Rodgers Law Firm, P.A.

Divorce

You enter into a marriage and begin a family with certain expectations and when those expectations are not met, it is often frustrating and even heartbreaking.  Years of struggling may tell you it is time for a transition to a better life for you and your children.  My name is Colette Rodgers and I can help you through that transition.  I will listen to your story and advocate tirelessly on your behalf.  I am a licensed attorney and also, a licensed mental health counselor, which affords me the opportunity to serve my clients with compassion and understanding, while still striving to provide the best possible legal representation.  My goal is to deliver personalized legal services to every client at an affordable price.  My hope is that I can make the process smoother and more efficient for you, holding your hand throughout the entire process.  My office is in Cape Coral.  If you are considering a dissolution of your marriage or any family law related action, please call me, Colette Rodgers with Rodgers Law Firm, at 239-565-3368, or click the link to schedule a free consultation and let me, Colette Rodgers, assist you through your transition. 

When you make the decision that you have tried everything to make your marriage work and it is still not working, it may be time for the transition.  The hope is that your case will be uncontested, that is, that you and your spouse are able to resolve your differences by agreement, rather than having the judge decide for you.  I make every effort to assist you in your negotiation toward a marital settlement agreement, all the while preparing for litigation in the event you are unable to settle.  It is very important to me to get the particular results my client wants.  I pride myself on practical, realistic advice, aggressive litigation techniques, and client-focused service.  Careful, thorough preparation leads to the best results.  It is important for my clients to understand the process from the beginning, because knowing what is coming often makes it easier to prepare, not only strategically but also mentally.

The Divorce Process

There are certain steps that we will take, all of which are critical in serving the best interests of you and your children.  It is important to hire an experienced divorce attorney from the very start.  The process begins with filing a Petition for Dissolution of Marriage with the Clerk of Court and requesting that the Clerk of Court issue a Summons for Personal Service upon your spouse.  Once issued, we will ask on of our trusted plain clothed process servers to “serve” your spouse with a copy of your Petition for Dissolution of Marriage and the Summons for Personal Service.  Once served, your spouse will have 20 days to file a responsive document with the Clerk of Court.  Your spouse can:

• ·        Respond by filing an Answer, which admits or denies the allegations in your Petition for Dissolution,
• ·        Counter-sue you for dissolution of marriage and request specific relief, or
• ·        Not respond at all (If your spouse doesn’t contest the divorce, the process usually goes quickly and smoothly).

If your spouse files an answer or counter-sues, you will exchange financial information.  Once sufficient financial information is exchanged, the next step is usually mediation. 

Mediation

There is an art to negotiation.  Experience and preparation are often the keys to success.  Having Rodgers Law Firm, PA on your side in mediation can mean the difference between finalizing your case that day or continuing on to trial.  My years of experience can help you end your divorce right then, while achieving your desired outcome.  If you are able to reach a settlement at mediation, with some simple paperwork thereafter, you can be done with the entire divorce process.

Mediation involves the parties and their counsel meeting with a trained, neutral mediator in the hopes of coming to an agreement.  I am with my clients from start to finish of mediation to provide guidance and opinions, but ultimately, the decision to settle remains with the client.  Mediation is a confidential process, meaning that everything said in mediation, stays in mediation.  This promotes candor and open negotiation. 

Trial

Unfortunately, negotiation and mediation aren’t always successful.  If we are unable to settle your case through negotiation, the case will be decided by the judge in a trial.  If so, Rodgers Law Firm works with it’s clients to create aggressive, innovative, and creative litigation strategies.  I know that dissolving a marriage is often the most difficult thing a person has to endure but compassionate service and well-researched legal arguments can help reduce the stress and anxiety clients.  Preparation is key.

Divorce Issues

There are five issues that need to be addressed in a divorce, ironically described by the acronym P.E.A.C.E.:

• ·        Parenting
• ·        Equitable Distribution
• ·        Alimony
• ·        Child Support
• ·        Everything Else
• ·        Parenting

Parenting

As a parent, my daughter’s safety and wellbeing is my top priority.  You need an attorney who understand how important your child is to you and values your parent-child relationship.   If you and your spouse will no longer be married, parameters for how each of you will parent need to be established.  How will you share time with your child?  Who will make the decisions?  When will each parent communicate with the child?  Domestic violence and substance abuse sometimes play acute roles in parenting decisions and whether time timesharing by one parent is supervised.

Having an experienced divorce lawyer is critical for parenting issues, because your relationship with your child or children will be impacted.  I can advocate for your relationship with your children and help you think critically and practically during what is usually a highly emotionally charged situation.

Equitable Distribution

After parenting issues, the division of marital assets and liabilities is usually the next most contentious issue in a divorce.  Florida law starts with the premise that all assets and liabilities will be equally divided but then there are numerous factors that have to be considered in determining a final distribution.  Some of the factors are the contribution to the marriage by each spouse, including contributions to the care of the children and home, the age of the parties, the duration of the marriage, the interruption of one party’s career or education, and the intentional dissipation of marital assets.  Pets are often hotly contested in a divorce.  Under Florida law, pets are considered assets, which will be distributed, and clients often consider their companions to be an important part of the division. 

Prenuptial or post-nuptial agreements have to be considered as well.

In equitable distribution, it is crucial for your divorce attorney to be detail-oriented and focused on the evidentiary aspects at the outset.  I can assist you in preparing the evidence necessary to vehemently advocate for your position in how your assets and liabilities are distributed.

Alimony

After determining the equitable distribution of marital assets and liabilities, the next issue to be addressed is alimony.  Under certain circumstances, alimony may be awarded.   There are many types of alimony, such as permanent periodic alimony, bridge-the-gap alimony, rehabilitative alimony, and lump sum alimony.  Alimony is based on one party’s need for support verses the other party’s ability to pay support.  There are many factors the court will consider in determining whether alimony is appropriate and if so, how much and how long?  I can help you assess your situation with regard to alimony and I strive to develop the strongest arguments to foster your position. 

Child Support

Child support is a basic right of the child under Florida law.  Florida Statute §61.30 provides the basic guideline for calculating child support but there are many pieces of the puzzle to be considered in making that calculation, including both parties’ incomes, child care expenses, health insurance expenses. Often, the child support calculation is disputed because one party is voluntarily unemployed or underemployed.  I can aid you in preparing the information necessary to arrive at the appropriate child support calculation.

Everything Else

After parenting, equitable distribution, alimony, and child support, everything else needs to be considered.  This may include a name change, attorney’s fees, or anything relative to the parties not addressed.

 If you are considering a dissolution of your marriage or any family law related action, please call me, Colette Rodgers with Rodgers Law Firm, at 239-565-3368, or click the link to schedule a free consultation and let me, Colette Rodgers, assist you through your transition.  

 The issues identified are not exhaustive, but provide a basic framework of the issues involved in a divorce, and the order of the issues that a Florida Court must determine in a dissolution of marriage case.