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Articles Posted in Divorce

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Florida Court Explains Grounds for Vacating Family Court Orders

In Florida divorce proceedings, courts are tasked with making equitable decisions on financial issues, including child support, life insurance to secure that support, and the division of marital liabilities. However, these determinations must be grounded in both statutory requirements and factual findings. A recent Florida decision highlights the importance of…

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Florida Court Discusses Fines in Family Court Cases

In Florida family law cases, courts possess broad authority to ensure compliance with discovery and support obligations. However, this authority is bounded by due process and the requirement that coercive sanctions, such as daily fines, be imposed only after careful judicial consideration of the contemnor’s ability to pay. A recent…

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Florida Court Explains Factors Weighed in Alimony Cases

In Florida, alimony determinations require careful application of a statutory two-step analysis designed to protect both parties’ financial rights while maintaining consistency with equitable principles. The process begins with a clear determination of each party’s actual financial need and the other party’s ability to pay. A recent decision from a…

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Florida Court Upholds Decisions on Parental Authority and Equitable Distribution

In Florida family law, trial courts are granted broad discretion in making decisions related to parenting responsibilities, the division of marital assets, and the allocation of attorney’s fees. Appellate courts will not disturb such decisions unless they are unsupported by evidence or involve legal error. A recent ruling by a…

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Florida Court Discusses Failure to Preserve Appeal in Divorce Action

In Florida divorce proceedings, parties must follow procedural rules to ensure their right to appellate review. Without an adequate record, appellate courts are constrained in their ability to review the lower court’s findings. A recent Florida divorce case illustrates how the absence of a trial transcript and the failure to…

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Florida Court Explains Factors Considered in Equitable Distribution

In Florida, the equitable distribution of marital property must reflect fairness and be grounded in the evidence presented at trial. While courts may deviate from a 50/50 split when justified, the rationale must be based on statutory factors and competent proof. A recent Florida ruling highlights how both the allocation…

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Florida Court Discusses Evidence Supporting Equitable Distribution

In Florida divorce proceedings, courts are charged with distributing marital assets equitably and ensuring that each party receives fair treatment under the law. However, unequal distribution of assets, particularly when it is based on the destruction of nonmarital property, requires a clear factual basis. A recent Florida ruling demonstrates that…

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Florida Court Strikes Down Permanent Alimony Award in Light of Statutory Changes

The legal landscape surrounding spousal support in Florida has undergone a significant transformation following the legislature’s 2023 decision to eliminate permanent alimony. A recent Florida divorce case demonstrates how courts must now reconsider alimony determinations when final judgments are pending on appeal after July 1, 2023. For anyone involved in…

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Florida Court Upholds Jurisdiction of Private Judge in Post-Divorce Fee Dispute

Florida law allows parties to agree that a private judge may resolve their disputes in lieu of a traditional courtroom setting. When properly authorized, private judges have the same authority as trial judges to make binding rulings. A recent Florida case reinforces the legal enforceability of such agreements and the…

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