Category Archives: Family
Domestic Violence Injunctions In Florida
Domestic violence injunctions are an integral part of Florida family law. They protect those who have experienced violence or have a reasonable fear of imminent harm. On the other hand, these injunctions carry serious consequences for the accused. It can impact their housing, employment, right to bear arms, and custody. Due to those consequences,… Read More »
What Florida Parents Should Know About Child Relocation Disputes
When a parent wants to relocate a child after divorce or a dispute over custody rights, it can easily become one of the most emotionally charged and complicated issues under Florida family law. Relocation cases typically present a parent’s desire for improved opportunity against a parent’s right to a significant relationship with their child…. Read More »
Contested Prenuptial Agreements In Florida Divorce Cases
The main point of a prenuptial agreement is to provide clarity and predictability should the marriage fail. In Florida, such agreements are generally enforceable. That means that the courts will honor the prenup under most conditions. There is, however, an exception made for fraud or duress. If the husband or wife coerced the other… Read More »
Florida Court Makes A Ruling On A Domestic Violence Injunction
Among the most severe civil injunctions that can be granted by a Florida family court is a domestic violence injunction. An injunction (as provided in Florida Statute § 741.30) serves to protect the petition from threats of violence, as well as actual violence, by limiting the respondent’s communications and providing a legal penalty for… Read More »
Court Addresses Modification Of Timesharing In Florida Divorce Case
The courts can hold drug and alcohol abuse against a parent during a Florida divorce case. In many situations, the parent cleans up their act, goes to rehab, and manages to remain sober. In these cases, the parent can revisit the timesharing agreement. That’s what happened in the case of Harrell v. Friend (f/k/a… Read More »
Florida Family Law Case Addresses The Uneven Split Of Marital Assets Due To Husband’s Affair
Florida is considered an equitable distribution state. That means that the marital estate (the assets you hold with your partner) can be divided unevenly. There is, however, a presumption that the marital estate should be divided equally. However, judges, for various reasons, can elect to favor one spouse when dividing the marital estate. The… Read More »
Florida Court Discusses Contempt In Florida Divorce Case
One of the ways that the court can compel an individual to perform a specific task is by holding them in contempt when they don’t. This is especially true when children are involved. Parents, who may not like each other very much, must coordinate with one another for the sake of their children. If… Read More »
Court Discusses Factors Weighed When Awarding Alimony
When deciding to award alimony to one spouse, the Florida courts weigh several factors. These factors can be found under Florida Statutes § 61.08. The court is required to weigh these factors and come to a decision involving whether or not the spouse should receive alimony payments. In the case of Reese v. Reese,… Read More »
How Do Florida Courts Determine Child Custody And Timesharing?
In Florida, when parents separate or divorce, one of the most emotionally charged issues is where the children will live and how much time they will spend with each parent. Florida law no longer uses the terms “custody” or “visitation”. Instead, the courts focus on parental responsibility and time-sharing. The guiding principle is always… Read More »
How Can I Avoid Delays In My Florida Divorce Case?
The truth is: Sometimes you can’t. Unless you’ve filed for a simplified divorce, which not everyone qualifies for, your divorce is likely to take six months or longer. Even when the divorce is uncontested, delays can occur that set you back. Nonetheless, identifying certain factors that cause delays in your Florida divorce case can… Read More »
