Florida Family Law
It seems the story on the validity of same sex marriage changes every day. With some states banning same sex unions, then higher courts overturning those bans, it was only a matter of time before there was word on the issue from the U.S. Supreme Court. And, the word is in.
On October 6, 2014 the Supreme Court refused to hear an appeal of a lower court’s decision holding some state bans on same sex marriage constitutional. What this means is:
- The states that were seeking to uphold their bans on same sex marriage will not be allowed to present their case to the Supreme Court.
- This ruling gives validity to requests for marriages in the states that had previously denied applications for marriage to same sex couples.
Almost immediately couples in the… Continue reading
One of the hallmarks of the judicial system is notice. Just as our forefathers cried “no taxation without representation” and thus started the Boston Tea Party, it is improper to proceed in a legal proceeding without giving notice to the other party. The issue of service of process is an important one, and the Court will take care to be sure you have properly served your opponent before granting any of your requests.
Service of process and the rules for process servers are governed by Florida statute. The law requires:
● The process server must be an impartial third party, with no interest in the case.
● The process server must be at least 18 years old.
● The server must be a permanent resident of the State of Florida.
● Background checks must be conducted and satisfactorily passed prior to being… Continue reading
If you are considering a divorce, or have just learned your spouse is seeking to dissolve your marriage, it is important to know some basic facts. Unfortunately there are too many family law myths out there, and many parties enter their case with blinders on. Knowing what to expect and how a skilled family law attorney can help you will put you at east and make the process less stressful.
Divorce in Florida is governed by the Dissolution of Marriage statutes. Some common Florida family law issues include:
● Residency requirement: one of the parties to the marriage must live in the State of Florida for at least six months prior to the case being filed.
● No fault: Florida does not require a showing of “fault” in order to seek a divorce.
● Agreements: an uncontested case is one… Continue reading
A same sex couple, married in Vermont, has been seeking to dissolve their union in their new home state of Florida. A Broward County Judge initially ruled the State’s ban on same sex marriage unconstitutional in Heather Brassner’s request for a divorce from Megan Lade. Now, it seems the Judge has had a change of heart.
In early September the very Judge that held the same sex marriage ban unconstitutional vacated the order that made that finding. The Judge explained his decision as follows:
- Brassner failed to comply with state law notice requirements.
- The Judge stated Brassner was required to give notice of the request for dissolution to the State Attorney General by certified mail.
- A hearing to finalize the divorce has been cancelled.
The declaration that the ban is unconstitutional was the 3rd such finding in an 18 day period in… Continue reading
For many, Halloween is a favorite holiday. Taking the kids to the pumpkin patches and hitting the streets with dressed up little beasts and princesses provides memories that last a lifetime. For others, often those who forget to include it in their time sharing agreement, Halloween is a missed opportunity to spend some fun time with the kids. Consider these three tips to ensure you don’t miss out!
1. When Drafting a Time Sharing Agreement in a Divorce or Paternity situation, be as specific as possible.
Often, parents draft Time Sharing Agreements when their children are very young. Many do so without speaking with an attorney first, in an effort to keep things cheap and simple. Keep in mind that these Agreements are intended to be binding… Continue reading
For years the thought was that when a couple called it quits, the mother always got the home and the kids. Dads were relegated to an every other weekend and alternating holiday visitation schedule. This type of arrangement meant less involvement in the lives of children by their fathers and a broken bond between father and child. So just what is the role of a dad post-divorce, and how does it impact the children?
An organization dedicated to the welfare and health of children runs down some possibilities on why the involvement of a father in his kids’ life after divorce is a problem, and most are linked to child support. For example:
● A father unable to meet his child support obligation may feel as though he hasn’t “earned” time with his kids. Nothing could be further from the truth.… Continue reading
Alimony is payment made to one spouse by the other, designed to put both parties on sound financial footing after divorce. The most typical scenario is that alimony is paid by a higher earning spouse to a lower earning, or nonworking spouse, in order to allow both husband and wife to maintain the lifestyle to which they became accustomed during the marriage. The goal of alimony is to allow the needy party to stand on their own financially when the marriage is finally dissolved. But, most parties ordered to pay alimony have a different feeling and often times fight the request. In a successful case the result is a lower payment amount, or a denial of the request for alimony. But is fighting the request worth the cost?
When you get a divorce and only see your children part of the time, it is only natural to wonder how your kids are doing when they are with the other parent. In cases where the parties can work together and co-parent, the result is a happier and healthier child who respects authority and parental decisions. This is true even in the case of celebrity divorce, where questions of parenting are often in the spotlight.
In the case of Tiger Woods, most people know the story of how and why his divorce was initiated. It isn’t easy to forget the breaking news that the golfer had wrecked his SUV, and it was later revealed his now ex-wife had come after him with a golf club. So just what does Tiger’s ex have to say about his parenting. You might be surprised to… Continue reading
When parties divorce it is critical to maintain an environment as normal as possible for the children. This includes continued contact and visitation with both parents, a consistent schedule, fighting the urge to put the kids in the middle, and allowing your children to develop or maintain healthy relationships with your ex spouse’s extended family. Unfortunately not all family law cases involve two parties willing to allow their children to continue seeing aunts, uncles, and grandparents on the “other side”. If that is the case, there is a remedy.
Florida statues allow for grandparent visitation when the marriage of the parents has been dissolved. The standard applied by the Courts when granting visitation to a grandparent is what is in the best interests of the child. This includes an examination of the relationship prior to divorce, and in older children the Court may consider… Continue reading
Child custody and visitation are typically the most important issues to resolve in a divorce with kids. Finances are a close second, and are usually intermingled with issues regarding your children. This is because making sure your kids are taken care of and maintain a healthy relationship with both parents is a key goal of any family law matter. It is always best if the parents are able to enter a successful post marriage arrangement for visitation and custody, but this is not always the case. All too often the parties allow their emotions to run over and impact the kids, which may include preventing visitation in an attempt to “get back at” the ex. In the end, this type of behavior is more harmful to the children and does not allow families to move forward by taking positive steps post-divorce.
When… Continue reading