Recent Blog Posts
Ninth Circuit Issues New Administrative Orders for Orange County in Response to COVID-19
As of this writing, the Ninth Circuit has issued five administrative orders in response to COVID-19 in less than a week. Administrative Order 2020-06-02 (entered 4/14/2020)(Amended AOSC 2020-06 that was retroactive to 3/16/2020, Amended 2020-06-01 entered 3/20/2020) –Implements AOSC20-15 at a circuit level. Tracks definitions of “essential” and “critical” court proceedings. Directs that essential… Read More »
Florida Supreme Court Issues New Emergency Administrative Orders in Response to COVID-19
As of this writing, the Florida Supreme Court has issued over seven emergency administrative orders in response to COVID-19 in less than two weeks. Among them include: AOSC20-12 (3/11/2020) – Directs chief judges to take steps to mitigate the spread of COVID-19 (e.g. implementing “social distancing” and sanitation procedures). AOSC20-13 (3/13/2020) –Suspends as “non-essential”… Read More »
Seven Ways to Co-Parent Like a Rock Star During COVID-19
Changes in routine and uncertainty with the future can put your co-parenting skills to the test. Here are seven things you can do to parent effectively in challenging times. Parenting Guidelines During COVID-19
Helping Children Deal with Stress During COVID-19
Corona virus precautions have required many changes in daily routines and schedules. Changes like this can stress children. The Florida State University Center for Prevention and Early Intervention Policy put together fantastic guides to help you identify when children are stressed; the cause of stress; how to talk about stress with your children; and… Read More »
Are Infidelity or Moral Turpitude Clauses in Prenuptial Agreements Enforceable?
“Are infidelity clauses enforceable in Florida? It’s an open question.” 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. Prenuptial agreements and postnuptial agreements sometimes prohibit infidelity, prohibit moral turpitude, or include… 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 »