Recent Blog Posts
Florida Supreme Court COVID-19 Orders
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 »
Co-Parenting Tips 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 Kids Cope with COVID-19 Stress
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 Clauses in Prenups 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 to 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 Seeks Florida Divorce Help
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 »
Father in Prison: Does He Have Rights?
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 »
Relocation Denied If Ex Promises Change?
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 »
Alimony Under a Prenup in Florida
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 »
Alimony from Underemployed or Unemployed Spouses
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 »