Recent Blog Posts
Is an Oral Settlement Agreement Enforceable in a Florida Divorce Case?
Divorce does not necessarily mean a bitter, protracted court fight. To the contrary, most Florida divorce cases are amicably resolved without the need for extensive litigation. In these situations, the parties negotiate a marital settlement agreement (MSA) that disposes of any outstanding issues. Once approved by the court, the MSA becomes part of a… Read More »
When Can a Florida Judge Order an Unequal Distribution of Marital Assets?
Florida courts follow an “equitable distribution” rule in divorce cases. This means that under normal circumstances, a judge is expected to equally divide any marital assets and liabilities equally between the parties. The judge can, however, make an “inequitable distribution”–i.e., give one spouse a greater share of property–after considering a list of factors provided… Read More »
Can My Estranged Spouse Bring Our Child to Court During Our Divorce Proceedings?
Patricia J. Kelly, a judge on Florida’s Second District Court of Appeal, recently issued an opinion that should serve as a cautionary tale for all parents in the midst of divorce proceedings. Judge Kelly was part of a three-judge panel that heard an appeal of a divorce case from Pasco County. The substance of… Read More »
Can My Ex-Spouse Still Collect on My Life Insurance Policy After We Divorce?
Married persons often name their spouse as the designated beneficiary of their life insurance policy. So what happens to this designation if a couple divorces? The simple answer is that under Florida law, a final order of divorce voids any such beneficiary designation. Unless the policyholder files a new beneficiary designation after the divorce,… Read More »
Dealing with Modifications to Child Custody When Both Parents Have Moved Out of Florida
Modifying a child custody order following a divorce can get quite complicated, especially if the parents are now living in different states. It is not uncommon for disputes to arise not only over the proposed modification, but also what state is the proper forum to resolve the matter. Keep in mind, just because you… Read More »
My Ex-Spouse Is Not Following the Terms of Our Divorce- How Long Do I Have to Take Legal Action?
In any type of legal proceeding, there is what is known as a “statute of limitations.” This is basically a time limit established by state law to file a lawsuit. For example, under Florida law there is normally a 5-year statute of limitations for claims arising from a written contract. So if you want… Read More »
Dividing Collectibles in a Divorce: What You Should Know
While we can all hope and try for happily ever after, that’s not always the case for every couple. If filing for divorce isn’t already painful enough, dividing collectibles in a divorce can often be just as difficult as child custody battles. There’s a sentimental value placed on artwork, collectibles, and memorabilia. And, with… Read More »
Former Top Women’s Tennis Player Wins Right to Litigate Divorce Case in Florida
What happens when spouses file competing divorce lawsuits in different courts? In this situation, Florida judges will apply what is known as the principles of priority and comity. “Priority” means that when two courts in the same state have jurisdiction over the same parties and legal claims, the court that acquired that jurisdiction first… Read More »
What Happens If You “Dissipate” Marital Assets During a Pending Divorce Case?
In a Florida divorce case, the normal rule is that a court will equally divide any marital property between the spouses. There are, of course, multiple exceptions to this rule. For example, if the judge believes that one spouse has “dissipated” any marital assets, that may be a factor in making an unequal award… Read More »
Does a Parent’s Increase in Income Automatically Mean an Increase in Child Support Payments?
Child support obligations do not always remain static. Even when the parents have agreed that one of them will pay a specified amount of child support, the other parent may later petition a judge for an increase based on a “substantial change” in circumstances. For example, the parent paying support may now earn substantially… Read More »
