Category Archives: Family Law
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 »
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 »
