If a party declines to reply to a complaint in a divorce matter, the court may issue a default judgment against them, just as it might in other lawsuits. While a default decision may be appropriate in a simple divorce case, it is not acceptable in a case involving child…
Generally, when a parent wishes to define custody rights, they will file a custody lawsuit in the jurisdiction in which they, their child, and their co-parent reside. In some instances, however, co-parents may not agree as to which county or state is considered the child’s place of residence. In such…
Parties who share custody of a child do not always agree with the court’s determination as to their custody rights. While they have the right to seek a modification, they must produce evidence that is sufficient to show that a change is necessary; otherwise, the courts should deny their request.…
When it is not clear who the father of a child is, both the child’s mother and any potential father have the right to file a paternity action. A determination of paternity not only opens the door for the father to seek parental rights like custody of the child, but…
In many divorce actions, the financial means of the parties are disputed, leading to contentious and protracted litigation. The Florida courts generally aim to issue fair and impartial rulings regarding child support and alimony in accordance with the statutory guidelines, however, which requires, in part, that they conduct a thorough…
The Florida courts generally try to maintain the relationship between parents and their children. They will not do so to the detriment of a child, however, and if they find that a parent engages in conduct that harms a child, they may sever the parent’s rights. Recently, a Florida court…
Disputes over money are one of the leading causes of divorce. It is not surprising, then, that in many divorce cases, the parties will engage in contentious disagreements over how assets and property should be divided. In an attempt to mitigate such disputes, the Florida courts engage in a three-step…
While many people think of prenuptial agreements as instruments used for protecting assets in the event of a divorce, they can also help to determine how property will be disbursed if either party dies. As parties cannot opine on the intent of certain provisions from the grave, it is critical…
In Florida, income earned during the course of a marriage, including money placed in a retirement account, is generally considered marital property. When couples divorce, any marital property is typically subject to equitable distribution, but parties can waive their property rights via an agreement. A party that waives the right…
Generally, a man that is the biological father of a child can seek parental rights. Relatively recent advances in reproductive technology can result in situations in which it is necessary to determine whether a man is a child’s father or merely a sperm donor. For example, in a recent Florida…