Blog

Mediation as a Divorce Option

Every divorce is unique. Some couples can have long drawn-out court battles for years while some can part ways on good terms, willing and able to discuss and enter into agreements for the sake of peace. For divorcing spouses who prefer not to experience the hostilities that accompany a litigated divorce, mediation is a feasible […]

Florida Adopts New Collaborative Divorce Law

Divorce need not be a high conflict and stressful process if parties are able to peacefully discuss their parenting and financial plans in a non-combatant setting. Many US states, including Florida, have enacted a collaborative divorce law that aims to provide divorcing parties a more peaceful method of resolving important issues on their own. Highlights […]

PRENUPTIAL AGREEMENTS – THE LEGAL EVOLUTION OF “A DEAL IS A DEAL”

Prenuptial agreements have been recognized under Florida law for many years. Initially these agreements were viewed with significant suspicion and interpreted by Florida courts with many restrictions. However, over the years prenuptial agreements have become routinely accepted and enforced by courts according to their written terms. At least three significant changes in the law have […]

FLORIDA ALIMONY REFORM AND CHILD TIMESHARING REFORM FIZZLES, AGAIN

In 2016 alimony reform in Florida went down in flames, once again. Passed by both the House of Representatives and the Senate, the bill was vetoed by the Governor for the second time in two consecutive years. The Florida alimony reform bill has been several years in the making and was the subject of intense […]

Alimony Award Must Provide for Wife’s Needs

A Florida Court of Appeals has reversed a trial court’s alimony award for failing to provide adequate support for a former wife’s needs and necessities in life as established during her marriage. The appellate court’s decision emphasizes that any award for alimony must comply with Chapter 61 of the Florida Statutes. Factors in Setting Alimony […]

Importance of Cohabitation Agreements

Married and unmarried couples who live together face the same day-to-day issues involving children, income, expenses, and properties. In Florida, existing family laws provide the rights and duties of married couples to one another. For partners who live together without the formality of marriage, determining similar rights and obligations, particularly when the relationship ends, can […]

Who May Initiate Paternity Lawsuits in Florida?

Florida family law generally presumes that the husband and wife are the parents of a child born during their marriage. Conversely, paternity must first be established when a person intends to assert fathers’ rights on a child who is born out of wedlock. How Paternity May Be Established in Florida By written agreement: The mother […]

Basic Rules You Must Know about Child Relocation

Relocating to another state, or some distant location, can ignite new legal battles for separated or divorced parents. In Florida, relocation involves complex rules and the court’s determination of a disputed relocation is heavily dependent on the evidence presented by each parent. Guidelines for Relocation Section 61.13001 of the Florida Statutes states the procedure for […]

Some Spousal Rights and Benefits in a Military Divorce

A spouse undergoing a military divorce may be entitled to certain rights and benefits under the Uniformed Service Former Spouses’ Protection Act (USFSPA). Depending on the duration of your marriage and the period of active military service of your spouse, you may be entitled to receive a portion of your military spouse’s retirement pay, as […]