Florida law permits the courts to grant alimony in certain divorce actions. Alimony awards are based, in part, on the party’s income, assets, and needs. As such, if a party’s financial status changes after the court issues an order granting alimony, the party may seek a modification. As discussed in…
Generally, in family law cases, parties are required to pay their own attorneys’ fees. There are exceptions, however, where the court will order one party to pay another’s counsel. Generally, though, such orders are only issued as sanctions for vexatious litigation or when one party has a need and the…
Alimony plays a crucial role in many Florida divorces in that it helps lesser-earning parties maintain financial stability after their marriage ends. Merely because a party requests alimony does not mean that it should be granted, however, and even if a court finds that alimony is appropriate, it must comply…
Generally, people have the right to seek discovery of any evidence relevant to their claims or defenses in divorce actions. Issues can arise, however, when the information sought is private or generally protected from disclosure. In a recent legal ruling issued in favor of the wife, a Florida court addressed…
Florida is an equitable distribution state, which means that, for the most part, any assets acquired during a marriage are considered the property of both parties. Further, such property is subject to division by the courts in the event a couple decides to divorce. The courts do not have to…
Florida law permits parties to submit proposed orders in family law proceedings. The courts rarely adopt such orders as is, however, but instead will exercise their own judgment as to what constitutes an appropriate ruling. If a court does adopt a proposed order verbatim, it must demonstrate that it exercised…
Florida is an equitable distribution state, which means that any property deemed a marital asset will be divided equitably among the parties in a divorce action, while any separate property will remain separate. As such, it is critical that the courts properly characterize all property the parties own to ensure…
In Florida divorce actions, the courts may order one party to pay the other alimony. Generally, the courts will not grant alimony unless the evidence demonstrates both that the party seeking support lacks the financial resources to provide for their basic needs and that the party from whom support is…
In Florida divorce actions, the parties will often engage in discovery to gain a better understanding of their separate and marital assets. Such discovery generally must be completed before the parties enter into a marital settlement agreement. There are exceptions to the general rule, however, such as when one party…
When Florida family courts incorporate marital settlement agreements into final orders of dissolution, they will often retain jurisdiction over any issues that subsequently arise regarding the agreements. In such instances, if a party files an action in a different court, it will most likely be deemed improper. As explained in…