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…
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…
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…
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…
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 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…
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…
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…
Parents typically want the best for their children and aim to raise them in a loving and stable environment, but not all parents possess the ability to properly care for their children. As such, in some instances, the courts will make the difficult decision to terminate parental rights. In some…
When a couple with disparate economic resources divorces, the court will often grant the lesser earning spouse alimony. The courts make alimony determinations, in part, by assessing each party’s income. Unfortunately, some people try to avoid support obligations by underreporting their income. Courts are not bound by financial disclosures they…