Family Law / Divorce

Beginning in July 2010, changes to the Florida statute governing alimony were put into effect. Below is a brief summary of the different types of alimony and how an award of alimony is determined. The Courts look at several factors in making a determination of alimony. First, the length of the party’s marriage must be examined. There is a rebuttable presumption that a short-term marriage is a marriage lasting less than 7 years. A moderate-term marriage is a marriage lasting more than 7 years but less than 17 years. A long-term marriage is a marriage lasting longer than 17 years. […]

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 […]

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. […]

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: […]

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 […]

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 […]

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 […]