The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained. The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the […]
Tag: attorney for men
Smith v. Smith
In Smith v. Smith, the applicable date for determining whether assets and liabilities are classified as marital or nonmarital was the date of the filing of the petition for dissolution of marriage. Assets and liabilities not in existence on that date should not be classified as marital. Thus, the equitable distribution scheme that the trial […]
Richeson v. Richeson
According to Richeson v. Richeson, a court has no authority to partition jointly-held property in the absence of the parties’ agreement or a specific pleading requesting partition. Richeson v Richeson
How to properly relocate from the State of Florida when you have children.
Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies […]
Before, During and After the Divorce
You’re getting a divorce. Divorce is often a long, emotional, stressful process. Many times, people are so focused on the divorce process that they forget about the parts of their life that will not be covered in the divorce proceedings. Matters such as health care directives and estate planning will likely not be fully addressed […]
Retirement Accounts in Divorce: Assets or Income?
According to Florida law, retirement accounts can be treated as both an asset AND a source of income for alimony purposes. So, in the context of seeking alimony modification due to retirement, courts are correct to look at retirement accounts now in pay (distribution) status as sources of income for the alimony payor, even though […]
Emotional Attachment To Assets In Divorce Negotiations
One of the things that happens when a couple gets a divorce is the separation of assets and liabilities. Prior to going to trial, the couple is ordered by the Court to attend mediation in order to allow the parties to resolve all, or as many issues as possible, before involving the Court. In mediation, […]
Overcoming Anger and Resentment
How essential is the ability of parents to put aside their personal feelings about each other and put the needs of their children first? You only need to look to Florida Statute 61.13 to see that the Court places great importance on parents being able to separate the feelings they have for each other with […]
How Does Reunification Work In Cases Of Alienation?
If a parent has been absent from a child’s life for a significant time, it may be helpful to hire a mental health professional to assist the temporarily absent parent to reconnect with the child. Children, especially young children, who have not seen a parent for a long time, may be unsure of the parent […]
Arquette v. Rutter
The followingis a child support modification case under UIFSA. The Florida court never obtained subject matter jurisdiction allowing it to modify the foreign court’s child support order, so the modification was void. UIFSA has specific requirements to grant a state the jurisdiction to modify a foreign court’s child support order, none of which was satisfied […]