Category Archives: Family Law and Marital Law
Recent Study Investigates How Gray Divorce Impacts Familial Landscape
The Journals of Gerontology: Series B recently published a study examining the effects of “gray divorce” on parent-child relationships. Gray divorce is a divorce that occurs in populations aged 50 and over. It is becoming increasingly common across the United States. In fact, gray divorces make up a large cross-section of the overall number… Read More »
Newest Divorce Study Indicates Divorces Are on the Decline
You’ve heard the statistic that 50% of all marriages end in divorce. That statistic was widely popularized in the 1970s just after the Cultural Revolution reshaped the American landscape forever. Today, the statistic is still widely believed. However, the most recent data indicates that a 50% divorce rate is no longer accurate. Both divorce… Read More »
Appeals Court Rules on Termination of Alimony Due to Supportive Relationship
It is not uncommon for a Florida divorce settlement to include some form of alimony or spousal support paid by one spouse to another. In such agreements, the individual paying alimony may stipulate that the alimony would terminate if the spouse receiving alimony enters into a supportive relationship with another partner. The Third District… Read More »
Legal Agreements for Separated Couples Who Live Apart While Staying Married
In some cases, a couple will agree to separate while remaining married. The decision to do so is a personal one. You may not be ready for the finality of a divorce or there may be financial reasons for avoiding divorce. Regardless of your reasons, you will want to put certain things in writing…. Read More »
Filing an Emergency Custody Order in Florida
Emergency custody orders should be used sparingly. They are filed when one parent alleges that there are indications that a child is in immediate physical danger, experiencing abuse, or at risk of being removed from the state. If you believe that your child is in danger or that your co-parent is planning to abscond… Read More »
Can the Florida Courts Annul a Marriage?
Most people think of divorce as a legal matter and annulment as a religious one. Christians, for example, may consider annulling a marriage if the couple never consummated the marriage (ie: had sexual intercourse). The courts seldom concern themselves with what goes on in a couple’s bedroom. But there are reasons that the court… Read More »
The Involuntary Termination of Parental Rights: When Can the Courts Take a Child Away from a Parent?
It goes without saying that the Florida courts default on giving parental rights and custody of the children to the child’s biological parents. In legal terms, custody is defined as physical residence with a parent and the decision-making power to make decisions on behalf of the children. This decision-making power can include aspects related… Read More »
What is Discovery in a Tampa, FL Divorce?
The term “discovery” is lawyerly language for the exchange of documents that is necessary for the parties in a divorce proceeding to be fully informed as to all the relevant facts in a divorce case. For example, how would one calculate alimony or child support without knowing the financial information of the party who… Read More »
Is Mediation Mandatory in a Florida Divorce?
Florida has no specific rule that requires spouses to mediate their divorces. However, certain counties do have rules that require mediation prior to litigating a divorce. Hillsborough County, where Tampa, FL is found, does have such a requirement. Couples in Tampa, FL will have to at least try to resolve their issues in mediation… Read More »
What is the Dissipation of Assets in a Florida Divorce?
Adultery is one of the most common reasons for divorce. However, Florida is a no-fault state when it comes to divorce. That means that fault-based grounds are not considered by the court when determining the division of assets. In Florida, the only legal grounds for divorce is the breakdown of the marriage colloquially known… Read More »