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.…
In Florida, post-dissolution proceedings involving child support and timesharing modifications must proceed in a manner similar to initial pleadings. This means that modifications culminate in a final order, and nonfinal decisions are not immediately appealable unless authorized explicitly by appellate rules. This was illustrated by a recent Florida decision that…
In Florida, child support and timesharing modifications are governed by the principle that changes must reflect the child’s best interests and be supported by evidence of substantial, material, and unanticipated changes in circumstances. As discussed in a recent Florida decision issued in a child support action, the evidentiary burdens in…
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…
While most parents want what is best for their child, they do not always agree with their co-parent as to what is in their child’s best interests, and custody disputes can quickly become contentious. When the courts are asked to resolve custody actions, they are expected to do so based…
In Florida, parental relocation disputes require courts to evaluate whether a proposed move aligns with the child’s best interests, as outlined in state statutes. The burden of proving a relocation would benefit a child is placed on the party requesting the move. As discussed in a recent Florida ruling issued…
Under Florida law, alimony determinations must be supported by specific factual findings regarding both parties’ financial circumstances. This means, in part, that courts must carefully assess the needs of the receiving spouse and the ability of the paying spouse to meet those needs. The importance of adhering to statutory guidelines…
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, paternity determinations must be grounded in valid evidence and aligned with statutory requirements. Courts must ensure that any findings of fraud or misrepresentation are appropriately addressed and that legal parentage is resolved based on the child’s best interests, as demonstrated in a recent Florida decision addressing claims…