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Category Archives: Family Law

FamCourt

Failure to Report Child Abuse in Florida — Is It a Crime?

By Schwartz | White |

A number of states, including Florida, require anyone who suspects or witnesses child neglect or abuse to report the activity to the local authorities. Florida Statute 39.205 covers the crime of Failure to Report Child Abuse or Neglect. It defines the crime of Failure to Report as when someone knowingly and willfully fails to… Read More »

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DivorceHands

Is it Required to Return the Ring in a Broken Florida Engagement?

By Schwartz | White |

The breakup of an engagement can in some cases be just as emotional and financially stressful as a marriage falling apart. With more couples purchasing homes and other assets prior to marriage, there are a lot of financial aspects to deal with if one partner breaks off the engagement. One of the main assets… Read More »

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FamLaw2

Separation Agreement vs Settlement Agreement in Florida

By Schwartz | White |

Some states allow for formal legal separation, but Florida is one of only a few states that does not. A separation agreement outlines terms of a separation whereas the settlement agreement is the final part of a divorce. If you have questions regarding when you need a separation agreement versus a settlement agreement, it’s… Read More »

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TimeShare3

How to Improve Co-Parenting After a Florida Divorce

By Schwartz | White |

Learning how to co-parent with your ex-spouse can be one of the more challenging aspects of moving on after a Florida divorce. If one spouse is dealing with depression or struggling to move on, those feelings can manifest into bitterness and anger that make co-parenting even more challenging. The whole process of co-parenting is… Read More »

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Custody5

Emergency Child Custody Orders in Florida

By Schwartz | White |

The process for determining child custody can seem like a painfully slow process. However, there are several situations where Florida laws allow for emergency child custody hearings if there is reason to believe the child is in danger. Given that custody is an emotionally charged situation, many people may feel their situation qualifies as… Read More »

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Alimony8

Can Florida Alimony Payments Be Modified?

By Schwartz | White |

Depending on the type of alimony awarded in your divorce, the court may agree to a modification in certain circumstances. You cannot apply to have alimony modified if it was never awarded in the first place or if the award specified it was not eligible for modification. Alimony may be awarded when a spouse… Read More »

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Cohabitate

What is a Cohabitation Agreement in Florida?

By Schwartz | White |

The term cohabitation refers to two people who choose to live together and not enter into a legal marriage.  There are many reasons people may choose to forego getting married, with the downside being that they are not afforded the same rights as married couples because Florida does not recognize common law marriage. Before… Read More »

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DivorceDec

Can I File for Divorce in Florida Without an Attorney?

By Schwartz | White |

If you are contemplating a divorce, you may be wondering whether it’s possible to file without retaining a Florida divorce attorney to assist you. In Florida, a divorce is referred to as a dissolution of marriage. While it’s legally possible to file for a dissolution on your own, it is not necessarily advised in… Read More »

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DomesticViol2

The Use of No Contact Orders in Florida Domestic Violence Cases

By Schwartz | White |

The courts in Florida often issue a no contact order in a criminal matter that involves domestic violence, assault, battery, or any other crime where the court is concerned a victim may be threatened or at risk for continued violence. What is a No Contact Order? The no contact order is utilized before the… Read More »

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SadChild

Florida Family Law: Recognizing Signs of Physical Abuse in a Child

By Schwartz | White |

Physical abuse involving a child involves any “non-accidental” physical act by someone having care of the child. There is not always an intent to physically hurt a child, and some people may justify their behavior by claiming it to be a form of discipline. However, if the physical act is based on fear or… Read More »

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