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Category Archives: Family Law

CoupleBeach

Does Florida Have Common Law Marriage?

By Schwartz | White |

When is a married couple not married?  Is it possible to not know for sure whether you are truly married to your spouse?  These are the kind of thoughts that never pass through your mind until you are watching Netflix alone late at night, and an offhand comment made by a character in a… Read More »

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DivorceCost

Procrastination After Divorce Can Lead to Financial Woes in the Future

By Schwartz | White |

Getting divorced is a slog, and it is a relief to be legally single again.  It is no wonder that some party planners in South Florida dedicate a page of their websites to divorce parties.  You deserve to celebrate making it through your divorce and to share a toast to your new life with… Read More »

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Annulment2

What Happens To The Marital Property In A Marriage Annulment?

By Schwartz | White |

Annulment of marriage is when the court declares that a marriage never existed.  Most annulments happen very shortly after the marriage ceremony, because the parties quickly realize that they are unsuitable marriage partners for each other.  Millennials will remember that, for exactly one weekend in early 2004, Britney Spears was married to her childhood… Read More »

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Divorce2

It’s Still Marital Property If You Acquired It After You And Your Spouse Separated

By Schwartz | White |

According to Florida law, when a couple gets divorced, all their marital property is subject to equitable distribution, which means that the court will divide it in the fairest way possible.  Unless you sign a prenuptial or postnuptial agreement indicating otherwise, all income the parties earn and all the assets they acquire during the… Read More »

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MentalH1

Will a Mental Illness Diagnosis Affect Your Parenting Plan?

By Schwartz | White |

The news headlines show you that the stigma surrounding mental health issues is much less than it was a generation ago.  It is now possible to talk openly with your friends and family about medication side effects and the ups and downs of relationships with therapists.  Having to disclose your mental health diagnosis to… Read More »

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Annulment

Reasons for Marriage Annulment in Florida

By Schwartz | White |

If asked to name what the family courts do in Florida, the first things that come to mind are probably divorce, child custody and child support decisions, and adoption.  You probably do not think of annulment.  Today, we most often hear of marriage annulment in a religious context, such as if a church annuls… Read More »

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FamLaw2

When Divorced Parents Disagree About Children’s Medical Care

By Schwartz | White |

Medical conditions, especially chronic ones, do not always have one universally agreed upon method for how best to manage them.  Even in cases where almost all physicians would recommend the same treatment, the decision to pursue the treatment is not always easy.  For example, parents may wish to delay having a child undergo surgery… Read More »

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Depressed

Florida Parenting Plans and Parents’ Mental Health

By Schwartz | White |

The good news is that society’s awareness of mental health and mental illness are increasing, and thus, the stigma against seeking treatment for a psychiatric illness has lessened during our lifetimes.  Today, nearly one in five Americans has received a diagnosis of a mental illness at least once in their lifetime.  Now that almost… Read More »

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Prenup9

A Family Law Attorney Can Help Keep Student Debt from Ruining Your Marriage

By Schwartz | White |

What determines when a person is mature enough to consider marriage?  Most people would cite financial independence as a prerequisite for marriage readiness, but in today’s economy, the meaning of financial dependence is changing.  While some people value the multigenerational household, lots of people in their 20s and 30s would balk at the idea… Read More »

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FamLaw

Does Florida Have Spousal Privilege?

By Schwartz | White |

Spousal privilege in Florida is also known as “husband – wife privilege” and is covered under Florida Statute Section 90.504. This privilege is designed to prevent one spouse from disclosing certain types of communication that occurred between the spouses. It is to encourage honest communication between spouses without worry or threat that any of… Read More »

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