Recent Blog Posts
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 »
Does the Length of My Marriage Automatically Entitle Me to Alimony?
A Florida judge will not automatically grant a request for alimony in a divorce case. However, when a spouse seeks alimony following the breakdown of a “long-term marriage,” i.e., a marriage that lasted 17 years or more, there is a legally “rebuttable presumption” in favor of an award of permanent alimony. This presumption can… Read More »
What Happens If You Fail to Disclose an Asset or Income Source During a Divorce Settlement?
Whether a divorce is resolved by a voluntary settlement agreement or contested litigation, it is important for each side to fully and accurately disclose their finances to the other. Financial disclosure is key to resolving issues such as alimony, child support, and the overall division of marital property. If either spouse fails to accurately… Read More »
Is a Florida Judge Required to Enforce a Private Child Custody Agreement Signed by the Parents?
Child custody is often a contentious issue between parents who do not live together. Of course, such disputes are never good for the child who is caught in the middle. That is why Florida courts encourage parents to come up with a plan for addressing custody and visitation issues. But it is important to… Read More »
Florida Court Explains How Pre-Marriage Military Service Credits May Still Be Treated as Marital Property
Separating marital and non-marital property in a Florida divorce case is sometimes not as simple as you might think. As a general rule, property earned or acquired by either spouse prior to marriage remains their separate property. But what about a situation where a spouse earns a property right prior to marriage that does… Read More »
What Is the Legal Burden of Proof for Modifying an Alimony or Child Support Agreement?
When seeking a modification of an alimony obligation, a Florida judge will require proof that there has been a “substantial” change in the parties’ circumstances that was not expected or anticipated at the time of the original order. And with respect to alimony governed by a settlement agreement, Florida law states that the burden… Read More »
Conflicts of Interest and Divorce
There was a recent decision from the Florida Third District Court of Appeal that addressed an often-overlooked issue in divorce cases. This particular case, Becker v. Becker, involved a husband who sued his wife for divorce. During the course of the proceedings, the husband learned his wife’s attorney had previously represented the trial judge… Read More »
What Happens When Parents Living in Different States File Separate Child Custody Petitions?
Child custody disputes often involve complex legal questions. For example, what happens when the parents live in different states? What happens if each parent files a separate child custody petition in their respective state? Which state has jurisdiction to resolve a dispute? Understanding the UCCJEA Most states, including Florida, have adopted the Uniform Child… Read More »
When Can a Florida Court Order Paternity Testing?
Establishing paternity in Florida involves a specific set of legal procedures, particularly when the child already has a father in the eyes of the law. The basic rule is that when a child is born to an intact marriage, the husband is simply presumed to be the father–no additional legal steps are necessary. If… Read More »
Does Remarriage Affect the Terms of a Prior Divorce Settlement?
It is not uncommon for people to get remarried after going through a divorce. What is less common is for two previously divorced partners to remarry each other. But such remarriages raise an interesting legal question: What happens to the settlement agreement from the initial divorce? Is it still enforceable after the remarriage? In… Read More »
