Timing, as they say, is everything in life; the same is certainly true in the realm of Family Law matters. The various Volusia County Family Law rules and statutes are rife with time designations and triggering events which, if overlooked, can greatly impact the result in any given case.
For example, in Florida’s relocation statute, relocation is defined, in pertinent part, as “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing.” Why is this important? Well, if you’re a father whose paternity has not yet been established, the mother can take the children and move wherever she wants if you have not yet at least filed a petition to establish your paternity. Of course, your relationship with your children will be adversely impacted if you live in Volusia County, Florida and the mother and children move to Seattle, for example. In contrast, if you don’t dally and you file your paternity petition prior to the mother’s relocation with the children, she would have to comply with the requirements of the relocation statute; if you do not agree to the move, she would need to petition the court to allow the relocation. You’d be entitled to a full evidentiary hearing on the matter and there is a good chance her petition would be denied.
Another example of the importance of timing is found in Florida’s equitable distribution statute, which includes a bright line rule for setting the date to be used for the classification of marital assets and liabilities. Absent a valid separation agreement, the date the dissolution of marriage petition is filed is the cut-off date for determining what is marital property, and thus subject to equitable distribution. Sometimes spouses separate but procrastinate in filing the dissolution of marriage petition. This delay in filing can be costly to the spouse who continues to accumulate assets through her/his own efforts after separation but before the dissolution of marriage petition gets filed.
Motion for Relief From Judgement
Perhaps you’ve already received a final judgment in your family law case, but believe that judgment should be set aside due to mistake, excusable neglect, or fraud? Although there are some exceptions, in general, a motion for relief from judgment should be filed not more than 1 year after the judgment was entered or you will be time-barred.
Timing and Volusia County Family Law
Again, Volusia County Family Law is laden with limitations on time and the filing dates of the various petitions and motions can be critical; these few examples barely scratch the surface. Don’t procrastinate on your Family Law matter. Ensure the best possible outcome in your case by scheduling a consultation with one of our experienced Family Law attorneys today.
“The Trouble is, You Think You Have Time.” – Jack Kornfield