What is A Child's Primary Residence As we've mentioned in a prior post, the mother of the child does not automatically receive custody of the children in a Florida Divorce. Instead, the courts make the determination using the best interest of the child standard. Under Florida Statute...
In a Divorce Who Gets the Children? Does the mother of the children usually receive custody of the children? This is a common question that is asked by parents in Florida Child Custody Cases. The answer is - not necessarily. Under Florida Statute §61.13 (2014), the...
In the context of a Dissolution of Marriage (divorce) proceeding, there is guidance given from the State of Florida as to the difference between a marital non-marital asset. This is important because there must be a determination of whether the property is marital or non-marital...
Garnish Wages Does Your Ex-Spouse Owe You Back Child Support or Alimony? The State of Florida has laws that can help you enforce your rights. Did you know that Florida can actually garnish wages for child support? Under Florida Statute §61.12 (2014), the court may issue a continuing...
Alimony Awards Alimony Awards. In a proceeding for dissolution of marriage (divorce) filed in the state of Florida, the court may grant alimony to either party, the form of alimony award may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of...
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...