By: Robert Fraser, Esquire
Like virtually all other forms of litigation, a dissolution of marriage action proceeds on what the parties and their attorneys think a family law judge will do at the conclusion of a trial. Therefore, an experienced trial lawyer possesses a significant advantage by virtue of his or her knowledge of trial evidence and procedure to use in combination with the law of domestic relations.
Robert “Bob” Fraser, an attorney affiliated with Pilka & Associates, P.A. for 17 years, possesses a wealth of trial experience in family law, civil law and criminal law. He has tried literally hundreds of cases involving his three areas of expertise during more than 30 years of practicing law in Hillsborough County.
The trial of any case resembles the direction of a play. The trial attorney assumes the role of both an actor and a director. The combination of a case’s theory, theme and evidence can make a dramatic difference in the result reached on any given set of facts. The law cloaks the trial judge in a dissolution of marriage action with a substantial amount of discretion. Bob Fraser believes a well-tried case can make his client the beneficiary of the Court’s discretion.
Few family law cases proceed to trial since an extremely high percentage are resolved in settlement. The basis for an advantages settlement, though, arises out of the ability and willingness of a litigant to proceed to trial and prevail on the merits. In other words, a strong case for trial begets a strong case for settlement.
In addition to the trials of dozens of dissolution of marriage actions and post-judgment matters, Bob Fraser has the personal and professional experience to guide a client through the shoals of family law litigation. His insights include these:
- Whether a spouse remains in the martial home during a divorce case has no bearing on his or her ownership interest so long as the home was acquired during the marriage.
- Filing the first petition for divorce might make a litigant feel better, but it has no legal significance other than requiring the first to file to be responsible for paying the clerk’s fee, currently set at $363.00, and the expense of service of process, usually $20.00 to $50.00.
- If domestic violence appears to be the remotest possibility, the parties should separate rather than risk injury to one and jail to the other.
- Florida’s adherence to the doctrine of equitable distribution means that all assets obtained and debts incurred during a marriage must be divided equally upon divorce regardless of how they are titled.
- Be careful in valuing property lest you receive and suffer the detriment of over-valuing it.
- Reassure young children that first, they did not cause the divorce; second, both parents will be available to them; and third, both parents love them very much.
- Older children can be expected to manipulate their divorcing parents to the kids’ advantage.
- Any reduction in income soon before or after the filing of a divorce will be seen by opposing counsel and possibly the trial judge as an effort to avoid child support or alimony.
- Documents are lawsuits what bombs are to warfare. Acquire and retain as many documents – checking and saving records, bills, receipts and all similar documents – if divorce appears possible.
- Florida courts treat adultery as the symptom of a broken of marriage, not the cause of one. Its only significance requires the adulterous spouse to compensate the other partner for half of the amount spent on the paramour. Good luck establishing the amount.