Category Archives: Family Law
Understanding the Basics of Florida’s Collaborative Law
Collaborative law is a relatively new option available to married couples in Florida who are seeking to divorce in a peaceful, voluntary manner, without the need for protracted litigation. The Florida Supreme Court recently adopted a series of forms for attorneys and parties to use in conjunction with the collaborative law process. Here is… Read More »
Hidden Assets and Mandatory Disclosure in Florida Divorce
If you are headed toward a divorce, perhaps you’re concerned that your soon-to-be ex will be less than forthcoming about the assets that are on the table. If so, having an experienced attorney on your side could be your best bet at getting a fair settlement. Equitable Distribution In Florida, the law requires that… Read More »
Must a Judge Explain How a Parent May Regain Their Custody or Visitation Rights?
The general rule in Florida family law is that a court may order a modification to an existing time-sharing (child custody) arrangement between parents if there has been a “substantial change in material circumstances.” For instance, the judge might determine that an equal time-sharing arrangement is no longer in the child’s best interest and… 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 »
Are a Parent’s Past Medical Records Relevant to a Child Custody Proceeding?
A divorce can bring to light many unflattering and embarrassing facts about a couple into court. But there are limits on how far a court will go before outright violating someone’s privacy. It is critical to note that Florida law guarantees the right to privacy in such things as medical records. So a spouse… Read More »
How Domestic Violence Allegations Can Affect Disputes Over Child Custody
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 »
Will a Court Modify Child Custody Arrangements Because I Recently Moved?
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 »
