Often times at the outset of a divorce, men begin wondering what to do regarding their home, their bills, their insurance policies, etc. They want to begin cutting ties with their old life and begin establishing a new one. More often than not, the appropriate course of action during the pendency of your divorce is […]
Category: Divorce
Parental Alienation
Parental alienation occurs when one parent takes steps to isolate the child through words and actions meant to damage or destroy the child‘s relationship with the other parent. These steps are often deliberate and malicious on the part of the alienating parent. Alienation often happens when parents are ending their relationship and can be committed […]
Cell Phones and Social Media in Family Law Litigation: “Don’t say, or do, anything online, or via text, that you wouldn’t say, or do, in front of the judge.”
This is a very difficult subject to try to give advice upon because most of us are not feeling what you are feeling in that moment when you press “send” or “post.” During the family law litigation process emotions are high and reactions are rapid and unpredictable. To even the most calm and centered of […]
Update on Timesharing Bill – Florida Senate
The timesharing bill has received a favorable vote in the Senate Rules Committee. This is the bill that will establish a presumption that timesharing plans are to be approximately equal. The presumption may be overcome by consideration of the factors that we are used to, plus two additional factors that have been created. The bill […]
Florida Senate Tracker Update – Alimony Legislation
The alimony saga in the Florida legislature has taken an unexpected twist. Until yesterday, two separate bills (HB 455 in the House, and SB 668 in the Senate) were moving toward votes in the full chambers. Yesterday, however, Senate Bill 668 was amended in its entirety to delete the alimony guidelines and instead establish a […]
Florida Alimony Bill Update
House Bill 455 is the current Alimony Bill under consideration. It passed the Civil Justice Subcommittee by a vote of 9-4, and then was passed to the Judiciary Committee. An amendment was added yesterday (not a substantive amendment). A vote will be upcoming in the Judiciary committee shortly (not yet scheduled), and if it passes […]
Brannon v. Palcu
In Brannon vs. Palcu, the appellate court granted a writ of certiorari because the trial court ordered that an otherwise privileged email between lawyer and client be produced under the conspiracy-fraud exception to the attorney-client privilege. An evidentiary hearing would be required before the privilege could be breached. Brannon v Palcu
Taylor v. Taylor
Taylor v Taylor In Taylor v. Taylor, the 2d DCA reverses an award of durational, rather than permanent, alimony. The identified problem essentially was twofold, but really comes down to an absence of statutory findings. There is a lack of findings necessary to support the use of durational rather than permanent alimony, and the amount […]
Kelley v. Kelley
Kelley v Kelley In Kelly v. Kelly, the 4th DCA reversed and remanded the final judgment on the issues of equitable distribution and alimony. As to ED, the trial court had stated its intention to make equal awards to the parties, but a mathematical error in the equalizing payment made the award significantly unequal. As […]
Lessons Learned in Divorce Litigation
To paraphrase Santayana: those who fail to learn the lessons of history are doomed to repeat it. Here are a few of the lessons I have learned in almost two and a half decades of divorce litigation: Wait too long to file for divorce/modification/enforcement. The date of filing a divorce has the important distinction of […]