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Exclusive Use and Possession of the Marital Home
Where a party has majority time-sharing they may be entitled to exclusive use and possession of the marital home until the youngest child is emancipated. In Lowry v. Lowry, the 5th District Court of...
View ArticlePrenuptial Agreement Enforcement, Need to Present Evidence to Prove Your Claim
If you have a prenuptial agreement and there is going to be a question of enforcement before a court it is important that you have substantial and competent evidence to support your enforcement claim....
View ArticleSuccess in Private Termination of Parental Rights Case
We recently had success in pursuing a private cause of action for termination of parental rights where a child had been, abandoned, abused, and neglected by the Mother. Such private causes of actions,...
View ArticleContempt For Failing To Pay Medical Expenses
Where an order or judgment in a divorce or paternity case requires a party to pay uncovered medical expenses one might think that to be enforceable by contempt. Not necessarily. Enforceability...
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Can a Prenuptial Agreement Be Invalidated?
Yes, a prenuptial agreement and/or a provision of a prenuptial agreement can be invalidated by the court. Courts invalidate prenuptial agreements for reasons like their violation of public policy,...
View ArticleTermination Of Alimony Because Of Supportive Relationship
Pursuant to Florida Statutes Section 61.14(b)(1) a court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of...
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Modification Of Child Support Limited To Date of Filing Petition For...
Child support does not automatically modify when there is a change in circumstances that warrants it, a party must file a supplemental petition for modification of it. When there has been a...
View ArticleAttorney’s Fees and Alimony Awards Must Be Supported By Findings Of Fact...
If you hope to obtain an attorney’s fee award, temporary support, or alimony in a divorce case you need to present evidence to the court of your need and the other parties ability to pay. Evidence...
View ArticleCan A Stalking Injunction Or Domestic Violence Injunction Be Modified?
Modification of Stalking Injunctions and Domestic Violence Injunctions Yes. Stalking injunctions and domestic violence injunctions can be modified or dissolved under Florida law where there has been a...
View ArticleRelief from Injunction Against Stalking Pursuant to Florida Rule of Civil...
Stalking Injunction Respondent, John Richards asked for relief from an injunction against stalking pursuant to Florida Rule of Civil Procedure 1.540. Florida Rule of Civil Procedure 1.540 provides the...
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Can I Get My Lawyer’s Fees Paid By The Other Side In A Divorce Or Paternity...
The answer in one word is, sometimes. Pursuant to Florida Statute Section 61.16: “The court may from time to time, after considering the financial resources of both parties, order a party to pay a...
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Should a Brokerage Account Funded with Inherited Money be Considered Marital?
In a Divorce case the court determines what assets and liabilities are marital and which are not and equitably divides the marital assets and liabilities. The Third District Court of Appeals entered an...
View ArticleNon Modifiable Durational Alimony In Divorce Agreement Does Not Terminate On...
In Dills v. Perez, the Florida 5th District Court of Appeals found the trial court had committed reversible error where it terminated the Former Husband’s alimony obligation on remarriage of the...
View ArticleContempt For Failing To Pay Medical Expenses
Where an order or judgment in a divorce or paternity case requires a party to pay uncovered medical expenses one might think that to be enforceable by contempt. Not necessarily. Enforceability...
View ArticleClik here to view.
Can a Prenuptial Agreement Be Invalidated?
Yes, a prenuptial agreement and/or a provision of a prenuptial agreement can be invalidated by the court. Courts invalidate prenuptial agreements for reasons like their violation of public policy,...
View ArticleTermination Of Alimony Because Of Supportive Relationship
Pursuant to Florida Statutes Section 61.14(b)(1) a court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of...
View ArticleClik here to view.
Modification Of Child Support Limited To Date of Filing Petition For...
Child support does not automatically modify when there is a change in circumstances that warrants it, a party must file a supplemental petition for modification of it. When there has been a...
View ArticleAttorney’s Fees and Alimony Awards Must Be Supported By Findings Of Fact...
If you hope to obtain an attorney’s fee award, temporary support, or alimony in a divorce case you need to present evidence to the court of your need and the other parties ability to pay. Evidence...
View ArticleCan A Stalking Injunction Or Domestic Violence Injunction Be Modified?
Modification of Stalking Injunctions and Domestic Violence Injunctions Yes. Stalking injunctions and domestic violence injunctions can be modified or dissolved under Florida law where there has been a...
View ArticleRelief from Injunction Against Stalking Pursuant to Florida Rule of Civil...
Stalking Injunction Respondent, John Richards asked for relief from an injunction against stalking pursuant to Florida Rule of Civil Procedure 1.540. Florida Rule of Civil Procedure 1.540 provides the...
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