Category: Marital and Family Law

In an opinion released on September 10, 2015, the Florida Supreme Court ruled that the provisions of a prenuptial agreement were broad enough to waive a wife’s claim to any assets owned by husband at the time of the agreement or acquired in his name thereafter, including any enhancement of property titled in husband’s name that was acquired or enhanced during the marriage with marital labor or earnings.

Under the dissolution of marriage statute in the state of Florida, when the parties have minor children, one of the first matters that must be decided and made part of what is called the Parenting Plan, is parental responsibility for their children.

According to a recent poll cited in the New York Times, marriage is disappearing. More than 40 per cent of new mothers are unmarried. Many young adults find themselves drifting into parenthood unintentionally.

One of the many difficult decisions divorcing couples face, involves what to do with the their single most valuable marital asset- the marital home.

According to leading legal research website, Westlaw, March is the peak month for divorce filings. Divorce filings uptick in January and reach a crescendo in March. This phenomenon is no doubt related to new year’s resolutions and people’s commitment to take action and make the changes they feel are necessary in their lives.

Once your divorce or paternity action is final you may think you will never have to re-visit those issues again. The ink is dry on the Final Judgment! It has been filed with the clerk’s office! After all that time and trouble, everyone has adjusted to a new routine. But wait a minute!

While hundreds of same-sex couples happily lined up this past Tuesday to get married after a federal judge ruled the state’s ban on same-sex marriage unconstitutional, Florida divorce lawyers readied their practices for more business.

We receive many questions about the age when a child may testify in court. During a divorce proceeding- especially contentious ones- where the parenting plan is in dispute, the children wind up squarely in the middle.

Over the last several months in Florida, there have been several interesting cases that have emerged in family court divisions around the state, which eventually will make its way to conclusions at the State’s Appellate Courts, and possibly the U.S. Supreme Court.

Emotions may run high between partners or spouses during or in the aftermath of a divorce. The temptation to lash out at one another using Facebook or Twitter should be avoided. Unfortunately, statistics demonstrate that incidents of cyberstalking are on the increase nationwide.