical case, that would be the completion of discovery and the scheduling of mediation. Both of which are necessary to move the case towards trial. In any event, at the Case Management Conference each party merely needs to be ready to tell the Judge what the status of their case is and how it is progressing.
Saturday, July 11, 2009
Husband freed after serving 14 years for contempt
Husband freed after serving 14 years for contempt for failure to turn over property to Wife in PA divorce: Click Here.
Friday, June 19, 2009
Not: Your Dad's Divorce: The New Rules of Child Custody
This Newsweek article and video discusses how changes in child-support laws, and a push by fathers for equal time-sharing (formerly referred to in Florida as child custody and visitation) , are transforming the way this generation of ex-spouses raise their children.
Saturday, May 30, 2009
Florida Family Law Forms
The Florida State Courts system, headed by the Supreme Court of Florida, publishes on its web site, family law forms intended to assist persons who wish to represent themselves (pro se) in family law matters throughout the state of Florida.
These are forms the Florida Supreme Court has approved for the general public to have access to and to use in court filings. However, these forms will not provide you with the legal advice and counseling a lawyer can provide.
Here is a link to the page where you can download the forms.
If you have a question about the content of any particular form you can contact the Self-Help Center closest to you. Here is a link to locate you closest Self-Help center:
The Self-Help Center information for Hillsborough County contact info:
HILLSBOROUGH COUNTY
Clerk of the Circuit Court
Hillsborough County Legal Information Center
Edgecomb Courthouse
Room 203
800 E. Twiggs Street
Tampa, Florida 33602
(813) 864-2280 (recording)
www.fljud13.org/legal_infoctr.htm
These are forms the Florida Supreme Court has approved for the general public to have access to and to use in court filings. However, these forms will not provide you with the legal advice and counseling a lawyer can provide.
Here is a link to the page where you can download the forms.
If you have a question about the content of any particular form you can contact the Self-Help Center closest to you. Here is a link to locate you closest Self-Help center:
The Self-Help Center information for Hillsborough County contact info:
HILLSBOROUGH COUNTY
Clerk of the Circuit Court
Hillsborough County Legal Information Center
Edgecomb Courthouse
Room 203
800 E. Twiggs Street
Tampa, Florida 33602
(813) 864-2280 (recording)
www.fljud13.org/legal_infoctr.htm
Friday, May 29, 2009
Failure To Pay Child Support Can Be A Federal Crime
On May 27, 2009, a federal jury in Tampa found a Pasco County man guilty of willfully refusing to pay child support. Since 2000, the man had failed to make a single voluntary payment and had a child support arrearage of over $110,000. The man faces up to two years in federal prison.
This prosecution was based on The Child Support Recovery Act of 1992 (CSRA), which makes it a Federal crime to willfully fail to pay support for a child living in another state if the arrearages exceed $5,000 or if the arrearages are unpaid for longer than one year.
Typically, the U. S. Attorney's office will be very selective about what cases they prosecute. The tend to favor the prosecution of cases with the following circumstances present: (1) where there is a pattern of moving from state to state to avoid payment; (2) where there is a pattern of fraud or such as the use of a false name or Social Security number, (3) where there is failure to make support payments after being held in contempt of court; and (4) where failure to make support payments is connected to some other Federal offense such as bankruptcy fraud.
Typically, the U. S. Attorney's office will be very selective about what cases they prosecute. The tend to favor the prosecution of cases with the following circumstances present: (1) where there is a pattern of moving from state to state to avoid payment; (2) where there is a pattern of fraud or such as the use of a false name or Social Security number, (3) where there is failure to make support payments after being held in contempt of court; and (4) where failure to make support payments is connected to some other Federal offense such as bankruptcy fraud.
Thursday, May 28, 2009
Can I File For Divorce in Florida?
Florida Statutes Section 61.021 reads as follows: "Residence requirements.--To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition."
What this means is that in order to file for divorce in Hillsborough, Pinellas, Pasco or any county in Florida, you or your spouse must have been a Florida resident for at least six months before the date of filing of the petition for dissolution of marriage. Notice that your OR your spouse must be a Florida resident, not you AND your spouse.
If you are a Florida resident, but you are away from Florida due to your service in the Armed Forces, then you can still probably qualify to file for divorce in Florida.
Typically, your Florida residency is proven to the court by providing your Florida Driver License to the Judge, assuming it has an issue date of at least six months prior to the date of filing.
Alternatively, your residency can be proven by filing a Certificate of Corroborating Witness, which is a sworn and notarized written statement signed by someone who personally knows you and who has personal knowledge of the fact that you have bee a Florida resident for at least the six month period prior to the date of filing.
After the date of filing, you may permanently relocate outside of Florida and establish residency in another state or country and this fact will not affect the court's ability to decide your divorce case.
Note: if you have minor children you should not relocate more than 50 miles away from their current residence without the written consent of the other parent or a court order.
What this means is that in order to file for divorce in Hillsborough, Pinellas, Pasco or any county in Florida, you or your spouse must have been a Florida resident for at least six months before the date of filing of the petition for dissolution of marriage. Notice that your OR your spouse must be a Florida resident, not you AND your spouse.
If you are a Florida resident, but you are away from Florida due to your service in the Armed Forces, then you can still probably qualify to file for divorce in Florida.
Typically, your Florida residency is proven to the court by providing your Florida Driver License to the Judge, assuming it has an issue date of at least six months prior to the date of filing.
Alternatively, your residency can be proven by filing a Certificate of Corroborating Witness, which is a sworn and notarized written statement signed by someone who personally knows you and who has personal knowledge of the fact that you have bee a Florida resident for at least the six month period prior to the date of filing.
After the date of filing, you may permanently relocate outside of Florida and establish residency in another state or country and this fact will not affect the court's ability to decide your divorce case.
Note: if you have minor children you should not relocate more than 50 miles away from their current residence without the written consent of the other parent or a court order.
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