Fort Lauderdale Divorce Lawyer Blog

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Florida Court Explains High Standard Applies to Set Aside Parenting Settlement Agreements

Parenting plans and timesharing arrangements can be modified when circumstances change, but challenging a signed settlement agreement requires clear evidence of unfairness or improper conduct. In a recent Florida case, the court affirmed the trial court’s denial of a request to set aside a parenting-related settlement agreement, emphasizing the high…

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Missteps in Calculating Retroactive Child Support Lead to Remand in Florida Case

In Florida, courts are required to calculate child support in a manner that is fair and consistent with statutory guidelines. This includes accurately determining a parent’s income during any applicable retroactive period and ensuring that the final judgment reflects that calculation. A recent Florida case highlights what can go wrong…

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Florida Court Discusses Grounds for Granting Domestic Violence Injunctions

Domestic violence cases often involve intense legal battles, with courts weighing allegations, evidence, and the need for protection. In a recent Florida decision, the court discussed the legal standards for obtaining such protective orders before upholding a final injunction against domestic violence. If you have questions about domestic violence injunction,…

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Home Valuations at Issue in Florida Divorce Case

Property division in divorce cases is often a battleground, especially when significant assets like the marital home have appreciated in value. The timing of asset valuation can make a substantial difference in how property is distributed, and courts must carefully assess the appropriate date to ensure fairness. For example, in…

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Florida Court Reverses Child Custody Ruling Over Due Process Violations

Interstate child custody disputes can be among the most challenging legal battles, requiring courts to navigate complex jurisdictional laws while ensuring fairness to both parents. For example, if a parent does not have notice of key communications in a case, any ruling related to said communications may be unjust, as…

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Florida Court Upholds Paternity and Custody Rights in Recent Decision

Child custody and paternity disputes often lead to intense legal battles, especially when parents were never married. When a father acknowledges paternity of a child, they should have equal parental rights as the child’s mother, as explained in a recent Florida case that demonstrates the evolving landscape of parental rights…

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Florida Court Affirms Denial of Hague Convention Petition for Return of Child to Peru

Parents involved in international custody disputes will often seek the return of their child via a Hague petition. While such petitions can be useful tools, they are not foolproof, as exceptions can apply that prevent the return of a child, as demonstrated in a recent Florida decision in which the…

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Florida Court Partially Reverses Equitable Distribution in Divorce Case

In Florida, the division of property in divorce cases must be supported by legally sufficient findings that justify any deviations from an equal division of marital liabilities and assets. This was emphasized in a recent Florida decision in which the court held that a trial court erred in assigning a…

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Florida Court Affirms Trial Court’s Dismissal of Dissolution Case

In Florida, the rules of procedure grant parties the broad discretion to withdraw their cases, including dissolution proceedings. A recent Florida decision reaffirmed this principle, holding that a spouse who voluntarily dismisses a petition for dissolution of marriage retains the right to do so, provided there are no pending counterclaims.…

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Florida Court Discusses Appealability of Child Custody Orders

In Florida, post-dissolution proceedings involving child support and timesharing modifications must proceed in a manner similar to initial pleadings. This means that modifications culminate in a final order, and nonfinal decisions are not immediately appealable unless authorized explicitly by appellate rules. This was illustrated by a recent Florida decision that…

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