Lights, cameras, family court action???
Have you heard? Attorney Lisa Vari has been selected as a finalist for a role on a reality tv show. Imagine when that email came into the office, we were all stunned! A television producer from Los Angeles wants to meet Lisa? Needless to say, we didn't believe it was true at first. Lisa attended the initial casting call with the show's producer and then a second casting call with her "opposing counsel" and the casting director. The show will be based upon the work and personal lives of the family law attorneys selected for the show. The show is scheduled to air on the Lifetime Network in 2012 and will be called, "Prenup". Cross your fingers and stay tuned for more information!
A Warning for Computer & Cellular Phone Users
Like it or not we live in the 21st century and that means computers and cellular telephones are a part of our everyday life. If you are contemplating divorce or in the midst of a divorce or custody battle you should know that your computer and cellular phone can be your best friend or your worse nightmare. Your spouse maybe able to access your computer, e-mail, and cell phone records.
You need to take precautions to protect where you have surfed and what you have downloaded. If not, when it comes to Court time--you maybe doing what in Washington is called the "old two step". All too often, as you contemplate your future, you begin to search the internet for information on divorce, custody and law firms. You go to divorce pages and then you download articles, just like this one, so you can review later. What you don't know is that you are leaving a trail a mile wide for anyone, including your spouse, to see what you have been doing on the computer and where you have traveled in the vast ocean of internet information. You need to cover your tracks by taking some easy steps. For example, in Internet Explorer go to "Tools" and under the "General" tab delete files temporary internet files and history. You must do this every time you are going to exit the program. Do not save a page as a "Favorite". If no one has access to your computer then having a quick reference to Favorites works well, rather then having to search the internet to find the site again.
E-mail has become the communication favorite of millions of people and companies, including lovers. One problem with e-mail occurs if your spouse or former partner has access to your password and can read the e-mail messags you have sent and received from others. Another issue can arise If your spouse is the person who contracted with the internet company for e-mail service, your spouse may be permitted to reset or learn your password from the internet provider. A third problem arises regarding undeleted e-mails. What you may not know is internet provider companies constantly back up their servers with your unread and undeleted e-mails maybe included. This means that a lawyer can subpoena the e-mail provider, i.e. "Yahoo's" records and you maybe defending embarrassing statements, pictures and cards. One way to avoid this is to read your e-mail often, then delete and go into the delete folder and delete the message. This two step process also applies to the sent folder. Our suggestion is that you consider the listed problems and also obtain a new e-mail account solely in your name and with a new password that your spouse or former partner would not know or guess.
Chat rooms are another dangerous area. The person on the other end, who you think at the moment, is a friend, maybe copying and saving your chat. Think about the recent demise of a New York politician!
Another area of concern is the use of cellular phones and text messages. Most cellular phone companies have computer servers that save the telephone numbers of incoming and outgoing calls to a particular cellular phone number. The records of incoming and outgoing calls from a cellular phone can be damaging information in a divorce or other family law case. In addition, text message records are generally saved in the cell phone's in-box or out-box for 30 days. These messages can be read by the opposing party if not immediately deleted from the cellular phone. A persistent spouse or opposing party can also seek to subpoena the text message records from a cellular company. The cellular companies have varying policies regarding the length of time that text message records are maintained by the company.
Please consider the above advice and take appropriate precautions.
Helping Our Miami Divorce Lawyers Help You
Well-prepared clients help their cases go more smoothly. Clients can save time and money by gathering facts and carefully considering what goals they want to achieve. To help our lawyers analyze your case and give better advice, it is helpful for you to assemble the following documents about your case and provide them to our office.
If your Florida family law case involves divorce and equitable distribution of marital assets and debts, you should assemble the following documents:
- Tax returns (state and federal) for the last three years; perhaps earlier years as well
- Records of bank accounts -- checking, saving, money market; certificates of deposits
- Investment account records
- Retirement account statements from pension plans, profit sharing plans, 401(k), IRAs, etc.
- Recent pay stubs or other proof of income for yourself and spouse
- Credit card and loan statements as well as records pertaining to other bills and expenses
- Deeds to home and other real estate; lease of apartment
- Titles to automobiles or other vehicles, boats, trailers, etc.
- List and description of insurance policies -- health, home, life, and disability
- Divorce decrees and settlement agreements from earlier marriages
- Resumes or curriculum vitae
- Written prenuptial agreement, if there was one
- Proof of any premarital assets or debts for either spouse
- Proof of nonmarital assets such as inheritances or gifts to either spouse from someone other than the other spouse
- Financial statements submitted to any lending institutions within last two years
- An itemized budget for you and any minor children that will be residing with you
- A summary of the marital assets and debts as of the date of your separation
- Other documents you think are relevant
Note: When providing statements, the statements should be from the month of your separation as well as from the month of your marriage if there was a premarital component to the asset or debt.
If your Florida family law case involves child or spousal support, the documents you should assemble include:
- Tax returns (state and federal) for the last three years
- W-2 or 1099 statements from the previous year
- Year-to-date information regarding both parties' income
- Proof of any income for either party not reported on tax returns
- Proof of the mortgage, taxes, and any home equity loans for any residence owned jointly between you and the opposing party
- Proof of any medical condition that limits either party's ability to work
- Proof of the costs for medical coverage
- Proof of any recurring medical expenses not covered by insurance
- Proof of any daycare costs or private school tuition if child support is an issue
- Proof of either party's earning capacity if not working full-time
- Computerized accounting printouts for any businesses including general ledger, accounts receivable, accounts payable, check register, client listing and vendor listing for last two years
If your Florida family law case involves custody, the documents you should assemble can include:
- Prior custody orders or other written agreements
- School records including report cards, attendance records, Individualized Educational Plans (IEPs) and any psychological evaluation conducted on behalf of the school
- Detailed medical records if your child has a serious medical condition
- Any documents that prove your involvement with your child's education, medical care, religious activities and social activities
- Any calendars, journals, or other documents that lists the days each parent has spent with the child and any problems with custody in the past
- Criminal records for you or the other parent
- Names, addresses, and telephone numbers of any witnesses the client believes will be helpful to their position and a brief statement of the testimony they can provide
- Names, addresses, and telephone numbers for daycare providers, teachers/school, pediatrician and mental health therapists
- A summary of significant facts that you believe should impact a custody determination
It is important for the client to be honest with our attorneys and staff. If there are skeletons in the closet (or a few loose bones) regarding finances, extramarital relationships, or other issues, it is best to be candid with us about such matters so they can be dealt with if necessary. A client usually is worse off when adverse information comes up for the first time in the middle of a trial or the middle of negotiations since the attorney may not be fully prepared to respond to the disclosures.
Although this may be a time of stress, it also is a time to plan for the future. Clients should develop goals for the short-term and long term, and try to figure out how the issues of property, support, and time with children will fit into those goals. By identifying which issues are most important and which issues are less crucial, clients will help themselves and our lawyers resolve the problem in an orderly way while developing a reasonable plan for the future. Remember, a well-prepared client with a realistic set of goals is the best kind of client a family lawyer can have!
Contact our Miami divorce attorneys at 305-329-2560, toll free at 855-WWW-VARI (855-999-8274), or e-mail us to schedule an appointment to discuss your Dade County or Monroe County family law case. Our Miami divorce lawyers accept family law cases in Miami-Dade County and Monroe County.
Our Miami divorce law office is open Monday through Friday from 8:00 a.m. until 5:00 p.m. and weekends and evenings by appointment. Consultations are available in person at our downtown Miami law office and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.
Please click here to learn about your consultation options.
