Category Archives: Family
Father Appeals Disestablishment Of Paternity After DNA Test Proves He Is Not The Father
In the case of Castillo v. Rodriguez, you have a contested petition for paternity. The parents were involved in an on-again-off-again relationship. During this relationship, a child was born. The purported father of the child, Castillo, was initially established as the father’s child. However, the mother, Rodriguez, petitioned the trial court to disestablish paternity… Read More »
Husband’s Gambling Problem Cited As Reason To Reduce Equitable Distribution Award
In the majority of cases, Florida courts will split the marital estate in half and distribute half its value to both parties to a divorce. In one 2017 case, Viscito v. Viscito, the husband was awarded only 50% of the passive, market-driven appreciation of a shared condominium. The former wife retained title to the… Read More »
Husband Appeals Equitable Distribution Award After Being Accused Of Dissipating Marital Assets
In the case of Corrales v. Corrales, the husband, Mr. Corrales, appealed the amended final decree for the dissolution of the marriage. In this case, the husband and wife had been married for nearly 30 years before pursuing a divorce. Immediately following their marriage, the couple moved into a home in Westchester, FL owned… Read More »
What Is Equitable Distribution In A Florida Divorce?
Equitable distribution refers to the way in which assets are divided in a Florida divorce. Some states are considered community property states. In these states, assets are divided 50/50 no matter what. In equitable distribution states, assets are divided in a way that is equitable to both partners. This means that assets may not… Read More »
Do I Need A Guardian Ad Litem During A Florida Custody Battle?
In a high-conflict child custody case, the Florida courts have the option of appointing a guardian ad litem to help represent the children’s best interests during the divorce. In some cases, parents may also request a guardian ad litem from the court. If both parents agree, then the court will appoint a guardian ad… Read More »
Middle-Aged Americans Are Divorcing With Greater Frequency While Divorce Drops Among Younger Americans
Recent statistical analyses of divorce data indicate that divorce is going up among middle-aged and older Americans even as it seems to be dropping among younger Americans. According to Bowling Green State University’s National Center for Family and Marriage Research, divorce rates for Americans over 55 have doubled. For those over 65, divorce rates… Read More »
Previous Agreement Nullifies Substantial Changes Test To Custody Modification
Florida operates on a “best interests of the child” standard. This standard is applied to any decision the court makes regarding child custody issues. It doesn’t matter if the court issues the parenting plan or if the parties agree to the parenting plan in mediation. Any plan that the court affirms must promote the… Read More »
Contested High-Net Worth Divorces In Florida
High-net worth couples have to navigate certain hurdles that other couples don’t necessarily face in their divorce. Yes, their divorces tend to be more expensive, and this is largely because they are more complicated. High-net worth couples have more assets to divide, property that needs to be appraised, and financial matters to sort out…. Read More »
Appeals Court Overturns Alimony Ruling After Miscalculation Based On Gross Income
In the case of Parker v. Parker, a wife appealed the decision of the trial court which awarded her durational alimony for a period of five years. The wife believed that she was short-changed due to a miscalculation in how alimony was determined. The Florida courts award alimony in many divorce cases. There are… Read More »
What Can You Put In A Prenuptial Agreement In Florida?
While it may seem unromantic to ask your partner for a prenuptial agreement, it helps to understand that you already have a prenuptial agreement in place. The rules of divorce in Florida dictate how assets are distributed, how alimony is calculated, and what happens to marital debts after the marriage is dissolved. Instead of… Read More »
