Category Archives: Family Law
Can Premarital Property Become Marital Property Even With a Valid Prenup?
A prenuptial agreement is supposed to settle, in advance, what happens to certain property if a marriage ends. But what if the parties’ behavior during the marriage suggests one spouse intended to share that property anyway? Can a spouse’s actions override a written agreement without ever changing the title on a deed? The Florida… Read More »
How Much Proof Does a Parent Need to Relocate With a Child in Florida?
If you share custody of a child and want to move to another city or state, whose job is it to prove that the move makes sense? Is it up to you to show the move benefits your child, or does the other parent have to prove that it does not? A Florida appellate… Read More »
When Can a Mother Disestablish a Child’s Legal Paternity in Florida?
DNA testing has changed the landscape of paternity disputes, but Florida law does not treat every newly discovered test result the same way. Does it matter who is asking the court to disestablish paternity, the father or someone else? A recent Florida appellate case tackled this exact issue, and the outcome surprised many family… Read More »
How Florida Courts Handle Parents Who Undermine Co-Parenting
Parental disagreements regarding divorce and custody issues often lead to strained relations that can persist for years following the separation. The courts of Florida advocate for parents who want their children to have healthy interactions with their co-parents. If one of the parents stands in the way of this, it is likely that the… Read More »
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 »
