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Category Archives: Family Law

FamCourt

How Domestic Violence Allegations Can Affect Disputes Over Child Custody

By WiseLieberman, PLLC |

Domestic violence allegations can have a substantial impact on ongoing divorce and child custody proceedings. Under Florida law, a judge can issue a permanent injunction against a spouse accused of committing acts of domestic violence. In some cases, such an injunction may be in force even if the accused spouse is no longer physically… Read More »

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Will a Court Modify Child Custody Arrangements Because I Recently Moved?

By WiseLieberman, PLLC |

When reviewing child custody and visitation matters, a Florida court must always put the “best interests of the child” first. To put it another way, a judge should not agree to modify existing arrangements simply based on what is most convenient for one of the parents. And previously approved “time-sharing” plans will not be… Read More »

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Congratulations to Andrew Lieberman for becoming Board Certified by The Florida Bar in Marital & Family Law!

By WiseLieberman, PLLC |
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Grandparents

Can Grandparents Seek Visitation Rights Over a Parent’s Objections?

By WiseLieberman, PLLC |

One of the thornier issues in Florida family law is the legal right of grandparents to seek visitation rights with their grandchildren. If you look at the Florida Statutes, i.e., the laws adopted by the state legislature, you will find provisions allowing court-ordered grandparent visitation rights in limited circumstances. But the Florida courts have… Read More »

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Does Requesting a State Investigation of Your Ex-Spouse Qualify as “Stalking”?

By WiseLieberman, PLLC |

Domestic violence allegations often come up in the context of divorce proceedings. In some cases, a judge may issue an injunction against a spouse (or former spouse) if there is credible evidence of domestic violence against the other party. At the same time, an injunction is not a weapon to be used simply because… Read More »

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Conflicts of Interest and Divorce

By WiseLieberman, PLLC |

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 »

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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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Divorce5

What Happens When the Terms of a Marital Settlement Agreement Are Modified Later?

By WiseLieberman, PLLC |

Even in a relatively amicable divorce that is resolved by a settlement agreement, the parties may decide after-the-fact to alter their previously agreed-upon terms. It is important to exercise caution when carrying out such modifications, however, as it can lead to legal complications down the line. Appeals Court: Wife Does Not Need to Repay… Read More »

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DivDocument

Are Your Inheritances and Gifts Subject to Property Division in Divorce?

By WiseLieberman, PLLC |

Florida, like many other states, is an equitable distribution state, which means a judge will divide marital assets and debts equally  Separate property is awarded to the individual spouse.  Separate property includes the following: Property owned by either spouse before the union or obtained by either spouse after the date of separation; Compensation for… Read More »

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