Introduction In Florida, a divorce proceeding typically focuses on equitable distribution of assets, alimony, child custody, and support. However, when one spouse commits a wrongful act—such as battery, intentional infliction of emotional distress, or economic fraud—the injured spouse may also have the right to file a civil tort claim within the same dissolution of marriage case. Bringing an interspousal tort claim as…
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Introduction Legal representation is crucial in Florida family law cases, but the cost of hiring an attorney can be significant. Recognizing that financial disparities often exist between spouses or parents, Florida law allows courts to award attorney’s fees to one party in certain situations. These awards are designed to ensure that both parties have equal access to legal…
Continue reading ›Introduction Divorce and family law cases often take months or even years to reach a final resolution. During this time, one spouse or parent may need temporary financial support, child custody arrangements, or exclusive use of the marital homewhile the case is pending. Florida law allows parties to request temporary relief through a temporary needs hearing, ensuring that immediate…
Continue reading ›Introduction Divorce can be a complex and emotionally taxing process, but Florida law provides an easier and faster option for certain couples through a simplified dissolution of marriage. This streamlined procedure allows spouses to end their marriage without extensive litigation, provided they meet specific eligibility requirements. This guide explains the simplified dissolution of marriage process in Florida, including eligibility…
Continue reading ›Introduction In Florida family law cases, both parties are required to disclose their financial information to ensure fair and equitable decisions regarding child support, alimony, and property division. Florida Family Law Rule of Procedure 12.285mandates these mandatory financial disclosures, which provide transparency in divorce, paternity, and other financial-related family law matters. Failing to comply with Rule 12.285 can lead to sanctions, court-imposed…
Continue reading ›Introduction When a parent wants to move with their child after a divorce or custody ruling, they must comply with Florida’s parental relocation laws. Moving a significant distance can impact time-sharing arrangements, parental rights, and the child’s well-being. To prevent one parent from unilaterally relocating a child without the other parent’s consent, Florida law provides clear…
Continue reading ›Introduction The hearsay rule is a fundamental principle in Florida law that restricts the use of secondhand statements as evidence in court. In family law cases, hearsay issues frequently arise in matters involving child custody, domestic violence, and child abuse allegations. While hearsay is generally inadmissible, there are several exceptions that allow certain out-of-court statements to be used in…
Continue reading ›Introduction Child support ensures that both parents contribute to the financial needs of their child after a separation or divorce. In Florida, child support is calculated using a formula based on the Florida Child Support Guidelines, which take into account each parent’s income, time-sharing arrangement, and other relevant factors. Courts use this standardized approach to ensure…
Continue reading ›Introduction Alimony, also known as spousal support, is financial assistance that one spouse may be required to pay to the other after a divorce. In Florida, alimony is awarded based on a variety of factors, including the length of the marriage, the financial needs of one spouse, and the other spouse’s ability to pay. Florida…
Continue reading ›Introduction A parenting plan is a legally binding document that establishes how divorced or separated parents will share custody, time-sharing, and parental responsibilities. While Florida courts encourage cooperation between parents, disputes often arise when one parent fails to comply with the agreed-upon parenting plan. When a parent refuses to follow the plan, the other parent…
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