In Florida family law litigation, the unclean hands doctrine can influence whether a court grants equitable relief during dissolution proceedings. Florida courts operate under the long-standing equitable maxim that a party seeking equity must come to court with clean hands. This doctrine allows courts to...
Few topics generate more confusion in post-judgment family law practice than equitable distribution enforcement Florida courts will permit when a former spouse refuses to pay an equalizing payment, transfer a vehicle, or sign a mortgage securing a marital obligation. Many clients walk into the office...
The issue of moving out of the marital home and its interplay with child custody in Florida is a question frequently raised during the early stages of divorce and separation. In Miami and throughout Florida, parents often worry that leaving the marital residence may harm...
The question of whether a parent may refuse timesharing in Florida based on a child’s wishes arises frequently in Miami family law disputes. Many parents believe that an older child’s resistance to visitation allows unilateral suspension of the parenting plan. Florida law does not support...
The steps of paternity testing in Florida are governed by Chapter 742 of the Florida Statutes and related administrative enforcement provisions, and they directly affect child support, parental responsibility, timesharing, and inheritance rights in Miami family law cases. Understanding the statutory framework under Fla. Stat....
The burden of proof in parenting plan modifications in Florida is intentionally high and reflects the state’s strong policy favoring stability for children. Under section 61.13, Florida Statutes, a parent seeking to modify an existing parenting plan must establish that a substantial and material change...
Married less than 3 years in Florida? Learn which alimony types are available and which are barred. Miami family law attorney explains your options....
Few questions in modern Florida family law generate as much confusion as whether the 50/50 time-sharing presumption Florida courts now apply to new cases also governs the modification of older parenting plans. Parents in Miami-Dade County, Broward County, and throughout South Florida who are operating...
Determining who claims children on taxes after divorce in Florida is a recurring issue in family law litigation and marital settlement negotiations. The allocation of dependency exemptions and related tax benefits can significantly affect the financial stability of divorced parents and the welfare of their...