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First, before answering the question asked in the title, it is important to understand the definition of the word “discovery” as it pertains in the legal sense. While it is true that discovery generally means to find out about, investigate, ask questions about, and explore information relevant to a topic, it carries a deeper meaning when ...
Family Law consists of a variety of situations that a person or couple cannot resolve by themselves without the help of the legal system. Some of these situations include divorce, modifications, timesharing, child support, division of marital assets, adoption, and bankruptcy. In each of these cases, there will be several considerations which ...
Must we attend mediation? If you live in the state of Florida and plan to divorce (dissolution of marriage), have a minor child (child under the age of l8 or a child who is unable to provide and care for him or herself) and are looking to set child support and or timesharing including developing a parenting plan, or are needing to return to c...
Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase "in the best interes...
Much to the disappointment of many yet the approval of, even more, the Alimony Reform 2020 Bill in the Florida Courts was denied in early March. While this is a significant setback for many, it is not the end as there will be other bills in the future attempting to accomplish much the same thing. For those who aren't sure what the bill was ho...
In Florida, there are six kinds of alimony or, as now termed, spousal support. The change to the term spousal support is largely due to the fact support during and following a divorce can be awarded to either spouse, husband, or wife. For many years, alimony was almost always given only to a woman, and so a new term helps identify that either...
Deciding to enter into the commitment of marriage is an exciting time in a couple’s relationship. Once the decision to take this step has been made, there is a set procedure to make a marriage legally binding and acceptable. Though similar, each state has its guidelines and regulations for obtaining a valid marriage. However, before outlini...
Communication, likely one of the most important social skills related to the human (and animal) species, is not something a person should take casually or for granted. How to use speech, emotions, and body language to effectively share information between two or more persons becomes a powerful tool, whether for a positive or a negative outcom...
Like any document requiring your signature, you should always read all the papers needing your attention. You should even read the small print as there can be some tricky points hidden there. And, reading an attorney’s retainer/fee agreement is no exception. This blog will take a look at why it is important to read the retainer/fee agreemen...
As with any professional whom you seek out and retain for advice, and in the case of an attorney, representation on a legal matter, it is wise to follow the advice given. Before retaining the professional, you should feel confident he or she knows about and has experience in the field of expertise you need. In the case of a lawyer, you can ch...
Dress for success. This can be said emphatically for those who are having their day in court, be it attorney, client, or witness. So often, people form judgments based almost entirely on their first impression of another person and can be a plus or a minus depending on the opinion formed. For example, should a client be dressed in poorly fitt...
Mediation, defined by Florida’s. Nineteenth Circuit Court—Family Mediation Program “is a process in which two people work together with a neutral third person (the mediator) to discuss the issues in their case and try to work them out. Mediation often occurs with both people in the same room.” In Florida, mediation in the Family Law c...
The answer to the question, “Does infidelity affect alimony?” is “yes.” But why is this so when at least in Florida which is a no-fault divorce state there does not have to be a reason for granting a divorce (now termed dissolution of marriage) other than the desire of one of the parties to end the marriage? Taking a look at the words...
All parenting plans in the state of Florida must be approved by the court. This fact is important as not only must the parenting plan be approved by the judge when shared parenting, parental timesharing case is heard in court but also when a parenting plan is part of a marital agreement signed following a mediation. Parenting plans created du...
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 Thanks giving 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 couple is struggling to stay toget...
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...
