Recent Blog Posts
How to Get a Dependency Case to Move Faster
Parents have a deadline to complete services in a dependency case. F.S. 39.6011 gives parents not more than a year from the date of removal to complete case plan services. If a parent does not timely complete their case plan, then DCF can escalate the case to termination of parental rights and seek to… Read More »
What Is a Legal Separation Versus a Divorce?
If you’re thinking about taking a break from your marriage, you might be wondering: should we get a legal separation or go straight to divorce? While both options involve living apart, they come with key differences that can impact your finances, family, and future. In most states, a legal separation allows couples to live… Read More »
How Is Marital Property Divided in a Florida Divorce? Is It Always 50/50?
Dividing property during a divorce can be one of the most emotional and confusing parts of the process. In Florida, the law provides for “equitable distribution,” meaning marital assets and debts are divided fairly, but not always equally. While a 50/50 split is common, the court can award more to one spouse depending on… Read More »
How Long Does a Divorce Usually Take in Florida? Here’s What to Expect.
If you’re considering a divorce in Florida, one of the first questions you’re likely to ask is: How long will this take? In Florida, the answer depends on a variety of factors, including whether the divorce is contested or uncontested, how cooperative both parties are, and the court’s current schedule. For couples who agree… Read More »
Determination of “Need” When Assessing Alimony and Attorney Fees
An often-recited trope among family law attorneys is that entitlement to attorney’s fees is based on the same “need and ability” analysis as alimony. The “need and ability” analysis requires the requesting party to prove their financial need, and if successful, then the other party’s ability to pay. It would seem that if a… Read More »
Correcting Clerical Error vs Substantive Error
In Tucker v. Lancaster (Fla. 5th DCA 2025), the court addressed a dispute over a post-divorce retirement benefits order and clarified the difference between clerical and substantive mistakes in court judgments. The case originated from a divorce finalized in 2021, which incorporated a marital settlement agreement. According to the agreement, the former spouses were… Read More »
The Alimony Two Step
The recent case Shouman v. Salama (Fla. 6th DCA 2025) is very helpful to family law attorneys by illustrating the two-step process for determination of alimony and spousal support in Florida divorce cases. In Shouman, the former wife appealed the trial court’s final judgment that denied her request for alimony. The Sixth DCA found… Read More »
Sentimental Value in Divorce
It’s priceless, money can’t replace it. We hear it all the time. It gets traction, because it’s not without merit. Sentimental items may include family pictures and VHS tapes, rare items and collections, and inherited mementos passed down through the family. In Michener (January 22, 2025), the divorce court was faced with assessing a… Read More »
Court Cannot Delegate Time Sharing Decision to Third Parties
It is common for trial courts to want input from mental health professionals when establishing a parenting plan that is in the best interest of a child in a divorce or paternity action. It is error for the court to wholesale delegate its responsibility to establish a parenting plan to third parties, such as… Read More »
Retroactive Child Support Must be Specifically Pleaded
Until now, there was an open question as to whether retroactive child support needs to be explicitly requested in the pleadings. The argument against the necessity for doing so is that Florida’s child support statute states that when child support is an issue, the court may order support to begin as early as 24… Read More »
