Category Archives: Divorce
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 »
How Can Homeschooling Affect the Calculation of Alimony and Child Support Obligations?
With the ongoing COVID-19 emergency, many parents have been forced into the role of homeschooling teachers. But even before the pandemic, a significant number of Florida parents voluntarily considered homeschooling the best educational option for their children. But how can the decision to homeschool impact a court’s calculation of alimony or child support? Appeals… Read More »
Dealing with Post-Divorce Litigation in Florida
A divorce case does not really end once a final judgment is entered. There are frequently a number of post-judgment issues that arise which necessitate a return to the courtroom. For example, one former spouse may allege the other is not complying with the terms of the final judgment or marital settlement agreement (MSA)…. Read More »
How Long Does a Florida Marriage Need to Last for a Spouse to Receive “Permanent” Alimony?
Alimony is a complex area of Florida law. A court is required to look at a number of factors when determining the appropriate type and length of an alimony award. One key factor is the length of the marriage itself. Florida classifies marriages as either short, medium, or long-term. In the case of a… Read More »
What Happens If My Spouse Forged My Signature to Take Out a Loan?
In a Florida divorce proceeding, the court will identify any “nonmarital assets and liabilities” that should be excluded from the equitable distribution of marital assets. For example, an asset acquired by either spouse prior to marriage is normally considered a nonmarital asset. Similarly, a debt incurred by just one spouse before marriage is not… Read More »
What Factors Will a Florida Judge Consider in Revising an Award of “Permanent” Alimony?
Under Florida law, a court must consider a number of factors when determining (or modifying) an award of alimony. One such factor is the “financial resources of each party.” But there are other factors as well, such as how long the marriage lasted, the “standard of living” established during that marriage, and the relative… Read More »
Can a Judge Order Me to Pass a Breathalyzer Test Before Visiting My Kids?
In the context of child custody, a parent always retains a basic right to have a meaningful relationship with their children. So as a general rule, a Florida judge will not outright deny a non-custodial parent visitation rights. But the court may impose certain conditions or restrictions on visitation in order to protect the… Read More »
What Is the Role of a Florida General Magistrate in Handling My Divorce Case?
Florida’s family court dockets are typically quite crowded. There are only a limited number of judges available to hear thousands of cases each year. In order to help deal with this workload, Florida law allows circuit court judges to appoint and refer cases to “general magistrates.” These are licensed attorneys who perform many of… Read More »
