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Category: Divorce & Family Law

Devil is in the details

The Florida Family Law Rules of Procedure establish the guidelines and rules for the discovery process in any family law matter. The rules include what may or may not need to be disclosed, what remedies one can seek for discovery violations or protective orders, and some other niche issues which may come about in a […]

The Florida Family Law Rules of Procedure establish the guidelines and rules for the discovery process in any family law matter. The rules include what may or may not need to be disclosed, what remedies one can seek for discovery violations or protective orders, and some other niche issues which may come about in a family law case with regard to discovery.
If you are considering, or already involved in, a Florida Dissolution of Marriage with minor children or Paternity action, you might wonder whether the courts favor mothers when it comes to parental responsibility for, and timesharing with, the minor children.
Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if the obligated parent remarries? Is the new spouse responsible for child support? Will the new spouse’s income be considered in modifying the child support amount?
From time to time the issue of what is referred to as a constructive trust in a dissolution of marriage case will surface. A constructive trust is basically an equitable remedy that can be used to help restore property to its rightful owner and to prevent what is referred to as unjust enrichment.
It can be challenging to co-own real property, especially when there is a disagreement on whether to sell or keep the property. A partition action to force the sale of property may be necessary if co-owners cannot come to an agreement. The concept of a forced sale can be troublesome to certain co-owners, especially if it was inherited from family members. Florida adopted the Uniform Partition of Heirs Property Act to address the issues many heirs face involving inherited property.
Beginning January 2025, a new law in Florida will regulate minors' access to social media and online content. This legislation prohibits children under 14 from creating social media accounts and requires parental consent for 14- and 15-year-olds. The law also requires that platforms verify users' ages in order to access pornographic material.
When you are pro se (meaning “for oneself”) in a legal action, you represent yourself directly in the case. In Florida Family Law cases, there is no law requiring representation by an attorney, so you certainly can represent yourself - but should you?
Florida is among many states that allow for “no-fault” divorces. This means that one spouse does not have to show wrong-doing on behalf of the other spouse, nor meet other legal requirements, in order to get a divorce.
Florida’s reputation as a retirement haven combined with record numbers of baby boomers retiring has resulted in senior communities springing up all over the state. According to an analysis of recent U.S. Census Bureau data, more seniors flocked to Florida than any other state in 2023. This report also stated that a record 21% of all Florida residents are over 65.