Author Archives: Jay Butchko
Florida Appeals Court Reverses Domestic Violence Injunction
Domestic violence injunctions aim to ensure safety from actual dangers of violence or abuse. Nonetheless, the Florida court system obligates those who petition the court for an injunction to provide enough evidence to justify issuing the order. One example of this is the case we’re about to review. Background of the case This is… Read More »
Can You Lose Your Inheritance During a Florida Divorce?
In many Florida divorces, it is not uncommon for one party to be the recipient of an inheritance, which can take the form of cash or property from parents or other relatives. According to Florida law, inheritances fall under the category of nonmarital properties and are usually protected from division in a divorce. However,… Read More »
What Must a Parent Prove to Relocate a Child in Florida?
Cases that involve the removal of children are among the most emotional of all Florida family law matters. This is especially true in cases where one parent decides to move outside of Florida. This decision to relocate may have an enormous impact on the other parent’s time-sharing arrangements. Whether the move will be in… Read More »
When Does Fear Justify a Domestic Violence Injunction in Florida?
Domestic violence injunctions are very potent legal devices that serve to protect people from physical abuse or threats thereof. It is important to realize, however, that the courts in Florida are not ready to grant a permanent injunction simply because there is tension between the couple, or even some form of emotional abuse. In… Read More »
How Florida Courts Address Parental Alienation and Co-Parenting Responsibilities
When a divorce or custody case arises, and one parent disrupts the connection between the child and the other parent, the case can become very complicated. The laws of Florida understand that it is always best for the child to have both parents have a positive relationship with the child, and when that relationship… Read More »
What Happens If a Spouse Wastes Marital Assets Before Divorce?
One of the more common claims that occur in Florida divorces is when one party accuses the other of wasting marital funds before the divorce. This includes instances where one spouse emptied a shared bank account, gambled away funds from the marital estate, spent money on affairs, or purposefully devalued marital property. In this… Read More »
Understanding Grandparent Visitation Rights in Florida
Grandparents have an important role to play in the upbringing of children. They also become very significant in families that experience problems, such as separation, divorce, and even the loss of the child’s parents. Nevertheless, according to the Florida Constitution, there is strict protection of parents’ rights to act in their child’s best interests…. Read More »
Florida Case Examines Errors in Alimony Awards
Alimony is one of the most contested issues in Florida divorce cases. The court has to strike a balance between the financial needs of one spouse and the other spouse’s financial capacity to pay. The court’s misapplication of the law or incorrect financial calculations can lead to an appeal against its decision. In this… Read More »
A Landmark Florida Case on Contested Paternity Rights
Disputes over paternity can involve a myriad of legal issues, especially when a biological father seeks to establish his parental rights despite opposition from the child’s mother. Over the years, Florida has recognized the need to establish a child’s parentage, not only for emotional and family reasons but also for legal purposes, including child… Read More »
Florida Supreme Court Case Clarifies Attorney’s Fee Awards in Divorce Cases
Divorce tends to be expensive. In situations where one spouse has considerably more earning power than the other, the Florida courts can see fit to require the higher-earning spouse to pay the other spouse’s legal fees. This is intended to guarantee that each spouse has the opportunity for competent and skilled representation in the… Read More »
