Sophisticated Solutions From A Caring Legal Team
Florida family courts have wide latitude in formulating parenting plans and timesharing schedules. Nevertheless, the exercise of such latitude should not contradict other rulings. In the case we’re about to review, the court made conflicting rulings, and the case made its way to the appeals court. Background of the case In this case, the parents were divorced and raising a…
One issue that is often misunderstood is whether or not retirement benefits are divisible in a divorce. In other words, is your spouse entitled to your retirement benefits? The answer is yes, retirement benefits are part of the marital estate, and as such, they can be awarded to the other spouse in accordance with equitable distribution. In this article, the…
Florida divorce decrees frequently contain several complicated factors, such as equitable distribution, spousal support, and financial determinations. Although trial courts have been granted considerable latitude in addressing these concerns, their rulings are required to satisfy the relevant statutes and be based on proper evidence. Should they fail to meet this standard, the appellate courts can intervene. In this article, we’ll…
Contested cases of child custody and time-sharing are some of the most complex and contentious cases in Florida family law. When trial courts rule in cases involving parental responsibility and parenting plans, Florida Statutes § 61.13(3) call for extensive evaluation of numerous “best interest” factors, and under the current statute, written findings to support the ruling. This was made clear…
In Florida, domestic violence injunctions are civil orders that can have major consequences for both parties. The injunction can restrict an individual’s ability to contact or approach another person, have a profound impact on child custody, and even lead to criminal penalties if the injunction is violated. Due to these factors, Florida law requires that injunctions be grounded in sufficient…
Florida law starts every analysis of equitable distribution with the presumption that all marital assets and debts should be split evenly between the two spouses. However, this presumption is not absolute. A court can order an unequal distribution of marital property if it finds that one of the statutory reasons justified a departure. In this article, we’ll discuss a decision…
In Florida, child support disagreements often hinge on one key factor: income. While some parents receive a regular paycheck, others operate businesses or report earnings on tax returns that don’t necessarily represent the actual funds available to cover support obligations. This distinction is critical because support calculations must reflect a parent’s true financial capacity, not just what’s shown on paper.…
The equitable distribution law in Florida grants the court the authority to deviate from the equal distribution of marital property if one of the spouses intentionally dissipated or wasted marital property before the divorce. In the event that the court must address the dissipation of assets, it must make factual findings and use strong evidence to support the decision. In…
Within the past few years, Florida’s alimony laws have undergone substantial changes. Gone is permanent alimony, which has been replaced by durational alimony. In this article, we’re going to discuss a case related to an alimony award. The former husband appealed the award claiming that the trial court abused its discretion when awarding durational alimony after a long-term marriage. The…
Equitable distribution is not necessarily equal distribution. In cases where one of the spouses intentionally dissipates (or wastes) marital assets, trial courts have the authority to favor one spouse over the other when dividing the marital estate. Not all dissipation of funds is considered legal dissipation, however. In this article, we’ll discuss a real family law case wherein one spouse…