Divorce Coach Lee Wright caught up with our very own Tom Marks again recently. To read more about their previous conversation on Collaborative Law, CLICK HERE. Lee Wright strives to help her Clients and address any questions they may have, especially in the early stages of Divorce. She recognizes that it can be intimidating for someone to contact an Attorney. Keep reading to learn more about Tom Marks and his approach to Divorce and Family Law cases in Orlando, Florida.
Lee: “Tom, please tell my audience a little bit about yourself and your background as an Attorney, in case they missed our initial discussion on Collaborative Law.”
Tom: “Sure. First off, thank you for having me again. I always enjoy being on your YouTube channel. So, for those who may not know, I’ve been practicing law coming on 39 years believe it or not. In March we will celebrate 33 years of service at The Marks Law Firm. Our office is located at 733 North Magnolia Avenue, which is in Downtown Orlando. All of our Attorneys practice exclusively Family Law. I am passionate about Collaborative Law specifically, but our firm also handles Litigation cases.
Lee: “What type of Clients would be an ideal fit for your practice?”
Tom: “We make sure our Clients come into the Family Law process with realistic expectations. They share our Core Values. Ultimately, we want to do good work for good people, whether that is through the Collaborative approach or Litigation. Our Mission is: To Honor God and Faithfully Represent our Clients with Great Leadership, Attitude, Excellence and Teamwork.”
Lee: “So when one Spouse files for Divorce or hires an Attorney, and paperwork is filed to start the Legal process, what happens next?”
Tom: “Let’s say the Family Law Client has been served with the Petition for Dissolution of Marriage (Divorce) that’s what’s filed by the other Spouse in the Court. At this point, the time clock starts, meaning the recipient of the pleading (the Petition) has 20 days to respond in writing to the Clerk of the Court.
Lee: “If that person who was served doesn’t have an Attorney yet, can they go to the Courthouse and have them help them respond? If they don’t have time to hire an Attorney?
Tom: The Clerk may not be able to help. It’s really better for the Respondent to at least have a consultation with an Attorney. He or she can advise the Respondent and let them know if it is appropriate to file an Answer, a Motion to Dismiss, etc. within 20 days.
Lee: “Is the 20 days specific to Florida? Does each state have a different timeline?”
Tom: “So since I am licensed to practice in Florida, I’m not permitted to give Legal advice regarding other states. I can only talk about Florida.
Lee: “That is helpful to know. What are the options for serving Divorce papers?”
Tom: “When a potential Client comes in to see me and they’re considering Divorce or they think their Spouse is, I can call the other Attorney and tell them we’ll accept service for the Client so then there’s no need for a process server to hunt down the Client or embarrass them at work, in the community, or at home. The Attorney can accept the service for the Client. A letter from the other Attorney to the Client is not sufficient to start the process. Either a process server is involved, or the Attorney accepts the service.
Lee: “What about if a couple wants to try to hire a Mediator first and see if they can how far they can get through the process? Does the Mediator then do the filing for both parties or do they have to figure that out on their own?
Tom: “That’s a good question. This is an option that I’ll discuss with Family Law Clients when they come in. If a Wife comes in and knows her Husband will move forward with the Divorce amicably and they want to do everything with minimal cost, we could help them connect with a Mediator. It is important to know that Mediators are not allowed to give Legal advice. Even if the Mediator is a licensed Attorney, rules prohibit them from offering Legal advice. However, the Mediator could help the two Spouses work out the details of the Settlement Agreement (Parenting Plan or Marital Settlement Agreement) and add a provision making it subject to an Attorney’s approval within a specified time period if they want. Then the Client would meet with an Attorney to review the Agreement. To answer your question, the Mediator typically will not do the filing for them. One of the Spouses still must file the Petition for Dissolution of Marriage.
Lee: “Can we talk about Financial Affidavit? What happens if one Spouse is not providing all of the documentation necessary?
Tom: “In a situation where I don’t receive documentation for the Financial Affidavit, I would call Opposing Counsel and inform them that their Client needs to produce it. Otherwise, we’re going to file a Motion to Compel and seek Attorney’s fees. Often, I tell my Clients that the Financial Affidavit is the most important document related to their case.
To learn more about the Financial Affidavit, CLICK HERE to read additional blog content.
If you are in need of a Family Law Attorney to discuss Divorce or move forward with filing Dissolution of Marriage paperwork, contact us at (407) 872-3161.