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 …
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 …
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 …
The Effect of the SCRA on Child Custody
When a servicemember who has primary custody of a child deploys they must have a family care plan that lays out who will take care of the child(ren) during their absence. A dispute over custody can arise when a third party, usually a grandparent or another close relative of the servicemember, is given physical custody of the child(ren). Unless the …
Financial Disclosure in a Florida Divorce
If there are issues of child support, division of marital assets and possibly alimony, one of the necessary parts of a divorce proceeding in Florida is the mandatory financial disclosure of the parties. Sometimes the extent of the disclosure comes as a bit of a shock, because it requires an in-depth analysis of the financial condition of both parties. Further, …
Interstate Child Support – Part 2
Interstate Child Support – Part 2: Modication of Interstate Child Support In Part I of Interstate Child Support we discussed enforcing child support orders when one, or both, parents no longer reside in Florida. But what if you want to modify your child support order? Whether you are seeking to lower your child support payments or seeking to increase the …
The Deposition Process
You have just gotten a call from your divorce attorney saying the other side’s attorney has scheduled a deposition for you. It has made you somewhat nervous, especially when your attorney says you must meet prior to the deposition to “prep” you for it. The key here – keep calm and carry on. Before you think “deposition” really means “inquisition” …
Part I: Enforcement of Interstate Child Support
An Existing Court Order The starting point for enforcement of child support payments against a parent who no longer lives in Florida begins with a child support order. An order must exist before there can be any enforcement. If you are owed child support pursuant to a divorce decree or had the courts involved in assuring the other parent would …