Much has been said about the issues discussed in divorce. But what about the procedure? Are you intimately familiar with all the “musts” and “must-not's” of family court? This procedural guide will walk you through a detailed step-by-step instruction on the mechanics of a divorce case. Streamline your motions practice and explore new and time-tried discovery techniques. Get sample forms and tactical tips to make your next case go more smoothly for you and the client. Order today!

1. Divorce Case Intake and Pre-Litigation Tactics
2. Commencing Divorce Action
3. Ethics
4. Effective Use of Discovery
5. Pre-Trial Motions Practice and Settlement Strategies
6. Trial of a Divorce Case
7. Enforcement and Post-Trial Modifications

Continuing Education Credits:   

* denotes specialty credits

1. DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
   9:00 - 10:00, Joryn Jenkins
   1. Client Interview Questions and Documents to Obtain
   2. Advice to Client Who Hasn't Yet Told the Spouse About the Decision to Divorce
   3. Initial Analysis and Investigation
   4. Legal Principles That Should be Explained at an Initial Consultation
   5. Traditional Litigation Versus Collaborative Divorce
   6. Declining Representation
   7. Case File Organization Tips
   8. Divorce From Bed and Board/Legal Separation
   9. Annulment: Grounds, Procedure, Consequences of an Annulment Decree
   10. Is an Expedited Procedure Available?
2. COMMENCING DIVORCE ACTION
   10:00 - 10:45, Joryn Jenkins
   1. Determining Residency and Declaring Domicile
   2. Venue and Jurisdiction Considerations and Conflicts
      1. Personal
      2. Subject Matter
   3. Automatic Orders
   4. Summons/Petition and Response
   5. Service of Process (Defendant in the State, in Another State, in Another Country, or Cannot be Located)
   6. Motions for Temporary Relief
   7. Scheduling Orders and Meeting the Deadlines
   8. Responsive Pleadings - What to Use, When and How
3. ETHICS
   11:00 - 12:00, Matthew L. Lundy
   1. Fee Agreements - Review a Sample Agreement
   2. Dealing With a Pro Se Litigant
   3. Conflict Checks
   4. Ethics Case Law Update
4. EFFECTIVE USE OF DISCOVERY
   1:00 - 1:45, Jessica M. Felix
   1. Timing of Discovery
   2. Requesting and Gathering Evidence That Will be Useful for Settlement and at Trial (Interrogatories, Requests for Admissions, Depositions, Medical Examinations, Requests for Production, etc.)
   3. Evidence Production and Spoliation Considerations
   4. Impact of Current Technology on Divorce Discovery (Including: E-Mail; Text Messaging; Social Networking Sites and Blogs; Privacy Issues in Wiretapping and Other Surveillance; etc.)
   5. How to Effectively Use a Private Investigator
   6. The Value of a Forensic Accountant
   7. When to Use a Guardian Ad Litem, Timesharing Evaluator and Parent Coordinator
   8. Case Law Update
5. PRE-TRIAL MOTIONS PRACTICE AND SETTLEMENT STRATEGIES
   1:45 - 2:30, Jessica M. Felix
   1. Preliminary Motions and Orders
   2. When and How to Use ADR Procedures: Arbitration, Mediation, Settlement Conferences
   3. Tips for Negotiating Timesharing and Support
   4. Collaborative Law
6. TRIAL OF A DIVORCE CASE
   2:45 - 3:30, Jessica M. Felix
   1. Family Court Trial Procedure
   2. How to Determine What Evidence You Need at Trial
   3. Maximizing Client/Witness Testimony
   4. Effective Use of Trial and Post-Trial Motions
   5. Preserving Issues for Appeal
7. ENFORCEMENT AND POST-TRIAL MODIFICATIONS
   3:30 - 4:30, Matthew L. Lundy
   1. Preparation and Implementation of (Qualified) Domestic Relations Orders
   2. Support Order Enforcement Options (Civil Contempt, Execution, Garnishment, Attachment, QDRO, etc.)
   3. Support Modification Requests: Grounds, Proof, Procedure
   4. Relocation Issues
   5. Current Case Law

JESSICA M. FELIX is a partner with the law firm of Older, Lundy & Weisman, Attorneys at Law, where she practices exclusively in the areas of marital and family law. Ms. Felix received training in collaborative law in 2010 to further expand the benefits she can offer to her family law clients. She earned a B.A. degree in psychology from Emory University in 1998. While working toward her undergraduate degree at Emory, Ms. Felix worked at a research preschool devoted to developing effective teaching techniques for use with autistic children. She received her J.D. degree, cum laude, from the Florida State University College of Law in 2002. Ms. Felix is a member of The Florida Bar (member, Family Law Section), the Middle District of Florida, the Hillsborough County Bar Association, the Family Law Inn of Court in Hillsborough County, and the Junior League of Tampa.

JORYN JENKINS is an attorney in private practice in Tampa with the firm of Joryn Jenkins & Associates, where she concentrates her practice in the areas of appellate, bankruptcy, commercial, domestic and legal malpractice litigation. Prior to her present position, she was a professor at Stetson University College of Law, where she taught trial advocacy, creditors' rights and appellate practice. Ms. Jenkins received her B.A. degree from Yale University and her J.D. degree from Georgetown University Law Center in Washington, D.C. She was an editor of The Family Law Commentator (1998-2002) and editor-in-chief of The Federal Lawyer (formerly The Federal Bar News & Journal ) from 1993 to 2003. She is also the author of Florida Civil Practice Motions (Lexis Law Publishing, 2nd ed. 1997). Ms. Jenkins has given numerous presentations on subjects related to her areas of practice. She is a member of the American Inns of Court Foundation (Leadership Council) and the Cheatwood American Inn of Court, and has served on both The Florida Bar Professional Ethics Committee and The Florida Bar Grievance Committee (as chair, twice).

MATTHEW L. LUNDY is the head of Older, Lundy & Weisman, Attorneys at Law, statewide Qualified Domestic Relations Order (QDRO) practice, in which he is responsible for handling issues surrounding the division of retirement assets pursuant to state law, the Internal Revenue Code (“ IRC ”), and the Employee Retirement Income Security Act (“ ERISA ”). This typically includes the drafting of QDROs and other orders directed to third party administrators of retirement plans. Mr. Lundy has a great deal of experience in analyzing and dividing retirement assets, which is crucial to any family law practice. In Mr. Lundy's QDRO practice, he works not only with the firm's individual clients, but also as a consultant to other family law attorneys, who engage Mr. Lundy for the purpose of drafting and seeking plan approval and entry of QDROs for their clients. Mr. Lundy earned his B.A. in political science from Duke University and his J.D., with honors, from the University of Florida, Levin College of Law. While at the University of Florida, Mr. Lundy worked as a teaching assistant in Legal Research and Writing and Appellate Advocacy, and as a research assistant, focusing his research on ethics in the legal profession. Mr. Lundy is a member of the Florida Bar, the Hillsborough County Bar Association, the Family Law Section of the Hillsborough County Bar Association and the Family Law Inn of Court in Hillsborough County. He gives regular presentations on QDROs and others issues in family law to bar associations, legal and non-legal professionals throughout the State of Florida.

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