If you have been paying attention to the news recently, you may have heard about the recent Supreme Court decision holding that same-sex marriages are constitutionally protected. While this might seem to end the question on the legality of same-sex marriages in the United States, issues regarding same-sex marriages can, and do, still arise. Before getting to any lingering issues, …
Will My Children Have to Testify in My Divorce Case?
Going through a divorce can be a stressful and emotional time in a person’s life. This can be even truer for any children involved, as they generally have little to no say in the process. That being said, there are times when questions arise in court and when children might have answers that need to be heard. These can range …
Should I File a Paternity Case?
In Florida, paternity over a child is generally established at birth. Children born to a married couple are presumed to be the children of the two spouses in a marriage. There are times, however, such as when the father and mother of the minor child are unmarried, where the paternity may not be established at birth. In these situations, it …
Residency in Florida Under Six Months UCCJEA Jurisdiction of Minors
TRIAL COURT ERRED IN FINDING HOME STATE OF MINOR CHILDREN TO BE COLORADO WHERE CHILDREN HAD RESIDED IN FLORIDA WITHIN SIX-MONTH PERIOD PRIOR TO FATHER’S FILING OF PETITION, THUS MAKING FLORIDA THEIR HOME STATE UNDER THE UCCJEA. The Mother and Father moved with their two minor children from Colorado to Florida in October 2010. In August 2011, the Mother moved …
Family Law Mediation Conferences
When a divorce is filed with the court, it can become an all-out battle, with each side presenting information in order to outdo the other side. Typically, divorce is seen as a combative process, where one spouse is pitted against another in order to obtain things like spousal support, property, and custody or visitation over minor children. While there are …
August 2015 – Homestead Exemption and Same Sex Marriage
As of January 6, 2015, Florida began recognizing same-sex marriages performed in other jurisdictions and issuing marriage licenses for same-sex marriages to be performed in Florida. This new legal status for married same-sex couples allows for ownership of real property by the married couple as Tenants By The Entireties. THE BENEFITS: TENANTS BY THE ENTIRETY (TBTE): This applies only to …
Avoiding Common Social Media Pitfalls
In the age of information, it is easier than ever to stay in touch with people. With that connectivity, however, come several drawbacks. Words that are said on social media services are rarely private, and in many situations they have been used as evidence in legal cases. While there are a number of social media pitfalls one can encounter while …
Sole Custody in Florida – When is it Appropriate?
Divorce, as most people are aware, is a process that affects more than just the relationship between parents. In marriages with minor children, divorces can affect how much time a child can spend with his or her parent, and in some situations, a parent may lose all rights to visit with and care for the child. While the default for …
Guardianship Law Change to Take Effect
It is never easy to place a relative or loved one into the care of a stranger. While this may allow a loved one to get the care and attention they deserve, there are times when the decision is involuntary, such as when the court appoints a guardian to assist your relative or loved one. In such cases, those that …
The Divorce Process
As most people are aware, divorce can be a messy and complex process. From dividing property to deciding custody matters, divorce affects every aspect of a person’s life. However, even though every divorce has its own quirks and considerations, every divorce must follow the same general process. Filing for Divorce Just as with any other lawsuit, a person must first …