SELECTING A FAMILY LAW ATTORNEY IN FLORIDA

Everyone knows someone who has been divorced. It is so common that it is hard to imagine someone whose life has not been touched by it in one way or another. Nowadays, marriage is less common and people frequently have children out-of-wedlock. Paternity cases are becoming more common as a result.

People are often unsure of their rights in paternity cases. There can be confusion about time-sharing, parenting and support. The birth mother typically has complete legal control and authority over a minor child born out-of-wedlock. These cases are initiated by filing a Petition to Establish Paternity and for Other Relief.

The major distinction between divorce and paternity cases is that a divorce case in Florida allows the court to take jurisdiction over the marital assets and liabilities as well as alimony, child support, parenting plans and other issues. Paternity cases concern minor children born of unwed parents, parenting plans and child support.

Family Law proceedings often feature a high level of stress. Divorce is the second most stressful thing that an adult can endure, with the death of a spouse being number 1. In fact, psychiatrists have indexed the effects of divorce as being a “73” in “life change units” with the death of a spouse being “100.” This information is based upon the work of psychiatrists, Thomas Holmes and Richard Rahe. Interestingly, a modified scale has been developed for non-adults (read: minor children). Similarly, the death of a parent equates to being “100” in life change units while the divorce of parents results in a very scary “90” in life change units for the children.

The bottom line is that stress has been shown unequivocally to increase the chances of disease and adversely affect health in both adults and children.
Family Law attorneys are experienced at navigating the stress and loss caused by these types of legal proceedings and can make a significant difference in determining how a client and the client’s minor children will ultimately fare during and after the process. Unfortunately, many people will not contact a Family Law attorney because they think that they cannot afford one.

LEGAL AID SERVICES, PRO BONO SERVICES, FREE ATTORNEYS

Depending on your financial eligibility, you can contact your local Legal Aid office for legal representation in a Florida Family Law case. If you are seeking to establish a child support obligation, the Florida Department of Revenue (“DOR”) might be able to help you. However, Legal Aid and DOR are often extremely overloaded. This can lead to delays as they have many clients. There is no substitute for having an attorney in a Family Law case. He or she has a duty to zealously advocate for you to the best of their ability.
WHEN SHOULD I CONSIDER NOT HIRING AN ATTORNEY?

It is true that you do not need to have an attorney at all in order to get divorced or in connection with a paternity case. However, if you do not, you do so at your own peril. Relying on the advice of non-attorneys, friends, family, and/or paralegals is not wise. You invariably have seen advertisements that state “Divorce $300.00” or you may be aware of non-attorneys/paralegals that will offer to “fill out the forms” for a fee. People offering such services are not licensed attorneys and can’t give you any legal advice; they can only help you fill out forms.

There are times when you do not need to hire an attorney. If you have a short-term marriage with little or no assets and little or no debt, then you might be able to fill out the forms yourself or get assistance from someone who is paid only to fill out the forms. However, it’s always advisable to contact an attorney to confirm that actual legal representation is not necessary.

WHEN DO I NEED TO HIRE A FAMILY LAW ATTORNEY?

It is suggested that you hire a Family Law attorney when your Florida Family Law case involves minor children, significant assets and liabilities and/or alimony/spousal support issues. If you are seeking to modify a support obligation, consulting with a lawyer is also advisable. Remember, it’s often free or relatively inexpensive to meet with an attorney for an initial consultation.

If you have questions about a Florida Family Law issue, please contact Attorney Rosenfelt in connection with scheduling a consultation or phone call.