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What Happens When Parents Living in Different States File Separate Child Custody Petitions?

By WiseLieberman, PLLC |

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 »

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Paternity2

When Can a Florida Court Order Paternity Testing?

By WiseLieberman, PLLC |

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 »

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Marriage

Does Remarriage Affect the Terms of a Prior Divorce Settlement?

By WiseLieberman, PLLC |

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 »

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MomSon2

The Risks of Allowing a Judge to Decide Your Child’s Custody Arrangements

By WiseLieberman, PLLC |

Children should never be used as pawns in their parents’ divorce. This is why the legal system in Florida strongly encourages parents to reach a suitable agreement for issues related to child custody and time-sharing. When the parents cannot agree, a judge will step in and make those decisions. But this often comes after… Read More »

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Can a Florida Judge Order Me to Buy Life Insurance to Guarantee My Alimony Obligations?

By WiseLieberman, PLLC |

When a Florida court awards permanent alimony in a divorce case, it is usually “permanent” only until either former spouse dies. That is to say, an individual’s obligation to pay alimony ends upon their death. This raises the possibility that the receiving spouse may be left “high and dry” if the paying spouse dies… Read More »

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Prenup

What Happens When You Spring a Prenup on Your Future Spouse at the Last Minute?

By WiseLieberman, PLLC |

This is the type of scenario you might associate with a soap opera: A couple is facing their wedding day. Just before the ceremony begins, the groom presents the bride with a prenuptial agreement and insists she sign it. The bride feels blindsided but decides to sign the agreement and go through with the… Read More »

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DivCouple

What Happens When a Judge Fails to Follow the Rules Before Awarding Alimony in a Divorce Case?

By WiseLieberman, PLLC |

There are a series of steps a Florida court must take when deciding whether or not to award alimony as part of a divorce proceeding. There are actually several different types of alimony. For example, “permanent alimony” is permitted by law when the divorce case involves a “marriage of long duration” and the judge… Read More »

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Alimony14

Do I Still Have to Pay Alimony If My Ex Is Living With a New Partner?

By WiseLieberman, PLLC |

Historically, Florida law automatically terminates an award of alimony if and when the receiving spouse remarries. But there are other situations where the recipient spouse does not remarry but “cohabits” with another person. In these cases, the former spouse paying alimony may ask the court to modify or end this obligation based on the… Read More »

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Alimony13

Will Reducing My Post-Divorce Expenses Affect My Alimony?

By WiseLieberman, PLLC |

When a Florida judge awards “permanent” alimony in a divorce, that does not mean the duration or amount is etched in stone. As each former spouse’s financial circumstances change, either party may petition the court for a modification of a spousal support award. But it is critical for the court to fairly and impartially… Read More »

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FatherSon

Is a Co-Parenting Agreement with a Non-Parent Enforceable in Florida?

By WiseLieberman, PLLC |

Families come in all types, shapes, and sizes. Unfortunately, the law does not always keep up. When it comes to matters like child custody, for example, there are certain rules and assumptions in place that may not fully account for non-traditional family structures. Let’s take this recent case from Pinellas County, Springer v. Springer…. Read More »

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