Florida is home to one of the largest populations of homeowners’ associations, and the main responsibility of these associations is to establish rules and regulations regarding how the community operates in order to ensure that property values stay at a certain level. As a result, there are inevitably a number of disputes that regularly occur between associations and members, who want to make alterations to their property, but cannot necessarily do so if the act violates those rules and regulations put in place to keep everyone’s property values high.

One of the issues that we as homeowners’ association attorneys regularly see involves homeowners wanting to put up solar panels. While the Florida Solar Rights Act forbids associations from prohibiting the installation of solar or other energy devices on buildings, associations may require approval of a system installations, and may put in place “reasonable” restrictions for those installations. Associations also cannot prevent the installation of solar collectors on roofs, nor can they impose restrictions that, in effect, impair the performance or increase the cost of the overall system. However, they can determine the specific location where solar collectors may be installed on the roof, as long as this does not impair the operation of the collectors.

Florida Code Leaves Reasonability to The Association

Still, the code leaves plenty of deference to associations to do what they need to do in order to ensure that solar panels and other devices are not installed so as to affect the value of surrounding homes. This means that a number of requests will have to be rejected if they do not conform with an association’s reasonable restrictions, such only being allowed to be installed on the back—not the front—of houses. In addition, some solar companies may determine that having to conform with an association’s rules mean that a project is going to cost more, which is also something that homeowners will occasionally challenge associations on.

Because the code does not define what “reasonable” means, this allows associations do what they need to do to protect and preserve home values in the association. And associations have that leeway to do so precisely because homeowners choose to purchase their homes within the association, already knowing what the rules are, as they are laid out in the covenants. In other words, they’ve already contracted to abide by those rules and regulations for the sake of their property values and those surrounding them.

Contact Our Professional Legal Team for Assistance

HD Law Partners provides the very best in legal advice and representation for Florida homeowners’ associations. If you have a question or potential dispute concerning an alteration such as solar panels or any other device, contact our Tampa homeowners’ association attorneys today to ensure that your association is properly protected.

Resource:

https://flaseia.org/education/solar-laws/florida-home-owners-solar-rights-act

How Florida Homeowners’ Associations Can Safely Manage Coronavirus-related Legal Concerns

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Clarifying the Florida Supreme Court’s March Administrative Order suspending the requirement for clerks to issue writs of possession, in April, Gov. Ron DeSantis signed an executive order suspending evictions and foreclosures for 45 days (from April 2) due to the coronavirus pandemic. While landlords have been sending out eviction notices at this time, they will only be executed once the moratoriums are lifted. It is also important for tenants to note that they are still contractually obligated to pay any back rent owed; usually within five days.

Still, there appears to be confusion as to whether DeSantis’ Order only applies to residential tenants or both commercial and residential tenants. The Order specifically suspends and tolls any statute providing for:

• A mortgage foreclosure cause of action under Florida Law for 45 days from April 2; and
• An eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from April 2;

Indicating that the order does not apply to commercial tenants.

Commercial Landlords May Still Be in Need of Creative Options If Tenants Are Having Difficulties at This Time

Still, because a number of non-essential businesses have been forced to temporarily close, it is entirely possible that commercial tenants will still have difficulty making rent payments. Some commercial landlords have announced that they can offer rent relief to commercial tenants/businesses that have closed to the virus pandemic. Other landlords dealing with commercial tenants who cannot pay rent at this time may, instead, want to consider other options if it appears that a commercial eviction proceeding may take too long due to a number of courts being closed except for emergencies, such as a modified payment schedule; as long as any and all requirements detailed in the lease are still being followed.

If You Try to Enter into A Modification Without an Attorney’s Assistance, There Can Be Issues Later On

If you are a commercial landlord in need of assistance with a modification like this in order to get through this time until the courts reopen, it is still imperative that you work with a commercial landlord attorney, as any modification to the lease has to be done in writing and signed not only by the landlord and tenant, but also any guarantors. You will also want to thoroughly discuss and carefully consider the potential implications associated with agreeing to amend the lease so that you do not suffer from any unintended consequences. FIrst and foremost, always make sure that you do not agree to anything informally via email correspondence.

Our Florida Commercial Landlord & Tenant Attorneys Are Available at This Time to Help

If you have any questions about your commercial lease, enforcing it, or handling an eviction proceeding at this time, contact our Tampa commercial landlord and tenant attorneys at HD Law Partners to ensure that you are on the right path. We are still working through this time to ensure that clients have all of their legal questions and concerns addressed, and we can offer consultations over the phone so as to ensure safety.

Resource:

flgov.com/wp-content/uploads/orders/2020/EO_20-94.pdf

clickorlando.com/news/local/2020/04/10/despite-notice-florida-tenants-cant-be-evicted-during-governors-moratorium-on-evictions/

floridasupremecourt.org/content/download/632431/7186205/AOSC20-17.pdf

Proposed Legislation in Florida Would Alter Requirements for Commercial Landlords When It Comes to Emotional Support Animals

Posted in Landlord Tenant | No Comments »

The coronavirus has brought a whole new type of family law dispute into relevance when it comes to custody issues. A number of doctors, first responders, and other healthcare workers here in Florida have found themselves subject to emergency court orders, whereby they can very quickly lose shared custody of their children simply due to their profession until the pandemic is over.

Take one doctor in South Florida who was the subject of an NBC Miami story and whose child’s father requested and received an emergency order granting him sole custody entirely related to the COVID-19 outbreak even though she tested negative for the coronavirus because the judge deemed that it was necessary to “protect the best interests of the minor child,” including the child’s “safety and welfare.” While that same doctor was able to successfully appeal the emergency order, winning a return to their 50-50 shared custody arrangement while they await a final ruling, she and many others who are divorced parents are either in constant panic or busy fighting these orders, suffering through disrupted lives while they try to help those battling the virus during their workday and custody rights during their personal time.

Under What Conditions Are Judges Granting Emergency Orders Like These?

Healthcare professionals on the receiving end of these orders have been shocked that judges would grant them without knowing any details regarding what the healthcare parent’s work environment is like, what precautions are being taken to make sure that the virus is not contracted and brought home (i.e. personal protective equipment, negative tests, stripping and washing before entering the home, etc.), what the negative psychological effects on the child could be, etc.

Taking Every Precaution to Protect Yourself & Your Family If You Work On the Frontline

For those who are healthcare professionals that could possibly come into contact with the virus, or who live with or share children with professionals who do, the American Medical Association shared some tips on how to protect your family from COVID-19 from Dr. Rupp, who has published hundreds of articles on infectious disease control. Most of what Dr. Rupp recommends involves taking precautions at work, including:

• Making sure that anyone who comes in is immediately taken to be evaluated and screened for any fever or respiratory disease
• Using the right respiratory protection, including droplet protection, gloves, gowns, and N95 or other protection
• Minimizing patient contact, where possible, through telehealth or other electronic means
• Utilizing engineering solutions, such as intubation boxes, to decrease the risk of personnel coming into contact with infected secretions, where possible
• Providing personnel with personal protective equipment, including masks, gowns, gloves, and respirators
• Instructing everyone to wash their hands and avoid touching their face

In terms of the transition between work and home, Dr. Rupp also suggests that doing the following can be helpful:

• Changing your clothes immediately before entering your home and placing those clothes through the normal laundry
• Washing your hands as soon as you get home
• Avoiding sharing toothbrushes, utensils, bowls, cups, and plates 

According to these experts, there is no information to indicate that if you are using gloves and gowns at work, that there are any concerns about bringing the virus home on clothing.

If You Have Any Questions or Concerns, Contact Our Florida Family Law Attorneys

If you or a loved one has any questions or concerns about a family law issue at this time, our Tampa family attorneys are available to make sure that your concerns are addressed. Contact us at HD Law Partners today to find out how we can help.

Resource:

nbcmiami.com/news/local/coronavirus-concerns-lead-to-custody-battle-for-south-florida-doctor/2218466/

ama-assn.org/practice-management/physician-health/how-doctors-can-keep-their-families-safe-after-providing-covid

ama-assn.org/practice-management/physician-health/how-doctors-can-keep-their-families-safe-after-providing-covid

Family Law Issues in The Time of the Coronavirus

Posted in Child Custody | No Comments »

Everyone around the world is feeling the impacts of the coronavirus, whether you are looking at business closures, working remotely from home, children’s schools closing, hospitals, or a number of other everyday regular fixtures in our lives. However, no one was really prepared for the virus to affect family law issues, such as divorce and parenting plans. A number of schools here in Florida closed and are not going back for the rest of the academic year, while others are closed until at least April 15.  As a result, most parents found themselves staying at home for coronavirus seclusion with their kids during the first few days of the lockdown, and then perhaps transitioning the kids to the other parent as part of their time sharing plans.

Yet because there is no “pandemic clause” in a divorce agreement, a number of parents are also now experiencing severe anxiety when it comes to these custody issues and the regularly-scheduled transitions between parents. While their parenting plans may cover ‘normal’ days, they, by no means, cover what is happening at the moment with the coronavirus. In fact, in some states, it has become such an issue that some state Supreme Courts have had to weigh in and dictate that divorced couples follow originally published school schedules.

The Many Challenges Arising for Families During This Crisis

Still, this does not address a number of unique circumstances that have come up for families; for example, one couple, whereby a parent just returned from international travel and was supposed to be quarantined for two weeks, but was also supposed to have his child for regular visitation at the same time. As a result, he reportedly insisted on taking the child for regular visitation during this time, without being quarantined, over the mother’s objections. Another family experienced one parent taking the child out of the country in violation of their agreement because the parent reportedly felt that the United States was not safe. Also hanging in the balance for a number of Florida families are alimony, child support, and other divorce-related issues, including modifications related to property division issues.

Our Florida Family Law Attorneys Are Working Through These Times to Provide You with Assistance

At HD Law Partners, our dedicated Florida family law attorneys are working through these times to help ensure that you have help during these emergency times. Although there are some court closures and restrictions in light of the coronavirus, there is still a certain amount of family law work that can be done; for example, changes to parenting plans done via negotiations and, eventually, mutual agreement.

We understand how these situations can impact almost every aspect of your life. Allow our Tampa family attorneys to use our professional skills and experience to help you during these difficult times. Contact our office today to find out more.

Resource:

kfgo.com/2020/03/20/your-money-separation-anxiety-divorce-money-and-coronavirus/

nbcmiami.com/news/local/florida-school-campuses-closed-until-at-least-april-15-testing-canceled/2207179/

cnn.com/2020/03/18/us/coronavirus-schools-not-going-back-year/index.html

Needing a Divorce in the Time of the Coronavirus: How to Protect Yourself

Posted in Family Law | No Comments »

Commercial eviction proceedings have been complicated by the coronavirus, as more and more cities and states pass emergency laws barring evictions of tenants, as well as foreclosures, in some instances, all while landlords are still expected to finance mortgages and satisfy their lenders. This includes Florida, where, in late March, the state Supreme Court issued an administrative order that will affect evictions and foreclosures.

As a result, it is important for landlords to review their leases with commercial landlord attorneys in order to ensure that they understand their rights and are prepared in terms of how any new laws and court decisions have altered those rights. Landlord attorneys can also assist landlords in coming up with creative solutions by agreement, such as partial base rent abatement and/or a repayment schedule, for example, and in researching other options, such as finding out if certain commercial tenants have business interruption insurance policies that can provide coverage during this time. At the same time, landlords will of course also have to consider obligations to their lenders and the effects any lease modifications they enter into will have on their loan covenants, and commercial landlord attorneys can review loan documents so that they are aware of the requirements and what is they need to do in order to ensure that they are in compliance.

“The Requirement… For Clerks To Issue Writs Of Possession… Shall Be Suspended Through April 17”

Unfortunately, when it comes to the recent “COVID-19 Emergency Measures in the Florida State Courts,” it is still very unclear – even to the clerks of the court – how exactly the change to the writ of possession applies. The order either suspends, or provides clerks with the option to suspend, issuing writs of possession through April 17. Writs of possession are used by law-enforcement to evict a tenant and transfer ownership back to a landlord, as well as remove residents from a foreclosed property and transfer the property to its new owner.

Thus far, most of the clerks’ offices in Sarasota and elsewhere have interpreted the order as requiring them to temporarily stop issuing writs of possession, which essentially means putting evictions on hold. However, several others have also indicated that the order contradicts state law, which dictates that, if a judge sides with a landlord or a buyer in a foreclosure, clerks have to issue writs of possession, and only the legislature has the right to change this. Meanwhile, the federal government has already halted evictions and foreclosures on any properties owned by the federal Department of Housing and Urban Development.

If You Have Questions, Contact Our Florida Commercial Landlord & Tenant Attorneys

There is no question that there is a significant amount of confusion amongst Florida landlords and tenants right now when it comes to both eviction and foreclosure. If you have any questions about these issues in Florida, contact our Tampa commercial landlord and tenant attorneys at HD Law Partners today to ensure that you are on the right path.

Resource:

natlawreview.com/article/coronavirus-challenges-commercial-landlords

floridasupremecourt.org/content/download/632431/7186205/AOSC20-17.pdf

tampabay.com/news/health/2020/03/27/evictions-foreclosures-could-be-halted-under-florida-supreme-court-coronavirus-order/

Understanding CAM Charges Is Essential for Florida Commercial Landlords

Posted in Homeowners Association | No Comments »

Increasing issues associated with COVID-19, the coronavirus, have caused a number of issues in Florida to the point where Governor DeSantis had to declare a State of Emergency. At this point, there is not only an increased risk to the elderly and those with compromised immune systems, but to everyone, as we know so little about the transmission of the virus and how it operates.

As a result, we are receiving a number of questions from parties with concerns surrounding the coronavirus; one of them being homeowners’ associations and boards that are concerned about how the virus might affect their residential communities and what can be done to protect them, as well as any management issues that could arise as a result.

Consult an HOA Attorney & Maintain Balance by Taking Precautions but Not Overreacting

It is important that associations do not take drastic measures such as prohibiting anyone who has traveled to certain areas from returning to their homes or pursuing emergency statutory powers without first consulting a homeowners’ association attorney. Instead, it would be better to try and strike a balance between ensuring that associations are not negligent in ignoring the threats that the virus poses – especially when it comes to certain communities with open layouts, whereby residents are constantly coming into contact with each other in common areas – and overly restrictive protocols that unnecessarily restrict residents’ freedom, which could lead to legal challenges.

Suggested Safety Measures

Below, we discuss some suggested points and protocols that could be discussed and pursued in terms of basic preventative and safety measures to protect residents in homeowners’ associations:

• Ask residents to limit all guests and be on the lookout for any short-term rental activities that could be violating governing documents, such as Airbnb rentals
• Place hand sanitizer stations in areas with high traffic
• Educate residents about travel-related exposure
• After meeting with counsel and your board to discuss any emergency powers that the board may need to utilize in order to protect residents, also discuss any rules or actions that should be taken concerning the use of common areas, including any social events that need to be canceled in order to protect residents’ health. If there are concerns about how to hold board meetings given concerns over the virus, note that you may be able to explore the use of in-house cable channels to broadcast the meetings so that residents can view them in their homes, instead, more safely
• Make sure that you have updated emergency contact information for all residents
• Let residents know that if they have any questions or concerns, they can contact the Florida Department of Health hotline at 1-866-779-6121

Contact Our Florida HOA Attorneys with Any Questions or Concerns

Homeowners’ associations play important roles in not only managing the operations and upkeep in these communities, but also in ensuring that residents are properly protected. At HD Law Partners, our Tampa homeowners’ association attorneys provide knowledgeable, proactive legal representation that associations can count on. Contact us today to find out more.

Resource:

insurancejournal.com/news/southeast/2020/03/11/560811.htm

miamiherald.com/news/business/real-estate-news/article240916146.html

Court Allows Tenant Harassed by Another Tenant to Hold Landlord Liable

Posted in Homeowners Association | No Comments »

There is no question that the coronavirus quarantine is placing a strain on a number of relationships, and has made some realize that divorce is their only option for moving forward with their life. One of the main stressors involves people losing their jobs and/or a percentage of their net worth as a result of the quarantines and market upheaval. Some separated parents who are not yet divorced are also finding themselves in compromised situations due to the virus, whereby they now have new concerns about the other parent spending time with their children, which is also speeding up a desire to move forward with divorce. Some in the throes of divorce are even now find themselves living in the same house together due to the timing of the quarantine, and a percentage may be stuck in an abusive situation, not necessarily able to run to a friend or family’s home for shelter due to social distancing concerns. Those at risk of physical abuse are especially vulnerable now right now and may not be able to seek out medical help by going to the hospital due to virus concerns.

During this time, it is important for people to realize that filing for divorce is not an option, as any judges that are making themselves available are doing so only for emergencies such as domestic violence. Still, it also makes sense to discuss these issues with a divorce attorney as soon as possible so that as soon as the cloud lifts and the courts reopen, you are ready to go, do not suffer from the backlog, and are using this time to prepare and protect yourself. This could also be important for some because they will want to get the divorce filed before certain assets start to increase in value again and some services may be available at the moment even though you do not realize it. For example, restraining orders are still considered essential services: Even with a pandemic, courts can order abusers to move out of the home, and some courts are even getting creative and finding ways to use technology to allow some documents to be e-filed and allow people to attend court via video conference.

Using This Time To Plan Creatively & Anticipate How The Virus Will Affect Divorce

Your attorney can be helpful in trying to come up with a creative, effective solution to help you in the short term in the event that whatever you need cannot be filed at this time. For example, some may want to plan for the possibility of mediation or alternative dispute resolution as a potential solution to the court closures and backlog. In addition, most-everyone will likely want to discuss what to do about any financial fallout that has occurred to investments and financial obligations due to the coronavirus, including any changes to the job market that might affect post-divorce plans and any potential child support payments.  If this specifically affects you, you and your attorney may also want to discuss preemptively addressing the court about child-related financial obligations, as child-support cannot be modified once that the payment becomes due. it is also important to realize that any property division issues that include selling the family home also will also be affected by the virus.

In sum, consider taking the following considerations and steps into account in order to help your peace of mind this time:

• Plan for how you will pay for your living expenses during and after divorce
• Plan for any business evaluations, home appraisals, etc. to be revalued
• Assess what is likely to be affected by the virus and plan accordingly with your attorney, such as financial settlements, divorce settlement proposals, any plans to sell your home, co-parenting arrangements, child support payments, etc.
• Understand the specifics of how the virus is going to affect your divorce timeline and any corresponding financial repercussions, and update your financial documents accordingly

Contact Our Florida Family Law Attorneys for Help

Family court issues can already be difficult enough without also having to deal with the stress brought on by the coronavirus. When it comes to divorce and other family law issues, you need an experienced Tampa family attorney on your side to help ensure your best chance for success. Contact HD Law Partners today to find out about our family law services and our dedication to our clients.

Resource:

forbes.com/sites/heatherlocus/2020/04/01/6-ways-the-coronavirus-can-infect-your-divorce–and-simple-steps-to-protect-yourself/#40156f632b65

fastcompany.com/90484695/i-could-knife-him-in-the-back-what-its-like-seeking-a-divorce-during-coronavirus

nypost.com/2020/04/03/sick-of-you-lawyers-see-coronavirus-divorce-uptick/

Preparing for A Divorce Deposition

Posted in Divorce | No Comments »

The issue of the coronavirus potentially causing business losses and a number of U.S. companies thinking that their insurance policies cover this loss of revenue due to the outbreak will likely be a significant source of insurance bad faith litigation as we face more and more losses due to the virus. According to the Organisation for Economic Cooperation and Development, if the virus continues along its current path, it could cut the year’s global growth by half to 1.5 percent for the year, causing a $1.5 trillion loss due to the disease.

Business Interruption & Contingent Business Interruption Insurance Policies

Many are estimating that these losses will be greater than disasters such as Hurricane Katrina, but less likely to be insured. This is because while most-all companies have business interruption insurance as part of their insurance policies in order to cover operations losses when business has to halt unexpectedly, these policies are almost always linked to “direct physical loss or damage” as the definition of what constitutes loss that validates payment, and quarantines do not cause physical damage in the same way that a fire or earthquake does.

This same logic also essentially applies to contingent business interruption insurance policies, which cover disruptions due to policyholders’ suppliers. Even if some insurers do agree to cover decontamination costs after an outbreak, they tend to tightly regulate these costs, having strict ceilings and limits on how much they pay out to cover them. This is likely due, in part, to disasters linked to SARS, Ebola, and Zika outbreaks, all of which lead to a number of business interruption claims that became unwieldy such that a number of insurance companies took steps to explicitly exclude outbreaks from business interruption claims in contracts. Some companies even took steps to come up with a specific, separate type of business insurance that was specific to outbreaks like these and which is designed to kick in when deaths due to an epidemic reach a certain threshold or when a particular event occurs, such as a travel ban or government shutdown, where the business chooses the event and customizes the insurance policy based on its own assumption of risks.

Florida Insurance Bad Faith Attorneys Representing Insurance Carriers

Still, in spite of these clear policy limits spelled out in insurance contracts and insurance companies only being enabled to pay out benefits where coverage and liability are clear, a “storm” of litigation is expected over this issue as companies try to get around these exclusions, potentially arguing that an outbreak epidemic constitutes “physical damage” to the workplace.

HD Law Partners represents insurance carriers when there are good faith disputes over coverage, damages, or liability, as well as defense of claims alleging insurance bad faith or plaintiffs seeking extra-contractual liability. Contact our Tampa insurance bad faith attorneys today with any questions you might have about our services.

Resource:

nytimes.com/2020/03/05/business/coronavirus-business-insurance.html

oecd.org/economy/global-economy-faces-gravest-threat-since-the-crisis-as-coronavirus-spreads.htm

Latest Trends in Insurance Litigation

Posted in Insurance Bad Faith | No Comments »

How Florida’s Business Judgment Rule Protects Corporate Directors

One of the main reasons that people create a legal entity for their business, such as a corporation or a limited liability company, is for liability protection. That is to say, such entities shield individual owners or directors from personal liability for actions taken by the business as a whole. An aggrieved party can therefore only seek monetary damages against the entity itself.

To strengthen this concept, American law has long recognized a principle known as the business judgment rule. This basically states that a judge (or jury) should not second-guess business decisions made by the directors or managers of a company, presuming they acted in good faith and within the scope of their legal authority. For example, a person cannot sue the individual members of a corporation’s board of directors simply because he disagrees with a business decision made by the board as a whole.

While the business judgment rule has long been recognized by the courts as part of the common law, it has also been codified by the Florida legislature. Section 607.0831 of the Florida Statutes expressly provides that a director is normally “not personally liable for monetary damages to the corporation or any other person” with respect to their actions (or inactions) as a director. Again, there are exceptions, such as for bad faith or where the director obtained an improper benefit from their actions.

Florida Appeals Court: Defendant Not Required to Plead Business Judgment as an Affirmative Defense

Section 607.0831 broadly applies to the directors of corporations, LLCs, and non-profit corporations. The Florida courts, however, have extended its provisions to also cover certain “common interest associations.” For instance, the Florida Third District Court of Appeals recently noted the business judgment rule also protects the decisions made by a condominium association’s board of directors.

The case before the Third District, New Horizons Condominium Master Association, Inc. v. Harding, involved what it described as a “garden-variety condominium dispute over assessments.” Basically, there was a master association comprised of seven sub-associations. Each sub-association appointed a member of the master association’s board. A dispute arose between one of the sub-associations (and its appointed director) and the master association’s board over a payment to a cable company.

When the sub-association sued, the master association said its actions were protected by the business judgment rule. The trial court rejected that position and ruled in favor of the sub-association. On appeal, however, the Third District sided with the master association and held the rule did apply.

The legal question was whether the master association was required to plead the business judgment rule as an “affirmative defense” to the sub-association’s lawsuit. The Third District said there was no prior Florida case imposing such a requirement. And as it read section 607.0831, immunity under the business judgment rule automatically protected the defendant unless the plaintiff–in this case, the sub-association–offered proof as to why some exception to the rule should apply.

Contact Us Today

Business disputes arise every day over a variety of reasons. If you are involved in such a dispute and need legal advice from a qualified Tampa business and corporate attorney, contact HD Law Partners today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0607/Sections/0607.0831.html

scholar.google.com/scholar_case?case=3086575382300259989

Posted in Business Corporate | No Comments »

When you are in the process of going through a divorce you may receive a notice that your deposition will be taken by your spouse’s attorney. Lawyers take depositions in order to discover information, find out more about what a potential witness might say, and preserve testimony for trial. This can not only help them with evidence, but also potentially gather statements that can be used against your interest and credibility. It is very important that you work with your attorney and prepare for the divorce deposition, as preparation is key for these depositions. You never want to go in without knowing what to expect and having practiced.

Duration, Those Present, & Formalities

Divorce depositions are usually around three hours long (although they depend on the specific circumstances of the divorce) and include your attorney, your spouse’s attorney, and the court reporter to record answers word-by-word. Your spouse may also be present, as well as any others that are relevant to the case; for example, a Guardian Ad Litem or child representative. Judges are not present and will not review the deposition transcript unless an attorney calls on them to do so.

As the procedure begins, you are asked to use your right hand to swear an oath and you will then sit down and be asked questions by the attorneys, most-all of which will come from your spouse’s attorney. The results of the session will be a transcript typed out by the court reporter, which you will be allowed to review, and which can be used during trial.

You should also know that this is a formal and important process, and most attorneys are very skilled at taking depositions and how to extract what they want out of the witness. Below are some helpful tips to keep in mind:

Take Your Time – Pause Before You Answer

Always pause, think and take your time before answering. You are not under any time constraints or rush to answer. It is better if you carefully listen to the question and concentrate on each word before you answer.

To this end, know that it is also possible that your attorney may object to certain questions. As a result, you also want to pause before providing an answer in order to give your attorney a chance to provide that objection. It is entirely possible that you will be expected to still answer the question, but it is important to still provide an opportunity for the court reporter to record that objection made first.

Only Answer the Question Asked

Make sure that you only answer the question asked and do not offer any extra information. You want to make sure that you concentrate on the substance of the information you are providing as opposed to being a helpful witness. It is not your job to be helpful to the attorney asking the questions; simply keep your answers short and to the point.

Know that some attorneys have particular techniques to try and obtain additional information from witnesses, such as giving them the silent treatment. Do not be tempted to fill this silence with words. Some attorneys may instead continue to ask you the same question in different ways; know that they may simply be trying to elicit a different answer or extract more information from you, and do not be afraid to stick to your first answer.

Feel Free To Indicate That You Do Not Understand The Question, Do Not Remember, Or Do Not Know

Also feel free to ask for clarification if you do not understand the question. It is up to the attorney to ensure that their question is unambiguous, and it is not your job to help them. Do not provide a conditional answer (for example, “if you mean x, then y,”), but simply indicate that you do not understand the question. If you do not remember or do not know, these are completely acceptable answers as well. It is not a good idea to guess the answer.

When You Are Questioned About Particular Documents

If a question involves examining documents, know that this is a very important part of the deposition and you need to very closely read the fine print. Never testify about the content of a document you are not completely familiar with unless it is right in front of you and you have been provided with a full and complete opportunity to read it. Always check the document before answering if the attorney is trying to suggest that the document states something in particular.

Contact Our Florida Divorce Attorneys for Help

If you need assistance with any family law issue, our experienced Tampa divorce attorneys can help. Contact HD Law Partners today to schedule a consultation.

Resource:

natlawreview.com/article/help-how-do-i-prepare-divorce-deposition

Posted in Divorce | No Comments »