The Florida courts generally try to maintain the relationship between parents and their children. They will not do so to the detriment of a child, however, and if they find that a parent engages in conduct that harms a child, they may sever the parent’s rights. Recently, a Florida court…
Fort Lauderdale Divorce Lawyer Blog
Florida Court Discusses Equitable Distribution in Divorce Cases
Disputes over money are one of the leading causes of divorce. It is not surprising, then, that in many divorce cases, the parties will engage in contentious disagreements over how assets and property should be divided. In an attempt to mitigate such disputes, the Florida courts engage in a three-step…
Florida Court Discusses the Interpretation of Prenuptial Agreements
While many people think of prenuptial agreements as instruments used for protecting assets in the event of a divorce, they can also help to determine how property will be disbursed if either party dies. As parties cannot opine on the intent of certain provisions from the grave, it is critical…
Court Discusses the Right to Retirement Benefits in Florida Divorces
In Florida, income earned during the course of a marriage, including money placed in a retirement account, is generally considered marital property. When couples divorce, any marital property is typically subject to equitable distribution, but parties can waive their property rights via an agreement. A party that waives the right…
Florida Court Discusses Due Process Rights in Paternity Cases Involving Babies Born Via IVF
Generally, a man that is the biological father of a child can seek parental rights. Relatively recent advances in reproductive technology can result in situations in which it is necessary to determine whether a man is a child’s father or merely a sperm donor. For example, in a recent Florida…
Florida Court Discusses Grounds for Lifting an Order Imposing Supervised Time-Sharing
Generally, in Florida custody cases, the courts aim to preserve the relationships between parents and their children and will grant both parents timesharing rights. The courts must always rule in the best interest of the children involved in a custody case, though, which in some cases will require the court…
Florida Court Discusses Factors Considered in Determining Whether Alimony is Appropriate
In some marriages, one spouse relies on the other for financial support. As such, if a couple with disparate income decides to divorce, the lesser earning spouse may seek alimony. The courts must assess multiple factors in determining whether alimony is appropriate, and if they fail to conduct a thorough…
Florida Court Discusses Termination of Parental Rights
Florida courts generally find that it is in a child’s best interest to maintain connections with both parents and are reluctant to sever the parent-child relationship. While the courts will usually determine if there are other, less restrictive, means of protecting a child prior to terminating parental rights, such an…
Florida Court Discusses Grounds for Changing a Parenting Plan
Generally, when a couple with children divorces, the courts will find it is in the best interest of the children for both parents to have custody rights. Typically, the courts will issue an order setting forth a parenting plan establishing when each party has physical custody of the children. The…
Florida Court Discusses Permanent Alimony
In many marriages, one spouse is the primary breadwinner while the other largely takes care of the household. When such marriages end, then, the courts may find it appropriate to award the spouse with lesser means alimony. The courts will evaluate numerous factors in determining appropriate alimony, including the length…