Recent Blog Posts
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 »
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 »
