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What is the average lenght of a divorce trial?

Miami, FL |

Hi, we did not reach an agreement at mediation. After mediation, I presented my future to be ex wife a divorce agreement to avoid trial. Our child Gal liked the parenting part. Wife wanted to keep the house under her name only, but, I offered her to delay the sale of the house until five years from now. I have not received any answer yet. Wife will probably want me to help paying the properties taxes, is this the way it is supposed to be in Florida?

Attorney Answers 4

Posted

Your wife can take as long as she wants to answer your offer to delay the sale of the house unless you contact her (lawyer) and say that the offer is not available forever, and you would like an answer by a date that you specify. If you agree about the parenting part and can get a parenting plan signed, then you could work out the assets and liabilities at trial. How long that takes is a matter of the amount of assets you have and whether the income is earned by a business or w-2 earnings. Also, you will have to go to pre-trial conference and then get a trial date set.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

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Posted

It really depends on how complex the case is. Most divorce cases can be tried within one day, whether that only be an hour or several hours. A case could last longer if there are multiple witnesses testifying, significant assets to be divided, and lots of evidence to go through.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

You have too complex a case to handle on your own. You need to get an attorney.

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1 comment

Leonore M. Greller

Leonore M. Greller

Posted

Since the first time this person asked the first question about his case, perhaps ten days ago, lawyers have been advising him to obtain counsel--call legal aid--get a free consultation, etc. Perhaps you will have more influence.

Posted

There are really no time limits on these types of things. You should formulate your offer in the form of a non-threatening and respectful letter outlining your proposal and indicating that if she does not respond within a certain time period, you will assume that she is not interested and proceed accordingly. There appear to be a lot of issues to your case. Settlement language should usually be drafted by an experience family law practitioner. Be careful of potential tax consequences of your offer.

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