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Legal Advice

Home > Legal Advice

What is a No-Fault Divorce?

According to Wikipedia, the definition of no-fault divorce is “a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.’ For many years there needed to be a reason such as proven adultery, abuse, abandonment, or mental cruelty for a couple to obtain a divorce. Now, in every state, including Washington...

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Fla. Stat. 61.13 child custody factors

In Florida the term “child custody” is not used except in special cases such as when a parent is in jail, a parent cannot care for a minor child due to severe mental or physical illness, a parent has been adjudicated guilty of child abuse, sexual abuse, or domestic violence, or a parent has an active history of drug or alcohol abuse. If one or both parents are found to have the above strikes against them, then Family Court will give full care “custody” to the non-offending parent. If both parents are proven unable to care for the minor child,...

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How Florida Family Law Presumes Parental Love

Parents love their children equally, and there is no presumption in favor of the mother or father. These words are the premise on which Florida Family courts build their statutes regarding the care and nurturing of minor children following a dissolution of marriage (divorce) or separation of parents not married. What this statement means is that presumably a father and mother, or parents of the same sex, love each of their minor children with precisely the same amount of mental, emotional, and intellectual fervor. In reality, this is likely not quite the case for in many families one parent cares...

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Factors for the Calculation of Child Support

In the state of Florida, the awarding of child support is mandatory whether the parents have been married or even have lived together. When paternity is proven, a child is born during a marriage, ora child legally adopted, the issue of calculating child support will become a part of a dissolution of marriage (divorce), separation of parents, or when a child is born to a couple. Child support can also be given to a third party who is given legal custody of a minor child when the court rules neither party is able to parent effectively. A side note, child...

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Save Those Text Messages: Electronic Evidence

Electronic evidence is fast becoming a vital part of testimony in a courtroom. In fact, cases have been lost or won on the basis of electronic evidence. These facts may sound scary, especially to those over 60, but they are a reality and must be taken seriously. Evidence, once it has been authenticated, can be used in the court. However, if a judge deems that the e-mail or phone text message is not able to be authenticated, or is hearsay, the resulting messages will be ruled inadmissible. So what precautions should a person take to avoid having electronic evidence tossed...

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The Dangers of Not Following Your Lawyers Advice

As with any situation where you have asked for advice and then decide not to follow it, there will usually be consequences. The effect of not following your lawyer’s advice, however, can really make a difference in the desired outcome of your case. Here are some likely consequences that may occur: Probably first and foremost is the fact that by not following your lawyer’s advice, you significantly harm the lawyer-client relationship. Your lawyer is working hard for you, and when you decide to no longer pay attention or listen to his or her advice, you give the impression you no longer...

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All About an Annulment in Florida

What is an annulment? According to the online legal dictionary, an annulment is “A judgment by a court that retroactively invalidates a marriage to the date of its formation.” In other words, legally, there never was a marriage between the two parties. In Florida, there are definite grounds an annulment can be obtained, and there is a legal process to follow when desiring such an outcome. It is interesting to note that an annulment is often more complicated and more expensive than a divorce. Let’s take a look at both the grounds and the process. Grounds: • One spouse is still married...

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Google, a Clients Worst Enemy

There are few people today who are not familiar with a computer and/or phone on which they can search the web via Google to find answers for almost any question they can imagine. While this is an excellent source of information and often very helpful, it can also be a detriment to getting answers that are really the truth. In the area of information regarding legal issues, Google can sometimes be misleading. From an attorney’s standpoint, Google can be a client's worst enemy. When an attorney is handling a case for a client, he or she will have the education needed...

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How to Establish Paternity in Florida ? Part Two: Establishing Paternity in the Courts

Sometimes the issue of deciding the biological and or legal paternity of a child is best done through the courts and thus letting a judge make the final decision. In Part one of this blog, the out-of-court ways to establish who the real and or legal father of a child are discussed. This part will tell you about using the Family Courts for a paternity matter. When filing a court case to determine paternity in the state of Florida, there are four ways the action can be initiated: • The man who is needing to know if he is or is not...

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How is Paternity Established in Florida? Part One: What is paternity, and how is it established out of court?

Definition of “paternity” as found in Merriam-Webster dictionary, “the quality or state of being a father”. In other words, the man who fathers a child is considered to have the paternity of that child. While this may seem obvious to a man who thinks he is the father of a child, there can sometimes be a situation when his paternity or fatherhood is called into question. Unlike the mother who bears a child and so is most definitely the mother, it can be unclear as to precisely who is the true father. Frequently, in the contemporary society of our modern...

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