Category Archives: Family Law
What Happens to Mortgages After Divorce?
June 17, 2015 In a divorce, one of the important decisions to make is how to divide the couple’s property. Florida uses the principle of equitable distribution, which means that the property will be divided fairly, though not necessarily equally. Some assets, such as a house, cannot be divided in half, so instead the… Read More »
The Putative Father Registry
June 11, 2015 In Florida, a man is presumed to be the father of a child if he is married to the mother at the time of the child’s birth. But for unmarried fathers, getting parental rights is not so simple. They must assert their parental rights. Florida’s Putative Father Registry lets an unmarried… Read More »
Discovery in Florida Divorces
June 29, 2015 The discovery process is an essential step in any litigation, including divorce, child custody, and other family law cases. During discovery, the parties obtain documents and information from each other in order to facilitate a fair and speedy trial or negotiation. In Florida, mandatory disclosure, in which several specified types of… Read More »
Default Divorce in Florida
June 8, 2015 Divorce is a stressful time, and can be made even more stressful if your spouse does not cooperate in the divorce process. Fortunately, if your spouse will not respond to your petition for divorce, or if you cannot find your spouse, the court will not make you stay married to him… Read More »
Spousal Separation in Florida
June 5, 2015 Florida law does not provide for legal separation, and Florida does not recognize the status of “legally separated.” Instead, a couple that wants to physically separate without formally divorcing has to use several different Florida laws to settle their affairs. There are many reasons that a couple may not want to… Read More »
Stepparent Adoption in Florida
June 3, 2015 It is common for a parent to remarry after a divorce. One important issue in remarriages involving stepchildren is the legal relationship between the child and the stepparent. In Florida, a stepparent has no parental rights over a child and has no responsibilities toward the child. Only biological or adoptive parents… Read More »
Interference With Child Custody
May 29, 2015 Heather Hironimus, the mother whose refusal to circumcise her son has made national news, now faces criminal charges for interference with custody. She fought a legal battle for years, trying to prevent her four-year-old son from being circumcised, though she had agreed to circumcision in the parenting plan. Hironimus was recently… Read More »
Modifying Parenting Plans in Florida
May 25, 2015 A parenting plan is an essential tool for co-parenting. The creation of a parenting plan is required in all cases where parents have time-sharing with minor children. The plan outlines each parent’s responsibilities to the child and specifies a time-sharing schedule. Courts approve parenting plans based on the child’s best interests,… Read More »
Name Changes for Children
May 21, 2015 Parents may seek to change their children’s names for a variety of reasons, whether because of a parent’s divorce or marriage, or any other reason. Though name changes sometimes result from a parent’s changing relationship with a child, a name change does not have any effect on a parent’s legal obligations… Read More »
Property Division in Military Divorce
May 19, 2015 Property settlements in Florida, both for military and non-military divorces, are based on equitable distribution. This does not necessarily mean equal distribution, but rather that a judge will consider a list of factors to determine how to fairly divide the property. However, in military divorces, there are some special considerations and… Read More »
