Many times clients come in and tell us that the Mother wants to terminate the Father’s rights to their child(ren). Sometimes this means that the Mother wants to exercise sole parental responsibility (decision-making) and not allow the Father to have any timesharing with the child(ren). In order to have this happen, the Mother would have […]
Getting Out of Your Mortgage During Divorce
Often times, a couple’s largest asset and/or liability is the marital home. In many cases, when a couple contemplates divorce, they agree to sell the home and use the proceeds to pay off their marital debt and divide whatever is left. However sometimes, one party wishes to keep the marital home. This can affect the […]
Mitchell vs. Mitchell
In Mitchell vs. Mitchell, a domestic violence injunction was reversed because it was not supported by competent substantial evidence. Phone calls and text messages have been found by Florida courts to constitute general harassment and therefore insufficient to ground an injunction. Similarly, verbal violence, mental instability, a bad temper, depressive and suicidal statements, angry messages, […]
When Can A Prenuptial Agreement Be Overturned?
When we last discussed prenuptial agreements in this blog, we focused primarily on the creation and enforceability of such agreements, and uncovered that a valid premarital agreement may be unenforceable for a variety of reasons pursuant to Florida Statute 61.079. So how does this actually play out in real life? Within this blog, we now […]
Ketcher v. Ketcher
In Ketcher vs. Ketcher, the amount of alimony awarded was remanded because the Final Judgment lacks findings supporting the award. Also, the order that the Husband secure life insurance coverage of $100,000 was remanded because it exceeds the debt that he was ordered to pay, and there are no findings discussing the discrepancy. ketcher-v-ketcher
Are prenuptial agreements enforceable?
A Premarital Agreement, commonly known as a Prenup, is, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. 61.079(2)(a). Said agreements may be enforceable, as well as unenforceable, in a variety of different situations. To begin to understand this area of the law, one needs to explore Florida […]
Do Men Have Legal Rights Concerning Abortion?
The law as currently written, does not provide men the right to participate in the process a women engages in when deciding whether or not to have an abortion. There have been two U.S. Supreme Court cases that presented this issue (Planned Parenthood v. Danforth and Planned Parenthood v. Casey) and both found the requirement […]
Sherlock vs. Sherlock
In Sherlock vs. Sherlock, the appellate court upheld the trial court’s imputation of income and subsequent denial of alimony. The imputation was based upon a reasonable rate of return from the assets available to the Husband, including his present home. The appellate court acknowledged that the trial court should not have imputed income to the […]
Men’s Legal Rights During Separation / Florida Myth-Busting
Many people often ask us about “legal separation”. Often the clients that ask about this are originally from the Northeast, such as New York or Massachusetts, and the question is understandable because many states in the Northeast and elsewhere have as a requirement to divorce that the parties be separated for a period of time; […]
Men’s Divorce Survival Guide – Top Ten List of Tips
10. Don’t wait, file the papers. A lot of men go back and forth on whether to go through with divorce. Others know their marriage is over, but they simply procrastinate. If you know for certain that your marriage is over, and it is in fact irretrievably broken, don’t wait to file the petition for […]