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Family Law

Home > Family Law

Modification or Termination of Alimony

In the state of Florida, certain types of alimony can be modified or changed after a judgment is handed down and there are some instances when alimony can be terminated or stopped altogether. In all cases, there must be proven a material, substantial, and unanticipated (prior to final judgment) change before a case can even be considered. In other words, cause for modification must be serious enough such as a critical illness, winning the lottery, an unavoidable job loss; must have a specific time and or monetary value; must not have known to occur prior to the judge’s decree such...

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Appraisals and How They Are Useful in Valuing Marital Property and Assets

An appraisal is determining the accurate value of something. This is done by using a person who is trained and qualified to appraise and is licensed to carry the title “appraiser”. Probably the most common use of an appraiser is to determine the value of a home or piece of property for someone hoping to buy or sell. Other items such as high-end electronics and furniture, valuable jewelry, antiques, used vehicles, boats, and planes, and old memorabilia are also frequently brought to an appraiser to determine their value for sale or for insurance purposes. Another important use of an appraisal...

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Reunification Therapy

Definition of “reunification” as found in the online Dictionary: “To cause (a group, party, state, or sect) to become unified again after being divided.” Definition of “therapy” by the American Psychological Association” “Therapy is a treatment for psychological problems in which the therapist and clients work together to understand problems and come up with plans for fixing them.” When the two words, “reunification” and “therapy” are put together in the legal sense, an interesting process is becoming more and more useful, especially in Family law involving cases of dissolution of marriage where there are minor children involved. Reunification therapy, known as RT...

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Judges and Magistrates: What’s The Difference?

For many people the terms judge and magistrate are thought to mean the same thing. This is by no means correct. While it is true both terms denote jurisdictional functions, there are a variety of differences between a judge and a magistrate including how they arrive at their title, how long they will hold the title and what functions they are expected to perform once they accept their respective position. There are both state and federal judges and magistrates, all of which handle a variety of cases, depending on their title and, in the case of state appointments or elections,...

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Is Trial The End of The Road? What About Appeals?

To begin this blog a definition of “legal appeal” is necessary. Online Legalzoom states the following: “An appeal is a request made to a higher court to review a decision made by a lower court. It is not a rehearing of the case you presented” No, a trial is not the mandatory end of the road in a Family Law case decision in Florida. However, as judges usually have wide latitude in making decisions, especially in dissolution of marriage, it is not likely an appellate court will reverse the judge’s decision unless there has been judicial error or the misuse of...

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Attorney Client Privilege, What Does It Mean?

To be brief, the attorney client privilege is the protecting, that is keeping confidential, of information, documents, and evidence given by a client to his or her attorney, much the same as when giving such details to a religious minister, a doctor, or a mental health counselor. This information can be given verbally or in writing and cannot be shared by the professional without permission of the client. In other words, the aspect of “privilege” is on behalf of the client, not the attorney. There is, however, an exception to the attorney client privilege when the intention of the information is...

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Hold Them or Fold Them, When is it Time For a Divorce?

“Until death do us part”, recited for many years by most couples that are seeking wedded bliss. And, at the time of the ceremony each party (there are sometimes exceptions) sincerely believes he or she will be able to honor this statement, as surely their love will stand the test of time. Unfortunately, if you live in the United States your chance of “happily ever after” has barely a 50% chance of making it even l0 years. And, in the case of a second or more marriage the percentage rate of failure is even higher. In the world of Family...

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Moral Fitness As a Parent As Defined in 61.13

Florida Family Law is Concerned With the Moral Fitness of a Minor Child’s Parents One could ask what business does the law have in determining what goes on in the private lives of a minor child’s parents. Florida Family Law says there are many areas of a parent’s private life that will directly affect the care and nurturing of children and thus influence the healthy development of a child both physically and mentally. Thus the law does have a right to be concerned with moral fitness of a child’s parents. Moral fitness as described in Florida Statute 61.13 covers several area of...

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The Importance of Professionalism in the Legal Profession

The very word “profession’ denotes there is supposed to be professionalism around somewhere, but where is the somewhere? Unfortunately, due to much unprofessional behavior among lawyers over the years, it is a joke in some circles that there probably isn’t a lawyer left practicing professionalism. This of course isn’t true and hopefully this blog will give some positive insight. It is interesting to note that the legal profession itself is concerned with the professionalism of its members and in April of 2015 a conference organized by the Harvard Law School Center on the Legal Profession was held to deal directly with...

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What is a Request For Production and Interrogatories and Why Are These Discovery Vehicles So Useful?

Working with an attorney is much like meeting that special person in your life and developing a personal relationship. It takes time. During this time interrogative questions are asked and answered and evidence such as meeting parents or seeing the actual workplace come into play. This blog will take an in-depth look at both Request for Production and Interrogatories and just why they are useful for both client and attorney. Looking first at Request for Production, the legal definition found in the online Findlaw Legal Dictionary states “a discovery request issued by one party to an action on another for the...

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