Generally, when Florida residents are engaged in disagreements over parental rights, they will file a custody action in the county in which they or their co-parent resides. If a Florida court can validly exercise jurisdiction in a custody case and issues an initial custody determination, the court’s jurisdiction will typically…
Under Florida law, while marital property is subject to equitable distribution in a divorce action, separate property is not; instead, it remains the property of the spouse to whom it belongs. Challenges in determining the nature of property can arise, however, when a party mingles separate and marital assets, as…
In Florida, the courts look unkindly at one party deliberately wasting community assets during a divorce or the downfall of a marriage. As such, if they find that one party has dissipated marital assets, it may negatively impact their property rights in the context of a divorce. In a recent…
In Florida, parties have the right to seek alimony in divorce actions. The courts will only award alimony if it is warranted under the circumstances, however. Further, the courts may amend an alimony award if the circumstances that merited alimony change. Recently, a Florida court examined whether a temporary change…
Under Florida law, any community property is subject to equitable division by the courts in a divorce action. Typically, pension benefits and any other retirement benefits accrued during a marriage constitute community property. Additionally, parties are entitled division of cost of living adjustments under Florida law as well. Recently, a…
Generally, the Florida courts rely on statutory guidelines when determining what constitutes appropriate child support. Parties are permitted to develop their own support agreements, though, which the courts will generally ratify as long as they are in the best interest of the child receiving support. Parties that develop their own…
Generally, people file family law actions in the court situated in the county in which they reside. If they subsequently move, though, there may be a question as to whether the court can continue to exercise jurisdiction over their case. Recently, a Florida court explained when courts within the state…
While the Florida courts typically strive to maintain relationships between parents and their children, in some instances, they determine that it is in a child’s best interest to grant permanent guardianship rights to someone other than the child’s parent. While it is within the courts’ discretion to do so, they…
It goes without saying that people do not have to be romantically involved in order to conceive a child, and in some instances, friends will choose to embark on the journey of parenthood together. When people who are not married or a couple use unorthodox means to conceive a child,…
While courts typically conducted family law hearings in person prior to 2020, since the COVID-19 pandemic, many proceedings have been held via video-teleconferencing. Regardless of whether hearings are conducted in person or over the internet, parties impacted by such hearings have certain rights, and if the court violates their rights,…