When a spouse moves to another state during divorce in Florida, important jurisdictional questions arise that can affect the entire case. Florida courts must determine whether they retain authority to decide the dissolution of marriage, property division, alimony, and any related child custody issues. In...
Homeschooling and custody in Florida is an increasingly important issue in family law cases, especially when divorced or separated parents disagree about a child’s education. Florida courts do not treat homeschooling as a special custody category or automatic reason to award or deny time-sharing. Instead,...
A temporary relief hearing in Miami family court is a short, expedited proceeding under Chapter 61, Florida Statutes, and Florida Family Law Rule of Procedure 12.610 and 12.285, where the court enters temporary orders on timesharing, child support, alimony, exclusive use of the marital home,...
Under Florida Statute 61.13, a court may modify a parenting plan or time-sharing schedule only if the moving party proves a substantial, material, and unanticipated change in circumstances since the last order and demonstrates that the requested modification is in the child’s best interests. This...
Failure to Schedule Hearing in Florida Family Court is a serious procedural issue that can delay divorce, child custody, alimony, and enforcement proceedings. When the other side refuses to cooperate with hearing coordination in Miami-Dade County family court, the delay can create financial harm and...
Custody rights of unmarried fathers under Florida law is a frequent topic in Miami family courts because many children in Florida are born to unmarried parents. When parents are not married, Florida law treats the legal rights of the father differently than those of a...
Whether evidence is "Admissible evidence" in family law matters is governed primarily by the Florida Evidence Code and related case law that defines what a judge may consider when deciding issues such as child custody, alimony, equitable distribution, and child support. Understanding admissible evidence Florida...
How far behind on child support before jail in Miami? It's a common question that we receive. In Florida, there is no specific dollar amount or number of missed payments that automatically results in incarceration. A Miami family court may order jail only after finding...
What Constitutes Sufficient Financial Disclosure for a Florida Prenuptial Agreement? Financial disclosure for a Florida prenuptial agreement is legally sufficient under section 61.079, Florida Statutes, when the agreement is not unconscionable and the challenging party either received fair and reasonable disclosure, expressly waived disclosure in writing,...