A Process Server Walks Into A Bar . . .
By Diana Knowles Dunlop, Family Law Attorney www.divorceorlando.net
A Process Server walks into a bar with a summons under his arm. He has to serve a divorce action on a "John Smith" who is known to be a frequent customer at the bar. The Process Server has a description of the man and some other facts about him, which the wife in the case, Mary Smith, has provided.
John Smith is 5 feet 10 inches tall and weighs about 180 pounds. He has medium-length brown hair, hazel eyes, and a good tan from working construction. He shaves on average, once every two weeks. He wears a baseball cap almost everywhere he goes, inside and out. John Smith uses alias names because no one believes his real name. He will not react to someone calling him "John Smith." Some of his aliases are "Bubba Wild," "Hank Hargrave," "Bobby Jett" and "Bucky Green." His favorite football team is the Pittsburgh Steelers. John Smith drinks draft beer. He likes blonde women. He drives a white Chevy pick-up. The Process Server noticed that a white Chevy pick-up was parked outside the bar.
The Process Server sees seven men seated at the bar. All but two have on baseball caps. He cannot tell the height of the men, because they are sitting. All but one has medium length, brown hair. Three are clean shaven. The other four have scruffy beards. In the dim light of the bar he cannot tell the color of the men’s eyes. The Process Server knows it is probably useless, but he asks,"Anyone here know a John Smith?" All the men shake their heads, indicating "No."
The Process Server sits at the bar and orders a draft beer. All the men at the bar are drinking draft beer. A football game between the Steelers and Miami is playing on the sports screen.
The Process Server asks, "Anyone pulling for the Steelers?" All the men nod a "Yes," and keep their eyes focused on the game.
A commercial comes on, and the Process Server says, "What we need is about ten good-looking blondes to come in and join us."
The men all raise their glasses and respond, "I’ll drink to that."
The Process Server thinks of one last thing to try. He walks out of the bar, then he turns around and rushes back in."Hey," he shouts, "Some lady named Mary just rammed her car into a white Chevy pick-up – on purpose!"
One of the men at the bar stands up. "I’ll kill her," he says.
"You’re served," the Process Server says, as he hands John Smith the summons.
Moral: Don’t let your dislike for your spouse be used to your disadvantage in your divorce. Develop a sound case strategy and stick to the game plan. Diana Knowles Dunlop
Friday, October 18, 2013
Friday, October 4, 2013
Answer to What to do if you are being framed for domestic violence?
ANSWER TO: HOW TO PREVENT MY SPOUSE FROM FRAMING ME AS TO DOMESTIC VIOLENCE?
The case involving the woman falling off the porch and a neighbor misinterpreting the incident as "domestic violence" is a classic situation where a hearsay objection should be made. You, as the wrongly accused, would want to prevent the judge from relying on the out of court statements by the neighbor that were written in the police report. The statements of the neighbor which are written in the police report are hearsay. The police officer wrote what the neighbor told the police officer what had happened – but the neighbor was stating an opinion of what he thought had happened. He didn’t see the incident, but he reported it as though he had. The issue is that the police officer, himself, who is testifying in court, did not witness the incident. The hearsay rules prevent the injustice of you having the neighbor’s statements admitted against you when you do not have the neighbor in court for you to be able to question him about the truth of these statements. And, if the neighbor is present in court, then The Best Evidence Rule would apply: the neighbor’s direct testimony about what happened, not the police report, is the evidence that should be presented in court. But, don’t think that the judge will make the hearsay objections to the evidence. That is not his or her obligation. If you don’t make a timely objection, you can lose your right to object at a future time, or to file an appeal as to the error.
And, even though there are the protections of the hearsay rules, there are exceptions to the hearsay rules. Some exceptions are the admission of hearsay statements that are made against the self-interests of the speaker, are admissions by a party opponent, are an excited utterance or a statement made by someone who is about to die. The test for admissibility in these exceptional circumstances is how much the jury or judge (in a bench trial) can rely on the truthfulness of these types of out-of-court statements. Also, if the statements are not offered for the truth of what is stated in them but for another purpose, this can allow hearsay to come into evidence by being deemed not to be hearsay. However, once a written or verbal statement is admitted as non-hearsay, how do you keep the judge or the jury from not relying on all or part of the statement for the plain meaning (truth) in the statements?
A document alone, such as a letter, a sworn affidavit of a witness who is not at court, an appraisal on a home, a police report, medical records, can usually be kept out of evidence by a hearsay objection unless there is a reliable witness in court to testify about the authenticity of the document and the statements contained in it.
The trier of fact in a family law case is usually the judge assigned to the case. In a case with a jury trial, the jury listens to the evidence and decides the facts. The judge or the jury will apply the law to the facts and decide the issues, like whether one spouse committed domestic violence, or whether one spouse will pay alimony to the other and if so, how much alimony and for how long. Sometimes in a case, even when both parties have filed financial affidavits and have exchanged the financial documents required by the Florida Family Law Rules, the judge or jury still must determine what is the real monthly net income of the parties so the correct amount of child support or alimony (if any) will be ordered. A good lawyer must always be vigilant as to the reliability of evidence that is being presented when that evidence will work against the interests of his or her client. Unreliable evidence should be objected to with sustainable objections.
To convince the judge (or the jury) to decide the facts favorably for you, your attorney will present documents and witnesses’ testimony at court. Don’t be in court with documents and testimony of witnesses that will not be allowed into evidence. Your attorney should be very familiar with the Florida Rules of Evidence, if your case is in a State Court, and with the Federal Rules of Evidence if your case is in Federal Court. The success of your case will depend on (1) knowing how to get your evidence admitted and (2) making sustainable objections to the other side’s attempts to get documents and testimony into evidence that will work against you.
Be the best litigant that you can be, and remember, when you file your case, you are "in court." Everything you do related to your case should strengthen your court case, even if you settle the issues without ever having to go to court. You will get a better settlement when: (1) your court documents cover all legal issues, (2) when your research in support of the issues is on point and current, and (3) when you have documents and witness testimony that will be admissible evidence.
The case involving the woman falling off the porch and a neighbor misinterpreting the incident as "domestic violence" is a classic situation where a hearsay objection should be made. You, as the wrongly accused, would want to prevent the judge from relying on the out of court statements by the neighbor that were written in the police report. The statements of the neighbor which are written in the police report are hearsay. The police officer wrote what the neighbor told the police officer what had happened – but the neighbor was stating an opinion of what he thought had happened. He didn’t see the incident, but he reported it as though he had. The issue is that the police officer, himself, who is testifying in court, did not witness the incident. The hearsay rules prevent the injustice of you having the neighbor’s statements admitted against you when you do not have the neighbor in court for you to be able to question him about the truth of these statements. And, if the neighbor is present in court, then The Best Evidence Rule would apply: the neighbor’s direct testimony about what happened, not the police report, is the evidence that should be presented in court. But, don’t think that the judge will make the hearsay objections to the evidence. That is not his or her obligation. If you don’t make a timely objection, you can lose your right to object at a future time, or to file an appeal as to the error.
And, even though there are the protections of the hearsay rules, there are exceptions to the hearsay rules. Some exceptions are the admission of hearsay statements that are made against the self-interests of the speaker, are admissions by a party opponent, are an excited utterance or a statement made by someone who is about to die. The test for admissibility in these exceptional circumstances is how much the jury or judge (in a bench trial) can rely on the truthfulness of these types of out-of-court statements. Also, if the statements are not offered for the truth of what is stated in them but for another purpose, this can allow hearsay to come into evidence by being deemed not to be hearsay. However, once a written or verbal statement is admitted as non-hearsay, how do you keep the judge or the jury from not relying on all or part of the statement for the plain meaning (truth) in the statements?
A document alone, such as a letter, a sworn affidavit of a witness who is not at court, an appraisal on a home, a police report, medical records, can usually be kept out of evidence by a hearsay objection unless there is a reliable witness in court to testify about the authenticity of the document and the statements contained in it.
The trier of fact in a family law case is usually the judge assigned to the case. In a case with a jury trial, the jury listens to the evidence and decides the facts. The judge or the jury will apply the law to the facts and decide the issues, like whether one spouse committed domestic violence, or whether one spouse will pay alimony to the other and if so, how much alimony and for how long. Sometimes in a case, even when both parties have filed financial affidavits and have exchanged the financial documents required by the Florida Family Law Rules, the judge or jury still must determine what is the real monthly net income of the parties so the correct amount of child support or alimony (if any) will be ordered. A good lawyer must always be vigilant as to the reliability of evidence that is being presented when that evidence will work against the interests of his or her client. Unreliable evidence should be objected to with sustainable objections.
To convince the judge (or the jury) to decide the facts favorably for you, your attorney will present documents and witnesses’ testimony at court. Don’t be in court with documents and testimony of witnesses that will not be allowed into evidence. Your attorney should be very familiar with the Florida Rules of Evidence, if your case is in a State Court, and with the Federal Rules of Evidence if your case is in Federal Court. The success of your case will depend on (1) knowing how to get your evidence admitted and (2) making sustainable objections to the other side’s attempts to get documents and testimony into evidence that will work against you.
Be the best litigant that you can be, and remember, when you file your case, you are "in court." Everything you do related to your case should strengthen your court case, even if you settle the issues without ever having to go to court. You will get a better settlement when: (1) your court documents cover all legal issues, (2) when your research in support of the issues is on point and current, and (3) when you have documents and witness testimony that will be admissible evidence.
Wednesday, October 2, 2013
Don't let yourself get framed for domestic violence.
Show and Tell: Presenting Evidence in Court. By Diana Knowles Dunop Copyright 2013
HOW CAN I PREVENT MY SPOUSE FROM FRAMING ME AS TO DOMESTIC VIOLENCE?
NOTE: The following scenario is fictional. Any resemblance of the characters in this scenario to any real persons, living or dead, is unintentional and entirely accidental.
Consider this:
One night, you and your spouse have a heated verbal argument inside your house. At one point in the argument your spouse says, "I’m not staying here if you’re going to talk to me like that. I’m going to go spend the night with a friend." Your spouse opens the front door, runs out onto the front porch, and falls down the front steps. The fall causes your spouse to get a broken nose and a deep cut over one eye. You come out of the house, stand on the porch, look down at your spouse, who is still lying on the ground, and you shout, "That serves you right for walking out on me!"
"Hey, what’s going on?" you hear your next door neighbor ask. Your neighbor is standing on his front porch. You don’t know what he saw. Your spouse tells the neighbor that you hit him/her in the face and knocked him/her down the steps. Your spouse tells the neighbor, "I’m hurt. This is domestic violence. Call the cops." Your neighbor rushes inside and calls 911. When the police arrive, they take statements from you, your spouse, and the neighbor.
The police say that they can’t determine who is telling the truth. The police decide that you can stay in the house for the night, and they tell your spouse to go spend the night elsewhere. The police state that this will give you and your spouse time to cool off. The next day, your spouse (who has apparently not cooled off) files for an injunction for protection against domestic violence. You get served with the petition for the injunction; and in it, your spouse states that you punched him/her in the face so hard that you broke his/her nose and knocked him/her down the front steps causing a deep cut over one eye and other injuries. You have to attend a hearing on the injunction.
The day before the injunction hearing, you talk to your neighbor and asked him what he witnessed concerning the incident. He tells you that he didn’t actually see you hit your spouse and that he did not actually see your spouse fall down the steps. He tells you that when he came outside, he saw you standing on the steps and saying something like, "That serves you right." He says that he told the police that you hit your spouse and knocked him/her down the steps because that is what he thought had happened. He says he is really sorry for getting you into trouble by what he said to the police and that he will try to show up for the injunction hearing and tell the judge that he didn’t really see what happened.
At the injunction hearing, your neighbor fails to show, but the police officer who wrote the police report is present. Your spouse lies and tells the judge that you hit him/her in the face, knocked him/her off the front porch, and caused your spouse to have a broken nose and other injuries. You tell the judge the truth about what happened, but it is basically a "he-said, she-said" situation as to who is telling the truth. Your spouse has brought to court a copy of the police report from the night of the incident. The police officer testifies that the copy of the police report shown to him by your spouse is the report about the incident. The officer agrees that he wrote in the report that your next door neighbor said that he witnessed the incident and that what happened was that you hit your spouse in the face and caused your spouse to fall off the porch. Your spouse offers the police report into evidence to prove, through the statements made to the police by your neighbor, that you hit your spouse in the face and knock him/her off the porch.
What should your objection be in regard to admitting the police report?
HOW CAN I PREVENT MY SPOUSE FROM FRAMING ME AS TO DOMESTIC VIOLENCE?
NOTE: The following scenario is fictional. Any resemblance of the characters in this scenario to any real persons, living or dead, is unintentional and entirely accidental.
Consider this:
One night, you and your spouse have a heated verbal argument inside your house. At one point in the argument your spouse says, "I’m not staying here if you’re going to talk to me like that. I’m going to go spend the night with a friend." Your spouse opens the front door, runs out onto the front porch, and falls down the front steps. The fall causes your spouse to get a broken nose and a deep cut over one eye. You come out of the house, stand on the porch, look down at your spouse, who is still lying on the ground, and you shout, "That serves you right for walking out on me!"
"Hey, what’s going on?" you hear your next door neighbor ask. Your neighbor is standing on his front porch. You don’t know what he saw. Your spouse tells the neighbor that you hit him/her in the face and knocked him/her down the steps. Your spouse tells the neighbor, "I’m hurt. This is domestic violence. Call the cops." Your neighbor rushes inside and calls 911. When the police arrive, they take statements from you, your spouse, and the neighbor.
The police say that they can’t determine who is telling the truth. The police decide that you can stay in the house for the night, and they tell your spouse to go spend the night elsewhere. The police state that this will give you and your spouse time to cool off. The next day, your spouse (who has apparently not cooled off) files for an injunction for protection against domestic violence. You get served with the petition for the injunction; and in it, your spouse states that you punched him/her in the face so hard that you broke his/her nose and knocked him/her down the front steps causing a deep cut over one eye and other injuries. You have to attend a hearing on the injunction.
The day before the injunction hearing, you talk to your neighbor and asked him what he witnessed concerning the incident. He tells you that he didn’t actually see you hit your spouse and that he did not actually see your spouse fall down the steps. He tells you that when he came outside, he saw you standing on the steps and saying something like, "That serves you right." He says that he told the police that you hit your spouse and knocked him/her down the steps because that is what he thought had happened. He says he is really sorry for getting you into trouble by what he said to the police and that he will try to show up for the injunction hearing and tell the judge that he didn’t really see what happened.
At the injunction hearing, your neighbor fails to show, but the police officer who wrote the police report is present. Your spouse lies and tells the judge that you hit him/her in the face, knocked him/her off the front porch, and caused your spouse to have a broken nose and other injuries. You tell the judge the truth about what happened, but it is basically a "he-said, she-said" situation as to who is telling the truth. Your spouse has brought to court a copy of the police report from the night of the incident. The police officer testifies that the copy of the police report shown to him by your spouse is the report about the incident. The officer agrees that he wrote in the report that your next door neighbor said that he witnessed the incident and that what happened was that you hit your spouse in the face and caused your spouse to fall off the porch. Your spouse offers the police report into evidence to prove, through the statements made to the police by your neighbor, that you hit your spouse in the face and knock him/her off the porch.
What should your objection be in regard to admitting the police report?
Wednesday, August 21, 2013
Changing Locks on Marital Home and a Warning about Agreements
Changing Locks on the Marital Home During a Divorce and A Warning About Agreements
By Diana Knowles Dunlop
Florida Family Law Attorney
FREQUENTLY ASKED QUESTION: Can I change the locks and security code to my house now that my spouse has move out? My spouse recently moved out of our marital home and has been living somewhere else for over two weeks. I am living in the marital home, which is titled in both our names. However, I want to feel secure in my house, so I would like to change the locks. When my spouse left, he/she took clothes, a laptop, some papers, and one of our vehicles. I plan to file for divorce, so I don’t want to do anything that will hurt me getting the most I can get. I would like the house. My spouse also takes our child with him overnights, and I don’t know where our child is because my spouse won’t give me the address.
ANSWER: You can always legally change the locks and the security code on your own house, unless there is a court order that forbids this. If your spouse has permanently moved out, meaning he/she has found another place to live, you can change the locks and security access code so you can have security and peace of mind. This is reasonable to do, and a family court judge would be unlikely to find fault with you doing that. However, even if your spouse has signed a lease and is living somewhere else, he/she still can legally break into the house or call a locksmith and have the locks changed back UNLESS a court order has been entered that forbids him/her from entering the house, or unless you have entered a formal, written agreement with your spouse as to this issue. It is important to hire an experienced family law attorney when a situation like this occurs, especially when a minor child or children are involved. SEE IMPORTANT FOLLOWING INFORMATION AS TO WRITTEN AND VERBAL AGREEMENTS:
WARNING: You should not enter into any agreement to resolve issues in your divorce or paternity action, whether verbal or written, unless the agreement has been prepared by an experienced family law attorney who represents YOUR individual legal rights and interests. Partial and/or temporary agreements can be useful in resolving issues "temporarily" (meaning before the final judgment of divorce is entered). Typical temporary issues that are often resolved are the temporary exclusive use and possession of the marital residence, exclusive use and possession of certain vehicles, visitation/contact schedules and child support. The best permanent (final) agreement should resolve all the issues in your divorce and not be done "piecemeal." If you make a final agreement on an issue (such as who gets the marital home) before all issues are resolved, you can lose leverage in the negotiations of other issues.
Dunlop, Dunlop & Dunlop are experienced family law attorneys who can represent you and protect your legal interests and the best interests of your child or children. Call us at 407-628-4300 for a free consultation or contact us by email at dunloplaw@aol.com. Our website is www.divorceorlando.net.
Tuesday, July 16, 2013
Adultery and No Fault Divorce in Florida
Adultery and No fault Divorce in Florida
By Diana Knowles Dunlop, Florida Family Law Attorney
Prior to Florida becoming a "no fault" state in the mid-1970's, one spouse had to allege that the other spouse had done something wrong that had caused the marriage to become broken. If the Wife was an adulteress when Florida was a "fault" state, her adultery in and of itself was a legal reason for the judge to use to deny the Wife a request for alimony. See Pacheco v. Pacheco, Supreme Court of Florida, April 7, 1971, where the Supreme Court rules as constitutional the old alimony statute which stated in relevant part: " . . . no alimony shall be awarded to an adulterous wife." The old alimony statute also prohibited any alimony being awarded to a husband except in cases where the husband was insane. Presumably, under the old alimony statute, a particularly strong legal argument to award alimony to a Husband would have been when the Husband was found to have been made insane by the adulterous actions of his Wife.
Today, the current Florida alimony statute reflects the many changes made to the old alimony statute. The language as to "no alimony shall be awarded to an adulterous wife" has been removed. And, now, alimony can be awarded to a Husband, whether sane or insane. However, Fla.Stat. s. 61.08 did retain adultery as a factor for the judge to consider when deciding (1) whether or not to award some type of alimony, (2) what amount of alimony to order, and (3) for how long to order the alimony to be paid. In relevant part, Chapter 61.08 (1) states: "The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded."
The Effect of Adultery on a Dissolution Case, Today:
The difference in the effect of adultery on current dissolutions of marriage in Florida from what the effect of used to be is that, today, the judges focus on the economic effect caused by the adultery. If the adulterer spent marital funds on his or her paramour – bought gifts for him/her, took him/her on trips, paid living expenses for him/her, those payments depleted funds that the cheater should have used to increase the marital assets. If the marital assets are split 50/50, the innocent spouse has an equitable argument that he/she be paid one-half of the money the cheating spouse spent on girlfriend/boyfriend.
Phone 407 628-4300 for a free consultation as to how alimony and no fault divorce laws in Florida affect your specific situation.
By Diana Knowles Dunlop, Florida Family Law Attorney
Prior to Florida becoming a "no fault" state in the mid-1970's, one spouse had to allege that the other spouse had done something wrong that had caused the marriage to become broken. If the Wife was an adulteress when Florida was a "fault" state, her adultery in and of itself was a legal reason for the judge to use to deny the Wife a request for alimony. See Pacheco v. Pacheco, Supreme Court of Florida, April 7, 1971, where the Supreme Court rules as constitutional the old alimony statute which stated in relevant part: " . . . no alimony shall be awarded to an adulterous wife." The old alimony statute also prohibited any alimony being awarded to a husband except in cases where the husband was insane. Presumably, under the old alimony statute, a particularly strong legal argument to award alimony to a Husband would have been when the Husband was found to have been made insane by the adulterous actions of his Wife.
Today, the current Florida alimony statute reflects the many changes made to the old alimony statute. The language as to "no alimony shall be awarded to an adulterous wife" has been removed. And, now, alimony can be awarded to a Husband, whether sane or insane. However, Fla.Stat. s. 61.08 did retain adultery as a factor for the judge to consider when deciding (1) whether or not to award some type of alimony, (2) what amount of alimony to order, and (3) for how long to order the alimony to be paid. In relevant part, Chapter 61.08 (1) states: "The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded."
The Effect of Adultery on a Dissolution Case, Today:
The difference in the effect of adultery on current dissolutions of marriage in Florida from what the effect of used to be is that, today, the judges focus on the economic effect caused by the adultery. If the adulterer spent marital funds on his or her paramour – bought gifts for him/her, took him/her on trips, paid living expenses for him/her, those payments depleted funds that the cheater should have used to increase the marital assets. If the marital assets are split 50/50, the innocent spouse has an equitable argument that he/she be paid one-half of the money the cheating spouse spent on girlfriend/boyfriend.
Phone 407 628-4300 for a free consultation as to how alimony and no fault divorce laws in Florida affect your specific situation.
Wednesday, June 19, 2013
Answers to the question, "What should I wear in court ?"
(Hint: Show Respect, Get Respect.)
By Attorneys Diana Knowles Dunlop and J. Erwin Dunlop. Copyright June, 2013.
General, quick answer: Proper dress for a court appearance is more formal than ordinary street clothes. Dress like you are going to a job interview for an executive position. A general rule: if you could wear it to the beach, don’t wear it into court.
The attorneys at Dunlop, Dunlop & Dunlop, P.A. have specific advice for what you should wear to court. This is developed from their extensive experience in representing people in court since 1995. These recommendations on what to wear in court are based on what works to give someone the best chance at showing that they respect the judge and the court proceedings. Showing that you respect the judge and the court proceeding is a legitimate and effective way to improve your image and gain for you respect from the judge. (Show respect; get respect.)
Specific Advice for Both Men and Women regarding how to dress when you go to court: Choose muted colors and simple patterns. No flashy jewelry. Take out body piercing jewelry or replace with small, plain studs. Pierced ears can have conservative jewelry in them. Cover tattoos, if possible. Do not wear a hat. Choose conservative fabrics. Avoid wearing denim ("jeans") material as it is perceived as very casual. Avoid leather and fur -- real and fake, as these fabrics can be perceived as too casual and can have aggressive or provocative associations. Do not wear clothing items that contain written words. Do not wear ribbons, pins, or symbols that send a specific message – wearing these types of items may cause the judge to think you are trying to gain the judge’s sympathy by wearing these items. This will backfire on you. Judges do not like it when people use inappropriate ways to try to manipulate the judge’s opinion. It should go without saying that you should wear clean clothing in good repair. However, some wealthy people have deliberately worn shabby clothing to court to try to make the judge think that they were poor. Again, do not try to use your clothing to try to manipulate a judge. The judge will see right through this trick.
How men should dress for a court appearance: Men should (1) wear a shirt and a tie, preferably a long-sleeved shirt and a regular tie. Tuck the shirt inside the pants, and be sure to wear a belt if the pants have belt loops; (2) wear long, regular pants – not jeans, not shorts; (3) wear hard soled, closed-top shoes – not sneakers, not sandals. Wear socks, but not white socks; and (4)wear the suit jacket to the pants or a conservative-colored sports jacket that goes with the pants. Men should wear long-sleeved jackets. No short-sleeved jackets should be worn by men in court, as they are perceived as too casual.
How women should dress for a court appearance: Women should (1) wear a non-sexy dress, or a non-sexy skirt and blouse, or a non-sexy pantsuit outfit – no low cut tops, no high slit skirts, no extremely short skirts, no outfits that expose or suggest that bare skin on the abdomen or rear end is likely to be exposed. Do not wear culottes, Capri pants, or shorts; (2) wear regular stockings or panty-hose. Avoid fishnet or overly-sexy stockings; (3) wear closed-toe or peep-toe shoes, either flats or heels. No sneakers, no sandals; (4) wear a jacket or sweater that coordinates with your outfit. If the dress or blouse has sleeves, women don’t have to wear a jacket, but if you have one that goes with the outfit, wear it. Women can wear a short-sleeved or a long-sleeved jacket in court.
Scarves and pocketbooks are acceptable accessories for women; however, you may not be able to take your pocketbook to the counsel table in the courtroom. Take out of your pocketbook paperwork that you want access to when you are at the counsel table.
"I’m afraid that if I dress in a suit, the judge will mistake me for an attorney or think that I’m trying to look like an attorney."
Do not be afraid that if you wear a jacket and a tie that the judge will mistake you for an attorney. It is okay if you and your attorney are dressed similarly. Attorneys dress formally to get the respect of the judge. You want to do the same.
Take this advice on what to wear in court, seriously. Court proceedings are formal, methodical proceedings, and judges tend to be very touchy about anything that they may see as a lack of respect.
Written by J. Erwin Dunlop and Diana Knowles Dunlop, Florida divorce law and paternity law attorneys at Dunlop, Dunlop & Dunlop, P.A., 2431 Aloma Ave., Ste. 150, Winter Park, FL 32792; phone (407) 628-4300; www.divorceorlando.net. Copyright 2013.
Ongoing Blog Topic: "How to Improve Your Chances at Getting the Best Outcome for Your Court Case." by attorneys, J. Erwin Dunlop and Diana Knowles Dunlop.
(Hint: Show Respect, Get Respect.)
By Attorneys Diana Knowles Dunlop and J. Erwin Dunlop. Copyright June, 2013.
General, quick answer: Proper dress for a court appearance is more formal than ordinary street clothes. Dress like you are going to a job interview for an executive position. A general rule: if you could wear it to the beach, don’t wear it into court.
The attorneys at Dunlop, Dunlop & Dunlop, P.A. have specific advice for what you should wear to court. This is developed from their extensive experience in representing people in court since 1995. These recommendations on what to wear in court are based on what works to give someone the best chance at showing that they respect the judge and the court proceedings. Showing that you respect the judge and the court proceeding is a legitimate and effective way to improve your image and gain for you respect from the judge. (Show respect; get respect.)
Specific Advice for Both Men and Women regarding how to dress when you go to court: Choose muted colors and simple patterns. No flashy jewelry. Take out body piercing jewelry or replace with small, plain studs. Pierced ears can have conservative jewelry in them. Cover tattoos, if possible. Do not wear a hat. Choose conservative fabrics. Avoid wearing denim ("jeans") material as it is perceived as very casual. Avoid leather and fur -- real and fake, as these fabrics can be perceived as too casual and can have aggressive or provocative associations. Do not wear clothing items that contain written words. Do not wear ribbons, pins, or symbols that send a specific message – wearing these types of items may cause the judge to think you are trying to gain the judge’s sympathy by wearing these items. This will backfire on you. Judges do not like it when people use inappropriate ways to try to manipulate the judge’s opinion. It should go without saying that you should wear clean clothing in good repair. However, some wealthy people have deliberately worn shabby clothing to court to try to make the judge think that they were poor. Again, do not try to use your clothing to try to manipulate a judge. The judge will see right through this trick.
How men should dress for a court appearance: Men should (1) wear a shirt and a tie, preferably a long-sleeved shirt and a regular tie. Tuck the shirt inside the pants, and be sure to wear a belt if the pants have belt loops; (2) wear long, regular pants – not jeans, not shorts; (3) wear hard soled, closed-top shoes – not sneakers, not sandals. Wear socks, but not white socks; and (4)wear the suit jacket to the pants or a conservative-colored sports jacket that goes with the pants. Men should wear long-sleeved jackets. No short-sleeved jackets should be worn by men in court, as they are perceived as too casual.
How women should dress for a court appearance: Women should (1) wear a non-sexy dress, or a non-sexy skirt and blouse, or a non-sexy pantsuit outfit – no low cut tops, no high slit skirts, no extremely short skirts, no outfits that expose or suggest that bare skin on the abdomen or rear end is likely to be exposed. Do not wear culottes, Capri pants, or shorts; (2) wear regular stockings or panty-hose. Avoid fishnet or overly-sexy stockings; (3) wear closed-toe or peep-toe shoes, either flats or heels. No sneakers, no sandals; (4) wear a jacket or sweater that coordinates with your outfit. If the dress or blouse has sleeves, women don’t have to wear a jacket, but if you have one that goes with the outfit, wear it. Women can wear a short-sleeved or a long-sleeved jacket in court.
Scarves and pocketbooks are acceptable accessories for women; however, you may not be able to take your pocketbook to the counsel table in the courtroom. Take out of your pocketbook paperwork that you want access to when you are at the counsel table.
"I’m afraid that if I dress in a suit, the judge will mistake me for an attorney or think that I’m trying to look like an attorney."
Do not be afraid that if you wear a jacket and a tie that the judge will mistake you for an attorney. It is okay if you and your attorney are dressed similarly. Attorneys dress formally to get the respect of the judge. You want to do the same.
Take this advice on what to wear in court, seriously. Court proceedings are formal, methodical proceedings, and judges tend to be very touchy about anything that they may see as a lack of respect.
Written by J. Erwin Dunlop and Diana Knowles Dunlop, Florida divorce law and paternity law attorneys at Dunlop, Dunlop & Dunlop, P.A., 2431 Aloma Ave., Ste. 150, Winter Park, FL 32792; phone (407) 628-4300; www.divorceorlando.net. Copyright 2013.
Ongoing Blog Topic: "How to Improve Your Chances at Getting the Best Outcome for Your Court Case." by attorneys, J. Erwin Dunlop and Diana Knowles Dunlop.
Wednesday, April 8, 2009
Divorcing in a bad economy or during the recession
Here is a question I have been asked a lot, recently: Should I go ahead and get divorced now, or should I wait until the economy gets better and my house and stocks go up in value, and then file? We hardly have any equity in our house, now, so neither of us can buy out the other, and we can't agree on what to do with the house. Plus, my spouse had a big 401K and other investments, and now those accounts are worth about half of what they used to be, and I want my fair share.
ANSWER: You and your spouse can enter into a marital settlement agreement that resolves all of the issues between you in a way that defers resolution of some issues to a later time. The separate issues in a dissolution of marriage action can be adjudicated separately, if the judge agrees to do that. So it is possible to dissolve the bonds of marriage, order child support and a contact schedule for the children, distribute some of the marital assets and debts, and reserve on final adjudication of equitable distribution of other marital assets and liabilities --for example waiting until a later time to decide whether to sell the marital home or whether one party will buy out the interest of the other. It is always better to resolve all the issues in a case at the time a final judgment is entered, else it is really only a partial final judgment because some issues were not resolved. A marital settlement agreement is supposed to resolve all issues between the parties finally and forever, so it is better to have a specific date by which the full and complete equitable distribution has to occur or else a fall back distribution will happen. This can be projected out a number of years to anticipate when the economy will recover. Each person's case is different, so each settlement agreement needs to be drafted to a particular set of circumstances found in a particular case, taking into consideration tax consequences and business and employment effects. You should consider that when a relationship between a husband and wife is irretrievably broken, the legal grounds to dissolve the marriage have accrued. The relationship is not going to mend, no matter how long the parties stay legally married. Adultery is still a criminal offense in Florida, even though it is seldom prosecuted, so marriage is a legal impediment to a married person pursuing another romantic relationship.
ANSWER: You and your spouse can enter into a marital settlement agreement that resolves all of the issues between you in a way that defers resolution of some issues to a later time. The separate issues in a dissolution of marriage action can be adjudicated separately, if the judge agrees to do that. So it is possible to dissolve the bonds of marriage, order child support and a contact schedule for the children, distribute some of the marital assets and debts, and reserve on final adjudication of equitable distribution of other marital assets and liabilities --for example waiting until a later time to decide whether to sell the marital home or whether one party will buy out the interest of the other. It is always better to resolve all the issues in a case at the time a final judgment is entered, else it is really only a partial final judgment because some issues were not resolved. A marital settlement agreement is supposed to resolve all issues between the parties finally and forever, so it is better to have a specific date by which the full and complete equitable distribution has to occur or else a fall back distribution will happen. This can be projected out a number of years to anticipate when the economy will recover. Each person's case is different, so each settlement agreement needs to be drafted to a particular set of circumstances found in a particular case, taking into consideration tax consequences and business and employment effects. You should consider that when a relationship between a husband and wife is irretrievably broken, the legal grounds to dissolve the marriage have accrued. The relationship is not going to mend, no matter how long the parties stay legally married. Adultery is still a criminal offense in Florida, even though it is seldom prosecuted, so marriage is a legal impediment to a married person pursuing another romantic relationship.
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