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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 pr...
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 o...
Time marches on, and so do people. No matter how much a person would like to look into the future and find out what will happen, this just isn’t possible. When a parenting plan is drawn up both parties do so with the limited knowledge of what will happen in the future and how each thinks the requirements of shared parenting, including times...
Holidays are, for most families, some of the best times of the year. This is especially true for young children unless their family is extremely poor and they feel left out compared to other children. Children and grownups alike look forward to spending time together and, in the case of birthdays and December holidays, to the tradition of gif...
Divorce, or dissolution of marriage as it is termed in modern times, is never an easy or pleasant experience. In most cases, life, as it has been, will be disrupted and changed. Both parties, whether either wants the divorce or not, will be faced with a different way of doing things during the proceedings and even more so once the divorce is ...
For many years the idea that one parent, usually the mother, should be the primary caregiver for minor children following a divorce or separation was the norm. The primary caregiver was typically referred to as having “custody” while the other parent was referred to as noncustodial, having secondary custody. Often the noncustodial parent ...
For many people, the holidays, especially Thanksgiving and Christmas, Hanukkah, and Kwanzaa, are some of the best times of the year. These events are looked forward to by persons of all ages and often are the main time families get together for fellowship and celebration during the year. Unfortunately, if a relationship is on rocky ground, th...
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 law 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 st...
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, ...
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...
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 ...
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 leg...
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 info...
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 p...
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...
No, a divorce does not have to be filed in the same state as where the marriage took place. In fact, you would file for a divorce in the state in which you are a resident. But be careful, states have different requirements for establishing and claiming residency for a divorce, and sometimes counties within a state have their own resident requ...
There was a time, and in a few states, it is still true, if a couple wanted to get a divorce there must be a proven reason such as infidelity, abuse, abandonment, or mental cruelty. In Florida, for example, this is no longer the way divorce works. Now, if only one person in the couple wants a divorce, or dissolution of marriage as it is now t...
Timesharing is the right of the minor child for frequent and continuing contact with the parents, not the parents’ Timesharing Rights to see the child. It is, for this reason, the concept of doing away with primary and secondary custody and replacing this with parental timesharing, the main part of shared parenting, was instituted. Most sta...
With the divorce rate in the United States hovering around 50%, the news media filled with daily reports of violent relationships, and doctors reporting illness caused be stressful relationships reaching an all-time high; it is time to think about how to avoid bad relationships. While it is true some good relationships go bad over time, most ...
Probably the reason most people wait until the last minute to hire an attorney is the cost. Many attorneys charge by the quarter-hour, and this can add up fast when having a conversation regarding a case not yet underway. While this is true, there are reasons it is a good idea to hire an attorney before your case is filed. Here are some of th...
Before looking at why a prenuptial agreement is needed, it is a good idea to look at what a prenuptial agreement is. A prenuptial agreement is a written document drawn up by both parties who are intending to be married. The document is written and properly signed, witnessed and notarized before the marriage takes place, It remains in effect t...
For many years the custody of minor children following a divorce or separation of unmarried parents was ordered by appointing one parent as the primary custodial parent and the other as a secondary custodial parent or a parent with visiting rights but not necessarily the right to have their child spend an entire night. As time has gone on and...
Managing stress and anxiety during a family law case can become a serious issue. Depending on the type of case will, to a certain extent, determine the level of stress and anxiety and the manner in which they are handled. If minor children are involved the level of concern is higher and the need for careful planning for managing stress and an...
Divorce, for many, is a financially devastating experience. All financial information from past to present—including bank statements, credit card charges, business dealings, property ownership, assets, debt accumulation, trip and vacation expenses, incomes, and expenses—must be fully disclosed for both sides to see. Ideally, a couple will...
Filing, answer, discovery, mediation, depositions, trial, and more. It is strange to think of divorce as having milestones as these are usually associated with the life of a marriage or the growth of a child. A comprehensive definition of a milestone as it refers to divorce is provided by the Cambridge English Dictionary which defines “m...
The use of social media, which includes texting, e-mails, YouTube, Facebook, Craigslist, Twitter, Tumbler, comments, Snapchat, Instant Messenger, flicks, Pinterest, Instagram, and LinkedIn, has become almost the main way people communicate not only information but often explicit pictures and videos of how they live their lives. While this can...
Who gets the dog, or any other treasured pet, when there is to be a divorce? One would think that, since most pets are treated as a part of the family, the courts would also consider them as such. This would mean that visitation rights or timesharing rights, as time spent with minor children is now referred to, would be granted by the courts ...
With more and more states allowing evidence found on electronic devices such as computers and iPhones it is essential that persons needing such evidence to support their claims learn how to preserve evidence stored on their electronic devices. Of course, there is the other side of the coin where when someone does not want evidence found on th...
Divorce, or dissolution of marriage as it is termed in most states, has, with little exception, been on the rise since the early 1900s when the divorce rate was around 5%. Back then, women had few rights and were usually not in a position to support themselves should they seek a divorce. Men were even allowed to abuse their wives as in the ey...
PEACE (parenting plan, equitable distribution, alimony, child support, everything else like attorney fees) As with most official situations involving a series of issues, when it comes to dissolution of marriage (divorce) the court will have an order to determine the outcome of resolutions in question. In Florida, there is an acronym, PEACE...
