Motion for Sanctions Motion for Sanctions. Occasionally, lawsuits are not handled amicably. A major concern of one (or both) of the litigants may be that the unscrupulous other party may be threatening to file frivolous motions and asserting unsupported claims/defenses for the sake of harassment and/or...
Attorney Fees in Divorce Cases Attorney Fees. A common question with regards to petitions for Dissolution of Marriage (divorce), under Florida Law, is whether or not a spouse can be awarded attorney’s fees. The answer is a qualified yes, and there a few Florida Statutes that...
Under Florida's Dissolution of Marriage (divorce) statute (Florida Statute §61.052 (2014)), a dissolution of marriage will be granted if the marriage is irretrievably broken and/or due to the mental incapacity of one of the parties. Additionally, in the State of Florida, the currently married couple...
Residency Requirements Residency Requirements. A question that is sometimes asked is about the residency requirements for a spouse to file a petition for dissolution of marriage (divorce) under Florida law if they were married under the laws of a different state. Under § 61.13, Fla. Stat. (2010), in order...
Best Interest of the Child In Florida, a Parenting Plan, either Supervised ("Safety Focused") or Unsupervised, is required in all cases involving time-sharing (custody) of minor children. At a minimum, the Parenting Plan must describe (in detail) the responsibility for the daily tasks that are necessary...
What do Family Lawyers do on a Daily Basis? Family Lawyers deal with issues that may legally alter the structure of the family unit. These issues commonly include the Dissolution of Marriage (Divorce), Annulments, Adoption, Child Visitation, Parental Time-Sharing (Custody), Paternity, Post-Divorce Modification or Enforcement, Parental...