Florida law allows parties to agree that a private judge may resolve their disputes in lieu of a traditional courtroom setting. When properly authorized, private judges have the same authority as trial judges to make binding rulings. A recent Florida case reinforces the legal enforceability of such agreements and the…
In Florida, annulments are granted under narrow circumstances and require proof of a legal defect in the marriage. Simply regretting a marital decision or believing that a spouse entered the union under false pretenses does not meet the legal standard. This was illustrated in a recent Florida case in which…
Property division in divorce cases is often a battleground, especially when significant assets like the marital home have appreciated in value. The timing of asset valuation can make a substantial difference in how property is distributed, and courts must carefully assess the appropriate date to ensure fairness. For example, in…
In Florida, the division of property in divorce cases must be supported by legally sufficient findings that justify any deviations from an equal division of marital liabilities and assets. This was emphasized in a recent Florida decision in which the court held that a trial court erred in assigning a…
In Florida, the rules of procedure grant parties the broad discretion to withdraw their cases, including dissolution proceedings. A recent Florida decision reaffirmed this principle, holding that a spouse who voluntarily dismisses a petition for dissolution of marriage retains the right to do so, provided there are no pending counterclaims.…
Discovery is a key component of Florida divorces, as it allows parties to determine one another’s financial status, which in turn allows the courts to determine their rights and obligations. Such disclosure may not be necessary in cases involving prenuptial or antenuptial agreements, however, as discussed in a recent Florida…
Under Florida law, issues related to the enforcement of temporary support orders during divorce proceedings must adhere to the principles of finality and jurisdiction. Courts must carefully navigate procedural rules to ensure compliance with interlocutory and final judgments, avoiding errors that could render orders unenforceable. The importance of correctly applying…
Under Florida law, courts determining alimony modifications must assess whether substantial changes in circumstances justify altering prior agreements. Courts are required to base their decisions on competent evidence and equity considerations. A recent Florida decision highlights the importance of detailed analysis and evidence when evaluating whether retirement can justify a…
Under Florida law, courts may enforce alimony provisions from out-of-state divorce agreements but are limited in their authority to modify these obligations. This was illustrated in a recent case in which a Florida court reviewed a trial court’s ruling involving alimony credits from Social Security payments and clarified that an…
Although Florida law anticipates that parents will provide financial support for their children, the obligation to do so typically ends when the children reach the age of majority. Parties are free to enter into agreements that enlarge their responsibilities, however, and dictate that they will provide support for education or…
