The Issue: Parenting Plans Are Hard to Modify Divorce is never easy, especially when children are involved. As a parent, you want to ensure that your child’s well-being and happiness are not compromised by the separation. But how can you do that when you and your ex-spouse have different views on what is best for […]
How to Build Flexibility Into Your Parenting Plan With This Simple Clause Read More »
Enhancement and Efforts In a recent decision, the Florida Fourth District Court of Appeal held that the appreciation of a wife’s nonmarital advance against inheritance was not a marital asset. The court found that the husband had not met his burden of proving that either party’s “efforts” resulted in enhancing the value and appreciation of
Marital Asset or Not? The Case of the Nonmarital Inheritance Read More »
If if you have children outside of marriage in Florida, you should get a court approved Parenting Plan. Or risk not being able to see your child until a court figures things out. This is true even if you are the named father on the birth certificate. A recent case out of Florida’s 5th District
Baby Daddies in Florida Need Parenting Plans Read More »
For divorcing parents, a new Florida court ruling makes it harder for one parent to request ultimate authority to make decisions for the parties’ children. Florida resolves custody issues for divorcing parents through a Parenting Plan. Put differently a Parenting Plan is a custody order. Parenting Plans have to address how divorced parents will
Shared Parental Responsibility in Florida Read More »
We love our pets. How are pets handled in a Florida divorce? In a Florida divorce the court treats pets as “personal property,” and handles pets the same way as cars, jewelry, pots and pans, and other items of stuff. The more detailed explanation of how pets are handled in a Florida divorce, was recently discussed
How are pets handled in a Florida divorce? Read More »
Florida allows alimony to be reduced or terminated if the spouse receiving alimony lives in a “Support Relationship” with their boyfriend or girlfriend.* What is a Supportive Relationship? The statue providing the definition of a Supportive Relationship lists a number of red flags indicators. The pooling of income and assets is often perceived as one
Supportive Relationships – Florida makes it easier to terminate alimony Read More »
To protect children in a divorce, a trial court sometime has to include parenting restrictions in the child custody order. Examples of protective restrictions are supervised visits, reductions in parenting time, counseling requirements, or requirements related to a parent’s substance abuse problem. Sometimes the restrictions are directly related to a parent’s problems or behavior, and
Removing parenting restrictions in Florida divorce cases just got harder Read More »
(Or why you really need a lawyer if you are dividing retirement benefits) The rock musician Meat Loaf, in his 1977 hit “Paradise by the Dashboard Light,” makes a promise to love his girlfriend “until the end of time.” If you know anything about the song, you know that it was a poorly made promise.
So now I’m praying for the end of time Read More »
What happens when hand written changes are made to a printed Marital Settlement Agreement? In order to settle a divorce case in Florida, both spouses will need to sign a Marital Settlement Agreement (“MSA”). Typically, a MSA is presented in a printed format by one spouse to the other Sometimes, the spouse receiving the proposed
Can you make handwritten changes to a Marital Settlement Agreement? Read More »
Litigate or Collaborate? Amy and John are getting a divorce. They are at a standstill over the number of weekday overnight they each will have with their two boys, ages 10 and 11. John would like to split the weekday overnights. Amy would like all weekday overnights, every week. (Weekday = Monday – Friday).
Getting to “yes” in divorce Read More »
