Alimony is an issue which is often litigated. There is no objective way to assess it, but it comes up in many cases. Support is based on need and ability to pay. This is as vague as it sounds. However, it is the primary way to determine alimony. Florida law provides several different types of … Read more
Contempt of court is a common method to enforce judgments. There are two types – criminal and civil. The most common form is Civil Contempt. Unlike criminal contempt, civil is used to compel someone to follow an order. The best known type involves collecting money in child support cases. A custodial parent can file … Read more
The Florida Supreme Court has recently revised the Florida Family Law Rules. These rules outline how a case proceeds, from start to finish. This includes what is required when you file a case, and how to proceed. The Family Law Rules tell all parties what financial information is needed, and when it is due. For … Read more
The Florida court system uses Magistrates every day. However, many people do not understand their role. Magistrates are appointed by circuit judges to handle a variety of cases. They work directly under the circuit judges, running their courtroom just like a judge. In family law cases, magistrates hear divorces, modification cases, and paternity cases. … Read more
Before you ever reach a trial, try using mediation. Mediation is one of the best tools around. It is also called Alternative Dispute Resolution. And it provides a way for people to resolve problems without risking it all in court. It is a great forum for outlining differences, and it provides a safe and secure … Read more
Florida is on the verge of becoming another State which has its own Collaborative Law statute. Collaborative Law is a unique process. It involves having the parties consent to negotiating rather than litigating. A collaborative team works together. And it may include a collaborative attorney, counselors, and accountants. The process can begin at any time. … Read more
The Florida Legislature passed an alimony reform bill this week which is now before the Governor. This bill substantially changes the alimony laws, and provides a presumption that children should spend approximately equal amounts of time with both parents. If signed into law, the bill will be a substantial change. It requires courts to make certain … Read more
The legal process is something all people in a lawsuit should understand. Too often, new clients come to us and are confused by the process. So here’s a quick tutorial. The legal process is always started by filing a Petition, or Complaint. In legal terms, it’s called a pleading. The other party must usually … Read more
Several cases we see involve divorces in which one of the parties is a non-resident. That is, the Husband and Wife lived in Florida, but moved away. In many instances, the non-resident is in the military, or works in a field in which they have to work out of state. In other cases, both parties lived here … Read more
** UPDATE ** See “Alimony Reform Bill Passed in Florida, Now Before The Governor“ It’s only a matter of time before Florida’s alimony statute is finally revised. The last effort came in 2013, but was vetoed by Governor Rick Scott because it would have allowed anyone paying alimony to modify their support obligation retroactively. This … Read more