If you are seeking an injunction for protection from domestic violence, or if you are defending against such an injunction, it is important to understand that these injunctions can have very real and significant impacts and that these cases should be taken very seriously. Regardless of whether you are the…
In any civil court case, including family law cases, paperwork is an important part of achieving a successful outcome. The difference between a successful resolution and an unsuccessful one can be your ability to provide the correct documentation to the court to meet all of the procedural rules and to…
A recent case originating in Tallahassee provides a useful lesson in how a parent must go about presenting a case for a timesharing modification based upon parental alienation. The First District Court of Appeal upheld a trial judge’s refusal to modify a timesharing agreement because the father’s case was insufficient…
A South Florida doctor’s wife succeeded in obtaining a reversal recently of a trial court order that awarded her only durational rather than permanent alimony. Since the couple was married for 18 years, the wife should have received permanent alimony unless the trial judge made a finding that permanent alimony was inappropriate. The…
If you are familiar with daytime talk TV shows, or maybe just pop culture in general, perhaps you’ve witnessed the scene. The baritone-voiced talk show host, with all the appropriate dramatic pauses, tells the man sitting on stage the results of a DNA paternity test. “You are… not the father,”…
A popular song from 2005 took a cynical look at certain aspects of couples and family relationships. In the song, the rapper opines, “She got one of your kids, got you for 18 years.” The lyric, of course, is a reference to child support and the commonly held notion that…
An alleged stalking case from the Tampa Bay area serves as a reminder of the appropriate legal and procedural hurdles that must be cleared before an injunction against stalking can be issued. In this case, the Second District Court of Appeal overturned the entry of an injunction against a man because…
In Florida, the laws regarding divorce have followed a “no-fault” system since 1971. Today, there are only two bases for obtaining a divorce: that the marriage has irretrievably broken down, or that one spouse has been declared mentally incompetent for at least three years. Before that, there were nine bases…
When your spouse or you decides to file for divorce, the issues may seem straightforward, regardless of whether or not they are contested. You may have to resolve matters surrounding child custody and timesharing, child support, alimony, and the distribution of marital assets. Even if these issues do seem straightforward at first,…
A Florida man successfully appealed a trial court ruling that declared the couple’s home to be the wife’s separate property. The Fifth District Court of Appeal overturned the trial court’s ruling, based upon the wording contained in the couple’s prenuptial agreement. That agreement gave each spouse the right to give…