Insights into Family Court and Important Tips for Litigants
Discover invaluable advice for navigating family court efficiently and effectively, straight from the desk of Family Administrative Judge Diana Tennis. Learn about the critical rules, processes, and key steps from initial petitions to child custody considerations, ensuring a smoother legal journey for all involved parties.
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Presentation Transcript
INSIDE THE COURTS 2025 TIPS FOR FAMILY COURT FROM ONE OVERWORKED FAMILY COURT JUDGE DIANA TENNIS, FAMILY ADMINISTRATIVE JUDGE, NINTH CIRCUIT
Litigants want fast and helpful results! But that doesn t just happen.
THE RULES APPLY TO EVERYONE Rules before the trial Rules during the trial Following Orders Read All Orders !
IF WE CANNOT READ IT YOU WILL LOSE IF WE CANNOT READ IT- YOU WILL LOSE!!!!
BEFORE THE TRIAL A LOT OF THINGS HAPPEN! Pleadings drive everything Discovery Temporary hearings Negotiations Narrowing of Issues
DUE PROCESS: Everything sent to court or filed must be provided opposing side Judge cannot hear or see anything that everyone does not know about No surprises, evidence to be shared before hearings and trials
THE BEGINNING USUALLY A PETITION PETITION FOR DISSOLUTION / DIVORCE / PETITION TO ESTABLISH PATERNITY / MODIFICATION OF PARENTING PLAN OR SUPPPORT
Initial pleading served . personally constructive / co- resident by publication
DISCOVERY PERIOD Financial and otherwise
Financial Affidavits & Mandatory Financial Disclosure
Filing motions Readable Details Short
CHILD CUSTODY ISSUES: No custody we use timesharing No sole custody, almost always shared everything! 50-50 presumption under Florida Statute 61.13
Equitable Distribution Marital Assets and debts typically equally divided Non-marital assets can be part marital Non-marital assets can be co-mingled and become marital Most debts during marriage are marital, like student loans! Pre-nuptial agreements are enforceable
POTS AND PANS AND THE DOGS --THINGS JUDGES HATE (we love Fido, just not the fight)
Alimony - Florida Statute 61.08 Formula in statute Only if need and ability to pay is proven
Child Support is a formula: Both parties gross incomes Health insurance breakdown and costs Daycare costs Overnights
Enforcement: * Depends on how well agreement/order is written Contempt: * Means Court can use Jail. Support / Fees/ orders to do something . NOT equitable distribution Orders with Sanctions / Fees
Modifications: All child related issues Schedule and parental responsibility All Support issues Alimony and Child Support Need Substantial Change in Circumstances
Evidence NEVER your cellphone Provided to other side Relevance HEARSAY
Hearsay (law school in 2 minutes) Statement made by someone else Children Police Reports DCF Reports
