Category Archives: Family Law
Can Grandparents Seek Visitation Rights Over a Parent’s Objections?
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 »
Does Requesting a State Investigation of Your Ex-Spouse Qualify as “Stalking”?
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 »
Conflicts of Interest and Divorce
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 »
Can a Florida Judge Order Me to Buy Life Insurance to Guarantee My Alimony Obligations?
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 »
What Happens When You Spring a Prenup on Your Future Spouse at the Last Minute?
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 »
What Happens When the Terms of a Marital Settlement Agreement Are Modified Later?
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 »
Are Your Inheritances and Gifts Subject to Property Division in Divorce?
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 »
Who Gets the Artwork in a Florida Divorce?
Who gets the Monet, the Van Gogh, and the Warhol? What about the Leibovitz or Golden? Surprisingly, the question of who gets the artwork is one of the most hotly contested issues in today’s divorce proceedings. According to a Memphis attorney quoted by the Wall Street Journal, artwork often falls into the same category… Read More »
Grounds for Modifying a Support Order in Florida
It is rare that a person’s circumstances today will be exactly as they were five years ago, or that they will remain the same within the next five years. Unexpected job loss, injury, an increase in healthcare costs, a decrease in daycare costs, and other unforeseen events may put a person in a better… Read More »
Is College Tuition Part of Child Support?
The state of Florida is one of many that do not require either party of a divorce to pay for the cost of college tuition. However, parents going through a divorce should be concerned with their child’s future and how the both of them will help pay for expenses such as college tuition, trade… Read More »
