In Florida, the courts have a number of ways to enforce a child support order. The state of Florida presumes that each parent has a duty and a responsibility to provide support for their children. When a noncustodial parent refuses or is unable to pay child support, the parent receiving child support payments can petition the court for a contempt…
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Contested Versus Uncontested Divorce in Florida: What’s the Difference?
Divorces in Florida can be divided into two types: contested and uncontested divorces. An uncontested divorce is one in which the parties have agreed on all major issues related to the divorce. These include issues such as property division, alimony, child custody, and child support. If the couple is able to sit down and draft an agreement that manages to…
What Does Florida Statute § 61.13 Have to Say About Timesharing Agreements?
The statute that governs time sharing under Florida law can be found in section 61.13 of the Florida Statutes. In this blog post, we’ll take a look at the statute, its role in Florida family law, and what it means for you as a parent navigating the family court system. Understanding Florida Statute § 61.13 According to Florida Statute §…
Grounds for Divorce in Florida: Understanding Our No-Fault System
When it comes to divorce, Florida is considered a no-fault state. In other states, divorcees are allowed to blame their spouse for the breakdown of the marriage. Such grounds include adultery, cruel or inhuman treatment, or imprisonment. In Florida, we only allow no fault grounds for divorce. This makes divorce considerably simpler. Florida is one of a number of states…
What Is Parental Alienation Syndrome?
Parental kidnapping is the most extreme form of PAS. In most states, about 75 percent of missing children are abducted by a noncustodial parent. Usually, the kidnapping parents convince themselves that their former spouses are such bad parents that they must remove their children from these situations to keep their children safe. A lesser form of the disorder also known…
Should We Get a Premarital Agreement?
Until recently, only wealthy individuals with high-priced lawyers bothered with a premarital agreement. The laws were very complex. But recently, Florida lawmakers adopted the Uniform Premarital and Marital Agreements Act. This Act greatly streamlined the process, both in terms of making and breaking a premarital agreement. Furthermore, a Florida prenup may now be enforceable in another UPMAA state, such as…
The Three Cs of Divorce Mediation
The success rate of divorce mediation is over 75 percent, mostly because of the three Cs of mediation, which are discussed below. Usually, family law judges order parties to undergo mediation if informal settlement negotiations stall or break down. Exact procedure varies in different cases, but here’s how it usually works. A professional mediator listens to brief opening arguments from…
Top Five Property Division Factors in a Florida Divorce
The Sunshine State, like most other jurisdictions, is an equitable division state. Upon divorce, marital property must be divided equitably, so that the divorce isn’t an unfair financial burden on either spouse. Notably, only marital property is subject to equitable division. The distinction between marital and nonmarital property is often unclear, mostly because of property commingling. More on that below.…
An Overview of Collaborative Divorce in Florida
Traditionally, divorces were litigated in front of a judge with each side battling it out against the other to address issues like equitable distribution of the marital estate, spousal support (alimony), child custody, and child support. Eventually, these divorces clogged up the courtrooms, and mediation was introduced to help take some of the pressure off the courts. Today, Hillsborough County…
What is the Discovery Phase of a Divorce?
Divorce, among other things, is the legal process for dissolving a marriage. It’s generally complex which is why most people elicit the aid of attorneys to help them through the process. One of the most important steps in a divorce proceeding is the discovery process. The discovery process ensures that both parties have access to the necessary information to make…