Category Archives: General
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 »
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 »
Court Cannot Delegate Time Sharing Decision to Third Parties
It is common for trial courts to want input from mental health professionals when establishing a parenting plan that is in the best interest of a child in a divorce or paternity action. It is error for the court to wholesale delegate its responsibility to establish a parenting plan to third parties, such as… Read More »
How can you stop false reports of child abuse to DCF?
The Department of Children & Families (DCF) is required to receive and investigate allegations of child abuse as part of its mandate to protect children from abuse and neglect. DCF relies on the public to report suspected child abuse. In Florida, everyone is legally required to report suspected child abuse. It is a crime… Read More »
Reduction of Agreed Child Support vs Alimony
Court Rejects “Heavier” Burden of Proof for Downward Modification of Agreed Child Support In Mannella, the Sixth District Court of Appeals recently departed from Florida’s five other appellate courts by declining to hold child support obligors to a heavier burden of proof when seeking downward modification of agreed-upon child support. [1] Downward modification of… Read More »
Burden of Proof in a Florida Divorce
The General Rule: Preponderance The burden of proof in a Florida family law case, including divorce, is preponderance of the evidence. Straughter (1956) (preponderance standard applied to divorce); Perry (1957) (same); Lauray (1966) (same); Rosborough (1968) (preponderance standard applied to residency requirement for divorce); and Heim (1998) (sustaining the trial court’s application of the… Read More »
Fathers: Establish Paternity Quickly
Establishing paternity is a critical step for fathers to take as soon as possible after the birth of their child. Paternity is the legal acknowledgment of a man as the biological father of a child, and this recognition carries significant emotional, legal, and financial implications. Promptly addressing paternity benefits not only the father but… Read More »
