Category Archives: Family Law
Uneven Distribution of the Marital Estate
In most Florida divorces, the court has to make an equitable distribution of the couple’s property or the marital estate. This means that the distribution has to be fair but not necessarily equal. Most people think that the marital estate is split in half every time. In most cases, it is, but in many… Read More »
Florida Family Law Case Addresses Child Relocation
Relocation cases tend to be emotionally charged. One parent stands to lose access to the child if the other parent moves. The timesharing schedule needs to be completely rewritten, and the move will impact the child’s status quo. In Florida, there is a particular statute that deals with relocation cases, and the courts must… Read More »
Florida Court Addresses Contested Alimony Award
One of the most contested issues in Florida divorce cases is the award of alimony to one of the spouses. Even if both parties have agreed that the marriage is no longer working, they may have differing opinions on the awarding of support, the amount of support, and the type of alimony. The Florida… Read More »
Attorney’s Fees in Florida Divorce Cases: Can I Be Forced to Pay My Spouse’s Legal Fees?
Attorney fees are often awarded in Florida family law cases to equalize the playing field between spouses. The court has broad discretion to grant an award of attorney fees to one party to pay the fees of the opposing party under Section 61.16 of the Florida family law code. However, this discretion is not… Read More »
Florida Prenuptial Agreements and Contract Enforcement: When Is a Prenup Not Enforceable?
Prenuptial agreements provide spouses with predictability and control over financial rights in the event of divorce, but they also create a number of complex issues regarding fairness, disclosure, and judicial enforcement. In this article, we’ll discuss a case in which the Florida Supreme Court decided an issue at the heart of contested prenuptial agreements:… Read More »
How Do Florida Courts Handle Child Relocation Petitions?
Child relocation disputes rank among the most contested issues in Florida family law. Whenever one parent wants to relocate the child more than 50 miles away from their principal residence, the Florida court is required to weigh the reasons why the relocating parent wants to move against the rights of the non-relocating parent to… Read More »
Davis v. Davis — Case Summary & What It Means for Custody Disputes
When parents divorce or separate under Florida law, any custody order must do more than simply decree where the children live — the court must explicitly find that the parenting plan is in the “best interests of the children,” and address all minor children, parental responsibility, and any claims for assets or support. Davis… Read More »
Castleman v. Bicaldo — What Happens When a Parent Wants to Relocate Out of State
The case Castleman v. Bicaldo is a landmark for relocation disputes under Florida’s parental relocation law. It clarifies that a parent may not simply just up and move a child out of state or even the next county over. Instead, relocation must be evaluated at the time of the petition under the statutory factors… Read More »
Farley v. Farley — Contested Alimony in Florida
Alimony in Florida is often hotly contested, especially when the parties disagree about the amount, duration, or even whether it should be awarded at all. Farley v. Farley illustrates how an appellate court scrutinizes alimony awards, particularly long-term, and why trial courts must make clear, statutorily required findings. Background of the case In Farley… Read More »
Flaherty v. Flaherty — What Happens When a Prenup is Signed Under Pressure
Prenuptial agreements are common tools for individuals seeking to define financial rights and obligations before marriage. But under Florida law, a prenup is only enforceable if it was entered into voluntarily, with fair disclosure, and without coercion or duress. Flaherty v. Flaherty shows how a court can invalidate a prenup when those safeguards break… Read More »
