Recent Blog Posts
Court Ruling Expands Emergency Custody Protection for Emotional Abuse of Children
In Capps (December 2025), the Fourth DCA issued a significant opinion on the type of emergency situations in which judges are permitted to enter temporary ex parte emergency orders, including emergency orders that suspend a parent’s time-sharing. Florida law permits trial courts to temporarily modify (and suspend) child custody and time-sharing without prior notice… Read More »
Property Expense Reimbursement After Divorce
When divorced couples remain co-owners of property, who pays for upkeep—and who gets reimbursed? The recent decision in Lantz v. Gibson (Dec. 3, 2025) sheds light on this often-overlooked issue. This case involved a dispute between husband and wife over the sale proceeds from the marital home that the parties retained after divorce. The… Read More »
Is Nonmarital Property Converted to Marital By Paying Marital Expenses?
When dividing assets in a Florida divorce, one common question is whether a spouse that uses nonmarital funds to pay marital expenses converts the asset from non-marital to marital. The recent case of Rose v. Rose (November 2025) provides important guidance. In Rose, the husband owned a construction company that the court classified as… Read More »
Florida Court Clarifies Marital Interest in Non-Marital Property
In Wilson v. Hurter (September 2025), Florida’s Second DCA addressed how marital contributions affect the valuation and distribution of a spouse’s premarital property during divorce. In Wilson, the wife owned a home before marriage, jointly with her father. During the marriage, marital funds were used for mortgage payments, taxes, and insurance. The trial court… Read More »
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 »
