Category Archives: Divorce
HIPAA AND PARTY-OPPONENT MEDICAL RECORDS IN FLORIDA DIVORCE
A party’s medical or therapy records arguably may be relevant to an issue in a divorce or paternity action. The party to whom the records belong often objects to disclosure based on HIPAA or Florida law. However, these laws do not prevent disclosure of a party-opponent’s medical records if disclosure is pursuant to a… 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 »
Appellate Court Says Parenting Plan Lacks Specificity and Orders New Plan
Former husband John Duke appealed the trial court’s final judgment dissolving his marriage to his wife, Heather. The Orlando couple were married for 25 years before she petitioned for dissolution of marriage. At the time, they had one minor child. Following a non-jury trial, the trial judge ordered John to pay permanent periodic alimony,… Read More »
Ex-Husband’s Delays with Financial Discovery Requires Court to Grant Relief to Wife
Property settlement and alimony are critical issues in a divorce. Recently, these issues arose in the dissolution of a 27-year Florida marriage. Specifically, an ex-husband was awarded all the marital assets and didn’t have to pay any alimony after his extended delay in providing his financial records. Richard filed for dissolution of the marriage… Read More »
Can a Judge Significantly Change Child Timesharing When the Only Issue Before the Court was the Exchange Location?
Here is a recent case about a judge who changed an Orlando couple’s timesharing and child support obligations without even being asked. In an appeal from the Circuit Court for Orange County, Zameena (the former wife) appealed an order regarding custody and support where the trial judge on his own awarded her former husband… Read More »
Florida Politician Charlie Crist and Wife to Divorce
Florida Representative and former state governor Charlie Crist and his wife and political adviser, Carole, have announced they are seeking a divorce. This was the second marriage for both. “It just didn’t work out for us,” Crist told the Tampa Bay Times. “I wish all … the best for her.” The divorce petition Crist… Read More »
Proper Venue to Modify or Enforce Foreign Divorce Judgment is the County Where Responding Party Lives
In January 2017, the Fifth District appeals Court reversed the Seminole County court’s decision to grant former Husband’s petition to modify a foreign divorce final judgment because he brought the case in the wrong county. In this case, the spouses were married in Miami but separated while they were living in Germany. The husband… Read More »
How Long Does Divorce Take in Florida?
The time it takes for a divorce to be finalized varies with every individual. If the divorce is uncontested, meaning both spouses agree on everything, it can take as little as 4 weeks. In a contested divorce the court has to decide on what the spouses don’t agree on. These divorces can take 6… Read More »
Claiming a Child When You’re Divorced
Sharing custody of a child often leads divorced parents to wonder which parent gets to claim their child on their taxes. Luckily there are federal laws in place that make determining which parent gets a tax break much easier. How a dependence tax deduction is determined Even when parents have shared custody, it rarely… Read More »
What Affects a Judge’s Child Custody Decision?
Going through a divorce is never easy. It’s a time of arguing and disagreements, and it’s even worse when kids are involved. When you and your spouse can’t come to an agreement on child custody, a judge will step in and make the decision for you. A judge will make his or her decision… Read More »