A Florida spousal support waiver in a prenuptial agreement is enforceable if it was executed voluntarily, with fair financial disclosure, and without fraud, duress, coercion, or overreaching under section 61.079, Florida Statutes. However, courts will invalidate or limit a Florida spousal support waiver if enforcement...
Premarital Business Appreciation in Florida refers to the increase in value of a business owned before marriage. Under section 61.075, Florida Statutes, appreciation caused by marital labor or marital funds may be classified as marital property unless a valid prenuptial agreement waives those rights. Miami...
Modification of Time-Sharing is one of the most demanding proceedings in Florida family law. It requires requires proof of a substantial and material change in circumstances and a determination that modification is in the best interests of the child under Florida Statutes section 61.13. The...
Protect your business in a Florida divorce by understanding how Florida courts classify business interests, value enterprise goodwill, and apply equitable distribution under Florida law. Business owners facing divorce in Miami must consider whether their company will be treated as marital property, how commingling can...
The process of obtaining a supervised visitation order in Florida courts will enforce is governed by statutory law, appellate case law, and administrative standards designed to protect children while preserving parent child relationships. In family law cases throughout Miami and the broader Miami-Dade County region,...
Introduction to Temporary Relocation Hearings in Miami A temporary relocation hearing in Miami arises when one parent seeks court approval to relocate a child more than 50 miles from their current residence for at least 60 consecutive days, pending a final evidentiary hearing. Temporary relocation hearings...
Unequal distribution in Florida divorce is one of the most misunderstood areas of equitable distribution litigation. Florida law begins with a strong presumption that marital assets and liabilities will be divided equally. However, section 61.075, Florida Statutes, expressly permits a trial court to award an...
Imputed income in Florida alimony cases is one of the most contested and misunderstood issues in dissolution proceedings. When one spouse claims inability to work or reduced earnings, Florida courts may assign a hypothetical income for purposes of calculating alimony. In Miami-Dade County, where high...
Many parents entering a divorce or paternity case ask the same question: do Florida courts favor mothers in child custody cases? The concern is particularly common among fathers who fear that the court system will automatically prefer the mother when determining time-sharing and parental responsibility....