Category Archives: Family Law
What to Know About a Florida Postnuptial Agreement
A prenuptial agreement is one that is drafted prior to the marriage, whereas a postnuptial agreement is one that is executed once the couple has already exchanged vows. Marital agreements are often used by parties who have a significant amount of assets, or were married previously and need to address assets or custody matters…. Read More »
Potential International Custody Issues in a Florida Divorce
Florida is home to a diverse population, so it’s not inconceivable that one parent may try to leave the country with or without permission during or following a divorce. It’s also not uncommon to run into custody disputes because one parent keeps the child in another country past the agreed upon timeframe. With permanent… Read More »
What to Know about Obtaining a Restraining Order in Florida
The intent of a restraining order is to assist with protecting someone from possible future violence by issuing an order that another person must stay away from and not contact the individual who filed for the restraining order. Florida offers several different types of restraining orders that relate to different kinds of violence, including… Read More »
What are the Most Common Types of Elder Abuse?
Experts estimate that while elder abuse only affects a small percentage of the population each year, less than one in 14 cases actually gets reported to law enforcement officials. Elder abuse is generally considered as abuse to someone over the age of 65. Elders may be more susceptible to abuse as they have often… Read More »
What are Florida’s Laws on Spousal Privilege?
You may have seen references to spousal privilege on television and assumed it was on-screen theatrics, but there is a valid legal theory that deals with privileged spousal communications and dictates when a spouse can testify against the other. There are situations in criminal and even family law where spousal privilege may or may… Read More »
Can a Spouse Obtain Medical and Mental Health Records in Divorce and/or Child Custody Matters?
The involvement of mental health professionals in Florida divorces is relatively common. Often times, they just receive a request, or even a subpoena, for records. However, if you’re concerned that your soon-to-be ex-spouse can just request all your medical and/or mental health records to use against you in the divorce, it’s not that simple…. Read More »
Possible Domestic Violence Defenses in Florida
Domestic violence battery is defined in Florida as the actual and intentional striking or touching of another person without their consent, or intentionally causing bodily harm to another person. The person that was struck must be a household or family member. Being convicted of a domestic violence battery charge can have lifelong consequences for… Read More »
What is the Baker Act and How does it Affect Family Law Matters?
The Baker Act refers to a Florida law that provides emergency mental health services and temporary detention for someone who is struggling with and / or impaired due to mental illness, and he or she is unable to determine what is needed for treatment. The name refers to the former Florida State Representative from… Read More »
What to Know About Dividing a Business in a Divorce
During a divorce, both assets and liabilities will be divided between the spouses. This process is called equitable distribution. The court will determine which assets are marital property and which ones are separate property, and then they distribute marital assets between the parties. If you own a business with your spouse, this will be… Read More »
Modifying a Child Support Order in Florida
Being awarded child support can seem like a real victory, but what happens if the person doesn’t pay? Or what if there is a change in circumstances that requires an adjustment in the ordered amount of child support? It’s important to point out that all Florida child support orders are modifiable, as long as… Read More »
