Recent Blog Posts
Does Requesting a State Investigation of Your Ex-Spouse Qualify as “Stalking”?
Domestic violence allegations often come up in the context of divorce proceedings. In some cases, a judge may issue an injunction against a spouse (or former spouse) if there is credible evidence of domestic violence against the other party. At the same time, an injunction is not a weapon to be used simply because… Read More »
What Is “Imputed” Income, and How Does It Affect an Award of Child Support?
Florida courts base child support awards on a series of guidelines written into state law. These guidelines require a judge to consider all sources of a parent’s income when determining their ability to pay child support obligations. And in some cases, the court may assign or “impute” income to a parent who is unemployed… Read More »
Does a Marital Settlement Agreement Override Florida Law Governing the “Cut-Off” Date for Classifying Marital Assets?
Under normal circumstances, Florida law imposes a “cut-off date” for classifying assets as marital or separate in a divorce case. That is, all assets acquired by either spouse after the cut-off date is not subject to equitable division by a judge. However, if the parties enter into a marital settlement agreement (MSA), they may… Read More »
The Risks of Co-Owning Property After a Divorce
A final divorce judgment does not always mean an immediate unwinding of a couple’s assets. For example, if two spouses jointly owned rental property or ran a business, the final settlement may need to include transitional provisions to address each party’s obligations after the divorce. Keep in mind, however, once a judge approves a… Read More »
How Far Can a Judge Go in Deciding Child Custody Issues?
In a contested divorce case, Florida judges have broad discretion to decide issues like parental timesharing and each party’s respective financial obligations towards the other. But this discretion is not absolute. Sometimes judges overstep their bounds and issue orders that are not permitted by law–and in some cases not even requested by either party…. Read More »
Can a Judge Modify a Time-Sharing Order Based on Possible Future Events?
When a Florida court establishes a time-sharing schedule for two parents, that order can only be modified later if there is proof of a “substantial, material, and unanticipated change in circumstances” that makes such a modification “in the best interests of the child.” A judge will consider a number of factors in making such… Read More »
Who Pays for My Child’s Medical Care Following a Divorce?
When negotiating a marital settlement agreement (MSA) as part of a divorce proceeding, it is important to pay attention to certain critical details, especially with respect to issues affecting child support. For example, the parents need to decide which one of them will be responsible for maintaining health insurance coverage for the child. And… Read More »
Where Do I File for Divorce If My Spouse Has Moved to Another County?
In a divorce, as with any legal proceeding, it is important to establish proper venue, that is, the county where the formal lawsuit must be filed. A court has no authority to hear or decide a divorce case without proper venue. And while this may not be difficult if the estranged spouses both live… Read More »
When Can a Florida Judge Modify a Marital Settlement Agreement?
Many Florida divorce cases ended in a negotiated marital settlement agreement (MSA) between the parties. A well-drafted MSA covers all areas of the couple’s separation, including the division of assets, alimony, and time-sharing with any children. Once a judge approves the MSA, it comes part of the legally binding divorce decree. Of course, it… Read More »
When Is the “Cut-Off Date” for Separating Marital and Non-Marital Property?
A key issue in any Florida divorce case is the division of marital property. By law a court is required to make an “equitable division” of marital property unless the parties reach a voluntary agreement on how to split these assets. But this raises another critical question: How does a court distinguish marital and… Read More »
