There are several different ways that a father in the state of Florida can establish his paternity – that is, to be legally recognized as the father of his child. In Florida, when a married woman gives birth, her husband will automatically be recognized as the father of the child. If a woman is married to one man when her …
How Do You Value a Business During Divorce?
Financial disclosure is a necessary part of the divorce process in the state of Florida. This can be a great deal more complicated than simply providing pay stubs, tax forms, and bank statements – particularly when you own a business. Calculating the value of your business can be a very confusing process, and you must provide the court with a …
Lifestyle Clauses in Prenuptial Agreements
When Michael Douglas and Catherine Zeta-Jones were married in 2000, it was widely reported that they had signed a prenuptial contract that promised her a $5 million “straying fee” if he cheated on her. At the time, such a clause was seen as highly unusual. But since then, these kind of lifestyle clauses – which regulate the behavior of spouses …
Marriage Equality Update
Decisions in recent cases have resulted in same-sex marriage becoming legal in Florida since January 6, 2015. These decisions have determined that the state’s ban on same-sex marriages is unconstitutional and therefore not valid. Currently Florida is the 36th state in the union to allow same-sex marriages. Marriage Equality History Florida banned same-sex marriage in 1977, and in 1997 the …
Marital Settlement Agreement
The parties had two children. The final judgment of dissolution of marriage, entered on November 29, 2005, incorporated the parties’ Marital Settlement Agreement, which provided, in relevant part, that: “Upon the termination of the Former Husband’s unallocated family support payments, the Former Husband would pay the Former Wife child support in an amount to be calculated in accordance with Florida …
Taking The Leap
In a recent article we talked about the fact that January is a very popular month for people to file for divorce, for a number of reasons. In this article we are going to talk about what to do if you have decided that your marriage has gotten to the point where the only answer is divorce. This is never …
January Divorce Filings
It is very interesting to note that in January, the rate of divorce filings increases dramatically. According to general belief, the rate climbs as much as 33% in January. Rumor has it that January is known as “divorce season.” Actually, the first three months of the year are “divorce season,” as the filings spike in January and seem to peak …
Dis-Establishing Paternity
What is Paternity? Paternity is basically parental right and obligation of a father. You have the right to make decisions on behalf of your child, or minor in your care, if you are the presumed, proven or appointed legal guardian. You also have the obligation to protect, maintain and care for said child or minor. In the case of divorce …
Pre-Nuptial Agreement- Law Update
Will a prenuptial agreement protect me from the increase in value of my home? In the case of Heiny v. Heiny, 113 So.3d 897 (Fla. 2d DCA 2013) the Husband is a pool contractor, and the Wife is an accountant. During the marriage, they worked together in the Husband’s pool construction business. Wife had a home before she married her …
Coping With the Holidays
The holidays are upon us, and for the newly divorced, or those in the process of a divorce, coping with the holidays can be a bit rough emotionally. Even if you were the one who initiated the divorce, the changes in your life can take an emotional toll during the holidays. You may be feeling nostalgic about the way things …