In the age of information, it is easier than ever to stay in touch with people. With that connectivity, however, come several drawbacks. Words that are said on social media services are rarely private, and in many situations they have been used as evidence in legal cases. While there are a number of social media pitfalls one can encounter while …
Sole Custody in Florida – When is it Appropriate?
Divorce, as most people are aware, is a process that affects more than just the relationship between parents. In marriages with minor children, divorces can affect how much time a child can spend with his or her parent, and in some situations, a parent may lose all rights to visit with and care for the child. While the default for …
The Intersection of Domestic Violence and Marriage
Marriage is intended as a lifelong commitment of love, support, and union between two people. There are times, however, when one party takes advantage of the other with physical abuse. While no marriage should come with the risk of domestic violence, most people, the courts included, acknowledge that it does happen. The courts acknowledge that domestic violence is not an …
The Marital Home Before Divorce
Most people are familiar with the concept of property division in divorce. Once the judge has made a ruling, both parties will generally get a division of the marital property, which includes the marital home. In most cases, one party gains the marital home through the divorce, while the other must find a new place to live. However, divorce can …
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 …
Relocation After A Divorce
Relocation After A Divorce Your divorce has long been over. Life is moving along, the parenting plan is working fairly well and the children have pretty well adjusted to their new circumstances. You have primary physical custody of the children, and your ex has generous time-sharing. Now your company has offered you a promotion in another state, and you are …
Domestic Violence in Florida – Part 1
We are seeing a great deal of coverage in the news about professional athletes accused of varying types of domestic violence. Domestic violence is a crime, but all too often the criminal aspect of this is pushed aside because of other considerations, such as economic factors. Domestic violence can spill over from the spouse as victim to the children as …
Contested Divorce
In other posted articles we have discussed three of the four types of dissolution which are available in Florida. The four types of dissolution are: – a Simplified Dissolution of Marriage – an Uncontested Dissolution – a Default Dissolution – a Contested Dissolution We have talked about all but the Contested Dissolution; now we address this type of divorce. Initiating …
Best Interest of the Child – Part 2
In the first article in this series we talked about how courts determine custody (in Florida, time-sharing) using the “best interest of the child” standard. Most states use this standard, but some states keep the definition of the phrase very vague, leaving interpretation to the judges. Florida sets out very specific criteria for determining the best interest of the child, which …
How Is Child Custody Determined?
In Florida, when parents are getting a divorce, one of the major issues is who will have primary custody of the children. Actually, it is not even called “primary custody” in Florida; the term used now is “time sharing.” It used to be that mothers were considered the best parent to have primary custody. That line of thinking has gone …