Monthly Archives: May 2025
The Family Court Will Not Make Your Children Choose Between You and Your Ex-Spouse, and Neither Should You
Parenting is not a popularity contest. The parents of adults will remind you of this, and so will Internet content that ranges from web comix and lighthearted blogs to op eds by writers who are jockeying for a journalism award. It is hard enough to remember this when your toddlers scream bloody murder because… Read More »
4 Wholesome Reasons to Sign a Postnuptial Agreement
If you tell parties outside the relationship that you and your spouse signed a financial agreement with each other to resolve a conflict, they will probably think that your relationship is in trouble. To people who did not draft it, a postnuptial agreement sounds like an ultimatum; people who have not lived through the… Read More »
Yes, You Usually Have to Share Gifts With Your Spouse
In many situations, there is an unwritten rule that some people have a close enough relationship to you that they are entitled to a share of gifts you receive from outside parties. Every teacher who has ever received a batch of cookies as a Christmas present from a student’s parents has shared the cookies… Read More »
What Happens When You Use Your Separate Property to Buy a Marital Home?
At first glance, the rules about separate and marital property seem simple. All the assets you acquire during the marriage are marital, and everything you have owned since before you married your spouse is your separate property. There is more room for ambiguity than you might imagine, though. Money that you get through inheritance… Read More »
A Divorce Court Cannot Interfere With the Terms of a Trust Instrument
With a cat that ate the canary grin, estate planning lawyers will tell you that establishing a trust is the closest you can get to being above the law. Sign the trust instrument and transfer property to the trust, and it will take on a life of its own, like the broom in The… Read More »
Can Cheaters Get Alimony?
The family courts are not in the business of ordering restitution for broken hearts. Cases where the divorce court finds one spouse at fault for the divorce are rare exceptions; most divorce filings are for no fault divorce. Couples can decide among themselves that their marriage is irretrievably broken, and the court will grant… Read More »
Vexatious Litigation and Florida Family Law
Going back to family court after your divorce becomes final is more common than you might expect. People make mistakes, and judges are people. Some people go to court to appeal unfair decisions by judges or to seek to reverse rulings made based on a faulty interpretation of evidence. Even when the spouses or… Read More »
Can a Postnuptial Agreement Save Your Marriage and Your Immigration Status?
According to Florida law, you do not need to persuade the court that it is time to give up on your marriage. Florida recognizes no-fault divorce, which means that any couple that no longer wishes to stay married can ask the court to dissolve their marriage, and the court does not need to decide… Read More »