Florida Family Law & Practice

Description

Efficient, Effective Settlements and Trials

Judge Renee Goldenberg, a master of systems organization and management, has written a procedural toolbook to address the challenges now facing Florida family lawyers.  Her 1,200-page book takes you step-by-step through:

• Screening cases
• Investigation
• Emergencies
• Discovery
• Temporary relief
• Property issues
• Alimony
• Child support
• Attorneys’ fees
• Settlement
• Trial
• Enforcement

Loaded with Tips and Techniques

As a Circuit Judge in Broward County’s Family Division, Renee Goldenberg deals with over 4,000 dissolutions a year.  That experience, coming after 12 years as a family lawyer, means she has lots of helpful advice for practitioners.  Here are 18 tips from just a few of the book’s 21 chapters:

Protecting Yourself

• “Family lawyers seem to receive a disproportionate number of the grievances filed. Volunteer to be a member of a grievance committee.  You will learn more than in any seminar and be better prepared to protect yourself and practice with professionalism.”  §2:417

Screening

• “You may be surprised at the consequences of a frank discussion with a prospective client you rank low. In addition to agreeing to pay anything you ask, the prospective client may agree to do anything and everything you advise to have you represent him or her. This happens more than you may imagine. Some people seem to place a great value on what they cannot have.”  §3:73
• “Ask the client to think a moment and come up with the top five things the client must have, and why. This assists in focusing the client on interests, rather than positions. Write down the client’s answer, and the client’s demeanor and tone of voice while he or she is responding. You now have two lists: what the client wants (the wish list) and what the client must have (the bottom line).”  §3:117
• “Repeat the exercise, concentrating on the spouse’s perspective. This also provides an opportunity to minimize hostilities and potential conflict. Focus on the principles in common on both lists; what both parties agree to, for example, the importance of the children and their well-being. Remain silent, and wait for a response. Focus on simple compromises to create a win-win, how both can get what they want.”  §3:117

Proceedings

• “There is a procedure that has good success in neutralizing the bomber lawyer. Shortly after learning the lawyer’s identity….”  §4:64
• “Family court judges expect that family lawyers know the detrimental consequences to the family by proceeding to such an evidentiary hearing and that it will be a last resort. The better practice is to….”  §5:32

Preparation

• “The family court judge will have the factors in front of him and her and it is easier to follow the flow of the testimony and evidence if it follows the statutes. When questioning the parents or any other witnesses, ask the questions in that order. When entering exhibits into evidence, enter them in that order.”  §9:223
• “If the allegations are going to be terrible, anticipate this possible outcome, and bring a grandparent or relative, not as a witness, but someone who is willing and able to take the children temporarily. Have the person wait outside and if the court reflects that this may be the direction the court is being forced to take, offer that person for an open court interview for temporary placement rather than a D.C.F. shelter.”  §9:249
• “Care givers, teachers, day care workers, and similar independent witnesses who care for the child and see the child for hours each day are excellent witnesses, but may not have personal knowledge of the events in question so may not be relevant witnesses in the hearing. However, if the child is exhibiting trauma in their care, requiring immediate and emergency intervention by the court to provide for the child’s safety and protection, they may be relevant witnesses.”  §9:282

Discovery

• “For a financial affidavit listing that is glaringly out of the ordinary, use footnotes if the information is not lengthy and endnotes if the information is lengthy.  Footnotes or endnotes answer the question and lend greater credibility to the financial affidavit.  Gone are the days of puffing, putting double the expenses and expecting the court to grant needs of half.”  §12:26
• “The case is a problem from the court’s perspective upon the beginning of volume two. When any dissolution of marriage case requires a second file, then things are happening that should not happen, unless the lawyers are unnecessarily filing discovery documents instead of just the response to request to production and mandatory disclosure instead of just the certificate of compliance with mandatory disclosure.”  §12:97

Trial

• “Take photographs of how the documents appeared when they were delivered to you. A picture may show the judge the disorganization and need for extra expenditure of fees and costs necessary to put the documents in a condition to even make a rough inventory. When through, take pictures of the indexed, tabbed, and organized folders in neat and organized labeled boxes.”  §19:85
• “Allowing the client to see the judge in action is important. Have the client make eye contact.  Watch the client for behavior and mannerisms while in the chambers.  If the client crosses his or her arms across the chest while just observing, note how much training the client will need before actual testimony.”  §19:104
• “Have a plan and a trial outline. It is unnerving to the family court judge who is asked to allow re-cross and re-redirect because of poor preparation. The family court judge has an outline in the statutes and case law presumptions, burdens, factors, and mandatory findings. Work from the same outline and create a plan.  Family court judges can immediately tell if the lawyer is prepared.”  §19:02
• “Keep openings and closings brief and to the point. The shadow file helps in the organization and presentation. Often, lawyers just argue rather than provide the outline of what the party wants and why the testimony and facts presented will entitle the party to that relief. Present the burdens, presumptions, and factors. List and outline what will require specific findings. Charts and indexes help. Summaries help. Judges pay closer attention to opening and closing argument than the lawyer realizes.”  §19:19
• “Family lawyers commonly want to use charts and other demonstrative aids and do not know how to get them into evidence.  The foundation for admitting demonstrative evidence is….”  §19:156
• “Do not just enter the original deposition into evidence and hand the deposition to the family court judge. Have three copies with numbered tabs and highlighted to specifically direct the court to only the substantial competent evidence to enter the sought award if you do want an immediate ruling. With the volume in family court, if you do not make the substantial competent evidence glaring and easy to give the court confidence in an ability to make an immediate decision, you may wait weeks or months for a ruling.”  §19:159
• “A common mistake made by family lawyers is to allow an incomplete answer or evasive answer without committing the witness to an answer. Do not abandon the question and go on to something else. The family lawyer should be persistent in repeating the question, and if the witness continues not to answer, ask the court to require the witness to answer. Another technique is….”  §19:272

REVISION 16 HIGHLIGHTS

Sweeping amendments to the alimony statutes, Sections 61.08 and 61.14, Florida Statutes—

• Eliminate permanent alimony.
• Change the definitions of short, moderate, and long-term marriage.
• Limit rehabilitative alimony to no longer than five years.
• Limit durational alimony to marriages of at least three years.
• Provide a formula for determining the maximum amount of durational alimony.
• Add adultery as a factor the court may consider in determining whether and how much alimony to award.
• Require the court to reduce or terminate alimony if it makes written finding that the supported spouse is in a
  supportive relationship or that the paying spouse has reasonably retired.

Section 61.1255, Florida Statutes, authorizes a civil suit for support for an adult dependent child.

Section 61.13(2)(c)(1), Florida Statutes, creates a presumption that equal time-sharing is in a child’s best interest
unless otherwise provided by statute or agreed to by the parties.

Section 61.13(c), Florida Statutes, provides that a parent’s move to within 50 miles of the other parent can be
considered a substantial and material change in circumstances for purposes of modifying a time-sharing schedule.

Grayson’s law adds protection for children in danger of parental harm by expanding the section 61.13 factors
the court must consider when determining whether shared parental responsibility would be detrimental to the child.

Section 752.11(2), Florida Statutes, creates a presumption in favor of granting reasonable visitation with a grand-
parent or step-grandparent who is a deceased parent’s parent if the court finds that the other parent has been held

criminally liable for the parent’s death or civilly liable for an intentional tort causing the parent’s death.
Sections 742.011, 742.10(5) and 744.301(1), Florida Statutes, recognize that once a father establishes paternity

pursuant to section 742.10(1) or section 742.011, he becomes a natural parent entitled to the same rights and respon-
sibilities as the mother.

Florida Family Law Rule of Procedure 12.285(c)(2) allows parties to waive filing financial affidavits under certain
circumstances. The parties are still obligated to exchange financial affidavits

Florida Rule of General Practice and Judicial Administration 2.540(g) requires the court to allow an individual with
a disability to use a service animal in court facilities and when participating in court-provided programs.

Florida Rule of General Practice and Judicial Administration 2.540(h) permits the court to allow an individual the use
and accompaniment of an emotional support animal when participating in court-provided programs, services, or activities.

AND MORE!

ABBREVIATED TABLE OF CONTENTS

CHAPTER 1 THERAPEUTIC JURISPRUDENCE NEW ROLES FOR LAWYER, JUDGE AND CLIENT
CHAPTER 2 OFFICE MANAGEMENT AND CASE PREPARATION
CHAPTER 3 SCREENING AND TAKING THE CASE
CHAPTER 4 PRESUIT INVESTIGATION AND PROCEDURES
CHAPTER 5 FAMILY LAW PROCEEDINGS AND GROUNDS
CHAPTER 6 JURISDICTION AND VENUE
CHAPTER 7 SUMMONS, SERVICE OF PROCESS, AND E-MAIL SERVICE
CHAPTER 8 PLEADINGS AND MANDATORY ELECTRONIC FILING
CHAPTER 9 EMERGENCIES AND CASE MANAGEMENT CONFERENCE
CHAPTER 10 DOMESTIC VIOLENCE
CHAPTER 11 DEFAULTS AND UNCONTESTED HEARINGS
CHAPTER 12 DISCOVERY AND USE OF EXPERTS
CHAPTER 13 TEMPORARY RELIEF
CHAPTER 14 PARENTAL RESPONSIBILITY
CHAPTER 15 EQUITABLE DISTRIBUTION AND PROPERTY ISSUES
CHAPTER 16 ALIMONY AND SUPPORT
CHAPTER 17 ATTORNEYS’ FEES AND COSTS
CHAPTER 18 ALTERNATIVE DISPUTE RESOLUTION AND SETTLEMENT
CHAPTER 19 TRIAL AND EVIDENCE
CHAPTER 20 FINAL JUDGMENT; REHEARING; MOTIONS RELATED TO JUDGMENT
CHAPTER 21 ENFORCEMENT OF ORDERS AND JUDGMENTS
CHAPTER 22 PATERNITY AND PARENTING BY UNMARRIED PARENTS

ABOUT THE AUTHORS

Annette J. Szorosy has been a General Magistrate in the Seventeenth Judicial Circuit Court, Broward County, since October 2011 handling cases in the family law divisions. Magistrate Szorosy has been a member of The Florida Bar since 1993. She began her career at Heart of Florida Legal Aid Society handling family law matters for indigent Polk County residents. Thereafter, she worked as an associate at Carlton & Carlton, PA, handling family law matters and contested
Department of Revenue circuit matters and appeals for DOR in the Fifth and Second District Courts of Appeal.

Magistrate Szorosy served as a Staff Attorney for the Tenth Judicial Circuit Court, and a Senior Staff Attorney and Career Staff Attorney at the Second and Fourth District Courts of Appeal. She was an associate attorney with Weiss, Handler and Cornwell handling construction defect litigation, class action civil litigation and condominium and family law appeals. In 2009, she came to work for the Seventeenth Judicial Circuit as a Staff Attorney in the circuit civil and appellate divisions in Broward County until her appointment as a General Magistrate.

Magistrate Szorosy earned her B.S. in Criminology, magna cum laude, from Florida State University and her Juris Doctor, with honors, from Florida State University College of Law.

Elaine A. Carbuccia was appointed to serve as a Circuit Judge on the Seventeenth Judicial Circuit Court in 2023. She is assigned to the Unified Family Courts division, handling all circuit family and domestic relations matters.
Before her appointment to the bench, Judge Carbuccia served as a federal law clerk to U.S. District Judge Raag Singhal. She also served as a judicial staff attorney for the Seventeenth Judicial Circuit Court managing the circuit civil appellate and asbestos divisions and handling high-profile circuit civil cases.

Judge Carbuccia is an adjunct professor of law for the Legal Writing Departing at St. Thomas University, College of Law. Additionally, she is proud to serve on the Board of Advisors for St. Thomas University, College of Law.
Judge Carbuccia earned her undergraduate degrees from Broward Community College and Nova Southeastern University. She earned her juris doctorate from St. Thomas University College of Law.

She is a member of the Florida Bar, the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, and the United States District Court for the Northern District of Florida. She is a member of numerous voluntary bar associations and has been a member of the Broward County Bench & Bar Committee since 2018. On December 14, 2023, she received the 2023 Judge of the Year award from the Cuban American Bar Association for her exceptional commitment to service and dedication to justice.

Ashley N. Bober, Esq. is the resident expert in family law for the Seventeenth Judicial Circuit Court of Broward County, Florida. She earned her Bachelors of Arts in Political Science from Eckerd College as a Medallion Scholar and her Juris Doctorate from Florida A&M University College of Law. During law school, Mrs. Bober was actively involved as a member of the Stone Wall Association on campus. She has been a member of the Florida Bar since 2014. Mrs. Bober is also a member of the Florida Bar’s Family Law Section.

Mrs. Bober has served the Unified Family Courts in Broward County, Florida for nearly a decade. Initially as a Court Program Specialist II in the Juvenile and Domestic Relations Units and currently, as a Senior Judicial Staff Attorney in the Circuit Civil and Circuit Family Divisions. Her focus is on complex family cases, including assisting in the resolution of international Hague custody disputes. As a Staff Attorney, Mrs. Bober serves as a legal advisor to the judiciary by conducting legal research and drafting procedural and substantive orders, including drafting opinions for the circuit appellate panel.

Mrs. Bober’s legal journey includes notable positions such as a Law Clerk at Vernis & Bowling, P.A., where she assisted with homeowner’s insurance defense claims. She was an approved Florida Supreme Court Certified Legal Intern for the Ninth Judicial Circuit Office of the State Attorney, contributing to the prosecution of misdemeanors. Mrs. Bober graduated from one of only two Naval Honor Schools in the United States, the renowned Admiral Farragut Naval Academy, where she successfully completed NJROTC.