No matter which holidays your family celebrates, there are sure to be some tried and true family traditions. When your family is going through a divorce or paternity action, it is easy to get caught up in the negative emotions and to want to ignore the holidays. However, your children need to feel secure in […]
Tag: family law Florida
Brewer v. Chastain
In the attached case we are reminded once again that “repeat violence” has a specific statutory meaning, and that Petitions that do not properly allege repeat violence as the statute defines it will not be granted. Read More: Brewer-v-Chastain
Exclusive Use Of The Marital Home
During a marriage the parties enjoy a status that is similar to a partnership. That is, all assets and liabilities of the partnership (marriage) are jointly owned in equal proportions by the partners, including the marital home. Partners in a business venture may define their partnerships in unequal proportions (for example, one partner may have […]
Holiday Gift Giving
The holiday season is upon us. If you are in the middle of a divorce or paternity case, you are likely feeling pressure to make the holidays extra special. You may be tempted to overspend on gifts for your children in order to make up for the confusion they are feeling or for “breaking up” […]
What Is The Significance Of Filing A Petition For Dissolution Of Marriage As It Relates To Assets And Liabilities?
According to FS 61.075(7), the cut-off date for determining marital assets and liabilities is the date of filing, unless there is a written agreement otherwise. So, if you are concerned that your spouse may acquire debt for which you will become liable, filing the petition will establish the date where that cannot happen. All assets […]
Options To Challenge A Final Judgment: A Complex Area Of Law
Have you recently gone to trial in your case and received a final judgment? Do you not agree with the judgment? Do you want the judgment overturned? You have several options: 1) Appeal – Under the rules of appellate procedure, you have 30 days from the date the judgment was rendered (ie – the date […]
Williams v. Williams
In the following case, the appellate court reversed the trial court’s award of attorney’s fees without making the required findings and without considering that the Husband did not have the ability to pay. Also the trial court was reversed because it awarded the dependency deduction to the wife despite the fact that she did not […]
P.E.A.C.E. In Divorce
Family law attorneys are often asked if there is an order in which the Court decides various issues in a divorce. The answer is, yes. The acronym P.E.A.C.E. sets forth the order in which the Court will determine the issues in your case. P.E.A.C.E. stands for: (P)arenting; (E)quitable Distribution; (A)limony; (C)hild Support; and(E)verything Else. Why […]
Moral Fitness Of Parents
Florida Statute 61.13(3) sets forth 20 factors that the Court must use when determining a parenting plan and parental responsibility. One factor is F.S. 61.13(3)(f): the “moral fitness” of the parents. Different families will have different views of what is proper moral behavior and what is not. So, how does the Court determine when the […]
Modifiability Of Asset And Liability Distribution
Simply put, when a Final Judgment is entered which distributes the marital assets and liabilities to the now-former spouses, the trial court loses the ability (jurisdiction) to modify the distribution at some later date. There are a few exceptions to that general rule, but the exceptions would only apply in very narrow situations. Absent those […]