Kristen Bishop

October 13, 2017

Top 3 Things You Need to Know about Child Support in Florida

Are you contemplating a dissolution of marriage or a paternity case in Florida with minor children involved? If so, you should be aware that the law requires that child support be established. Here are the most important things you need to know about it: Child Support is the right of the child – not the parent. This means that, in general, child support cannot be waived or relinquished since it is the child’s right to be financially supported by both parents. Child Support is based on guidelines set by the Florida Legislature. These guidelines are known as the Child Support […]
February 13, 2017

Understanding Alimony in Florida

Different states have different standards for alimony – also known as “spousal support” – and Florida is no exception. Before awarding alimony, the Court must first make a determination of need and ability to pay; i.e., a party seeking alimony must show their need for the alimony and the other party’s ability to pay alimony. The Court then examines the length of the marriage. There is a presumption that a short-term marriage is less than 7 years; a moderate-term marriage is more than 7 years but less than 17 years; and a long-term marriage is longer than 17 years. Then […]
January 17, 2017

Do’s and Do Not’s for Divorce in a Digital Society

How often have you heard someone say that a new relationship or a break-up isn’t official until it’s posted on Facebook? In today’s hyper-digital society, it’s easy to expose private details of your life in very public places, and attorneys who practice in the area of family law are keenly aware of this. As a result, social media websites are now fair game for gathering information and evidence to use against the opposing party. If you’re separated or contemplating a separation, here are some social media do’s and don’ts to help protect your family law case: 1. DO set all […]
February 9, 2013

Simplified Dissolution of Marriage

Often, we are asked what is the difference between a simplified dissolution of marriage versus a dissolution of marriage. The short answer is that a simplified dissolution of marriage is a less complicated procedure for obtaining a divorce for couples who meet certain requirements and are willing to waive certain rights. Requirements: Grounds: Both parties must agree that the marriage is irretrievably broken (i.e., nothing can be done to save the marriage). Residency: Under Florida Statute 61.021, a person must have resided in the state of Florida for at least six months prior to filing for dissolution of marriage. The […]
April 23, 2012

Dissolution of Marriage

Basics of Filing for a Dissolution of Marriage In order to file for a dissolution of marriage in Florida, certain basic requirements must be met. Grounds: Florida is a no fault divorce state. This means that an individual seeking a dissolution of marriage does not have to prove that the other party did something wrong in order to obtain a dissolution of marriage. Under Florida Statute 61.052, in order to obtain a dissolution of marriage, a person must plead one of the following grounds (reasons): (1) the marriage is irretrievably broken, or (2) one of the parties has been declared […]
February 9, 2012

Proposed Changes to Florida’s Alimony Laws

New legislation has been proposed in both the Florida House of Representatives (H.B. 549) and the Florida Senate (S.B. 748) that would make considerable changes to Florida’s Alimony Laws. If approved by the Legislature, these changes could result in significantly lower alimony payments.Some of the major changes proposed by House Bill 549 include: Capping alimony awards at 20% of the payor’s monthly net income over the last 3 years of the marriage.Defining the length of a long term marriage as 20 years instead of the current 17 years.Limiting the maximum time duration for alimony based on the length of marriage […]
November 18, 2011

10 Social Media Tips to Protect Your Family Law Case

In today’s social media world, the running joke is that a new relationship or a break-up/separation is not official until it has been posted on Facebook. People see their Facebook pages or Twitter accounts as an extension of themselves, and as such, discuss many private details of their lives on these very public websites. Attorneys working in the area of family law have become keenly aware of this and now use these social media websites to gather sensitive information and evidence to use against the opposing party. Here are some social media tips to help protect your family law case: […]
August 17, 2011

Tips for Co-Parenting after a Divorce

Going through a divorce is often one of the most stressful and traumatic events a person will go through in his or her life. However, despite this, when there are children involved, parents must continue to find a way to effectively co-parent and communicate after the final dissolution of marriage is granted. Below are some tips for co-parenting after a divorce has been finalized. Be respectful.Do not intentionally start fights or degrade the other parent. Remember, you have to work together and co-parent until the child/children reach the age of 18. Communicate. Effective communication is the key to successful co-parenting. […]
August 5, 2011

Domestic Violence Injunctions

Under Florida law, an individual can apply to the court for a Domestic Violence Injunction. Florida Statute 741.30 creates a cause of action for an injunction against domestic violence and provides guidelines for applying for and receiving such injunctions. Florida law requires that there be a reasonable fear of imminent physical violence and that the other individual is capable of causing harm or injury. Generally, words or threats on the telephone are not enough. In order to obtain a domestic violence injunction, an individual must apply for one at their local clerk of court office. This individual is known in […]
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