Recent Blog Posts
Are Infidelity or Moral Turpitude Clauses in Prenuptial Agreements Enforceable?
Florida’s no-fault divorce law generally provides for assets and liabilities to be divided 50/50 and for spousal support to be awarded in an amount that does not exceed the recipient’s need. From time to time I come across prenuptial agreements or postnuptial agreements that prohibit infidelity, that prohibit moral turpitude, or that include lifestyle… Read More »
Where Can I Find Florida DCF Records?
DCF child abuse records are confidential and exempt from public records requests, except as provided by statute. Florida Statute §39.202, allows the person having legal custody of the child (or the young adult who was in DCF’s custody) to obtain DCF records. Florida Statute §39.202(7)(a) generally requires DCF to keep records of its cases… Read More »
Ecuador Woman Looks to Florida Court for Help with Divorce
This summer the Third District Court of Appeal heard a case arising from a dissolution of marriage action where both Husband and Wife were citizens of Ecuador. They were married in 1991 on a business trip to Miami. They returned to Ecuador and throughout their marriage lived and worked in Ecuador. In 2013, the… Read More »
Does a Father in Prison Have Rights in Divorce?
An incarcerated husband recently appealed his final divorce judgment on the grounds that the trial court erred in denying his motion for rehearing. He claimed that he was prevented by prison officials from appearing telephonically at the final hearing, and that the trial court abused its discretion by denying his motions to stay the… Read More »
Is Relocation Not in the Best Interests of the Children if Ex-Spouse Promises to Change His Poor Behavior?
A husband and wife were married for 12 years and had two minor children. A major issue in the divorce was the wife’s request to move back to Virginia with their children. The husband opposed the move. The couple had lived in Virginia for 15 years prior to moving to Florida in 2012. They… Read More »
How Does Alimony Work with a Prenuptial Agreement?
A contentious and drawn-out divorce case has been travelling through Florida courts for several years. The most recent issue in this case deals with characterization of payments as alimony or salary in a prenuptial agreement that includes a waiver of alimony. The parties in the case waived their right to alimony in a properly… Read More »
How Do Alimony and Child Support Work When a Spouse is Underemployed or Unemployed?
Florida courts have typically held that voluntary unemployment or underemployment of a spouse or parent will be considered when determining whether to impute (or to assign) income for awarding child support or alimony. If an ex-spouse has the ability to contribute to support, he or she must try to do so. Florida law says… Read More »
Ex-Wife Looks to “Claw Back” Assets Hidden by Ex-Husband
Florida’s Fifth District Court of Appeal recently heard the appeal of an ex-wife (“Susan”) concerning the division of marital property with her ex-husband (“Jared”). As part of her petition for the dissolution of her marriage, she joined additional parties, including her stepson (“Isaac”) and various corporations that her ex-husband formed during the marriage. In… Read More »
Florida Court Reviews Judge’s Order to Split up Siblings Between Parents
Florida law doesn’t favor separating siblings from each other—sending some children to live with the mother and one or more to live with the father—whenever possible the family unit shouldn’t be further fractured by divorce. Typically, courts shouldn’t deprive brother and sisters from growing up together with some common denominator of discipline and the… Read More »
Florida Mother Asks Court to Review Termination of Her Unsupervised Visitation Rights
In a recent Florida case, a mother asks the Second District Court of Appeal to review the order denying her emergency motion to modify the temporary time-sharing order for her children with their father. The trial court’s denial of the Mother’s request for a change in the time-sharing schedule was affirmed without discussion, but… Read More »