What Happens After My Case Is Over?

Probation - Your sentence may include sanctions discussed above, including, but not limited to, community service hours, fines, court costs, self-improvement classes, substance abuse and/or psychological evaluations and recommended treatment. These sanctions can be made special conditions of successful completion of your term of probation. While on probation, you may be required to meet with a probation officer on a weekly or monthly basis, be restricted in your ability to travel, consume alcoholic beverages, frequent establishments that serve alcohol, and submit/or to random drug testing.You may also be required to provide proof of your full-time school enrollment or employment.

Violation Of Probation - Should you fail to complete the requirements of your probation or commit a new law violation while on probation, your probation officer may file with the Court a violation of probation report. Such a report may result in the judge issuing a warrant for violation of probation (VOP). A violation of probation acts as a new crime for which you can be arrested and held without bond.

Appeals -At the completion of your case, as part of imposing a sentence, the Judge will advise you of your right to appeal your case. Should you be convicted following trial,  you would be entitled to appeal any mistakes of law made during the trial. In the case of a conviction at trial or entry of a plea of guilty or no contest, you may appeal any unlawful sentence, that is, a sentence which departs from the sentencing guidelines. Any appeal of your sentence must be filed within thirty days by an attorney qualified to handle an appeal for you.

Modification Of Sentence - Should circumstances arise following your sentencing which create a hardship or impossibility to complete the sentence, you may ask the court to modify your sentence, so long as this request is made to the court in writing within sixty days of entry of the sentence.

Record Sealing/Expungement - At the conclusion of your case, you may qualify to have your criminal record sealed or expunged if you obtained a not guilty verdict, withhold of adjudication, nolle prosequi (dismissal), or a no information notice. The effect of a records sealing/expungement would be to clear your record of any reference to the crime for which you were arrested. Obtaining a records sealing/expungement requires that a petition be filed with the court which originally handled your case. That Judge in his/her discretion may grant your request to have all references to your charge be removed from the public record. As a result of a sealing/expungement, you would be entitled to deny on job and/or school applications the existence of the charge.

How long will my divorce take?

The duration of divorce proceedings is directly related to the complexity of the marital issues and the motivation of the parties. When all marital issues are agreed upon by the parties, a divorce may be completed in a matter of weeks or months. Should the marital issues result in significant disagreement of the parties, the process of identifying, exploring, and resolving those issues through agreement, mediation or trial may take many months or years.

Where should my divorce be filed?

A petition for dissolution of marriage must be filed in the state and county where either party has been a full-time resident for more than six months prior to the filing and where the parties last resided as husband and wife. Filing the divorce in the wrong state or county may result in the petition being dismissed.

How is child support calculated?

Child support is calculated under Florida law based upon the combined net income of the parties. Factors which affect the child support calculation include, but are not limited to, which party provides health insurance, the cost of day care, the number of children and the amount of contact the non-custodial parent has with the child(ren).

Do I have to obtain the agreement of my spouse to get divorced?

No. The standard under Florida law to grant a divorce is the finding that the marriage is irretrievably broken. While it is not uncommon for one party to object to the granting of a divorce, the court can nevertheless find that the marriage cannot be saved and grant the divorce over one party’s objection

Can either a father or mother get custody of children in a divorce?

Yes. The Florida Statutes governing custody are gender neutral, meaning that either a man or woman can be designated as the primary residential parent. Courts will routinely look to the history of the marriage to determine which parent has been the primary caregiver and the current ability of either parent to act as the primary caregiver.

Does it matter who files first for divorce?

No. Either a husband or a wife can bring a petition for dissolution of marriage. In some circumstances the party against whom the petition is filed may bring a counter petition for dissolution to address issues not raised in the petition. There is no benefit to winning the footrace to the courthouse, as the court will not view one party as more deserving of the relief they request based solely upon their filing first.

Is common law marriage recognized under Florida law?

Not unless the parties began to cohabitate continuously before 1970. Any issues regarding distribution of property are not generally addressed under Florida matrimonial law. Custody and support issues regarding minor children are addressed under the paternity portion of Florida law.

Is there such a thing as a legal separation?

No. Unlike many states which require a cooling off period before filing for divorce, Florida law has no such legal requirement. Upon physical separation of the parties, temporary agreements as to distribution of assets and liabilities and care of children can be made before the finalization of divorce.

My spouse will not leave the marital home. How can I get my spouse to leave?

In the absence of domestic violence (where one party may obtain an Injunction for protection from domestic violence), or agreement of the parties that one party will leave the marital home, both parties have equal legal right to the marital residence and neither can be compelled to leave without agreement or order of the Court. In most instances, the Court will not entertain a motion to have one party leave the marital home until after the petition for dissolution has been filed and the parties have tried to resolve the matter through negotiation or mediation.

Under what circumstances am I entitled to alimony?

To qualify for spousal support, a marriage must be of relatively long duration (greater than 10 years at a minimum) during which time one spouse has sacrificed earning for the benefit of the other. A spouse will need to establish his or her need for support, which the other spouse has the ability to pay. Alimony may be paid periodically until either party dies, or the receiving spouse remarries. Alimony may also be ordered to be paid in a lump sum or until the receiving spouse rehabilitates her earning ability, thus removing the need for support.

Wife refuses to sign Uncontested Dissolution
I served my wife with divorce papers for a Uncontested Dissolution in Orange County, Florida as we both had previously agreed on. Now she refuses to sign, what can I do next?

The characterization of your divorce as "contested" or "uncontested" is not the principal issue in resolving your marital issues. If you have affected "service" upon her by having a server or deputy hand her the petition, you have begun the process of getting a divorce. That process server should provide you with an affidavit attesting that he handed the paperwork to your wife. It is now her responsibility to file an answer to the petition within 20 days. If, however, you understood that your wife would agree to the terms of your divorce, and relying upon that you handed or mailed the petition to her that she now refuses to acknowledge, you will need to obtain service as described above. If this has now become contested, you may wish to consider retaining an attorney who can help you with the process.

• Write down the names, addresses and telephone numbers of all drivers and witnesses involved.
• Do not admit fault or discuss the accident with anyone until the police arrive.
• Once the police arrive, provide all requested information and give a detailed explanation of your version of the crash.
• Do not argue with the officer, even if he/she invites you to do so.
• Sign any citation if requested to do so by the officer.  Signing of a citation does not admit liability but merely acknowledges receipt of the ticket. Failure to sign a citation may result in your being arrested for failure to obey a lawful command of a police officer.
• Be sure all damage to your vehicle is recorded by the officer.
• Have all of your complaints of injury documented as well.
• Accept first aid if necessary.  It is not uncommon for your injuries to take 24-48 hours to become apparent.  Should injuries become more apparent after leaving the scene, seek an examination with your physician or the emergency room of your local hospital.  It is important to document your injuries as soon as possible after the collision.  Failure to do so may jeopardize any later claim you may choose to make.
• When possible, memorize the damage to your vehicle and your injuries by taking photos or videos of them. Use your cell phone if you have one.
• Contact your insurance carrier as soon as practical and cooperate with their investigation of the collision.

What is juvenile law?
The Juvenile court system is divided into two distinct legal areas.

In the dependency system, The D.C.F.S., the Department of Children and Family Services, (previously called HRS) will respond to accusations that a child is in danger of abuse or neglect. A petition can be filed with the Court requesting that the child(ren) be removed from the home and placed into a shelter, foster care home, or placement with a relative pending a determination as to the nature and extent of the accusations. Once the danger of abuse or neglect has been addressed, and remedied, the Court will return the child(ren) to the family.

The delinquency system is designed to resolve crimes committed by juveniles. Juveniles have the same constitutional rights as adults. Cases are handled by prosecutors and children are entitled to challenge the evidence against them in a trial before a judge, who will also determine what an appropriate punishment would be if the charges are proven. Unlike the adult system, penalties are generally directed toward rehabilitation rather than punishment.

Most first time juvenile offenders may qualify for one of several diversion programs designed to address the source of the child's illegal behavior while protecting a child's juvenile delinquency record by removing the charge after successful completion.