Florida is a no fault divorce state. This means that unlike some other states, it is not necessary to prove adultery, mental cruelty, abandonment or neglect in order to obtain a divorce. One spouse must simply state to the Court that the marriage is irretrievably broken and that they want a divorce. Only in limited…
Many of our cases today involve children whose parents are not married. Under Florida law either parent may file with the Court to establish paternity, child support, shared parental responsibility and a time sharing schedule. Until the Court establishes the father of a child as the legal father he has no enforceable time sharing rights,…
In Florida, divorces can be contested or uncontested. When we say contested in Florida we simply mean that the parties are not able to agree on all or part of the issues and they will need the court to decide. An uncontested divorce is one in which the parties have resolved all of the issues…
In Florida, after dependent children reach the age of majority a parent cannot file for child support. If there are grounds for support past the age of majority (a disabled child for example) the request should be filed prior to the child’s 18th birthday. After the child’s 18th birthday the adult child must bring the action for support. See…
How long do I have to live in Melbourne before I can file for divorce? You must live in Florida continuously for six (6) months before you can file for divorce. If you and your spouse have separated before you moved to Florida, the issue of which state has jurisdiction comes into play. Typically, the state where…
Currently the Florida Legislature is considering a total revamp of the alimony laws. The proposed revisions can be found in Senate Bill 668. This Bill establishes a formula and time limits for alimony and is proposed to go into effect October 1, 2016. This is a bill and not yet a law, however you may wish to contact…
Florida law prohibits relocation of children by either parent more than 50 miles from the address on file with the Court at the time of the Final Judgment. Section 61.13001 Florida Statutes. However, the Courts have recently held that even when the move is less than 50 miles, if there will be a change in the schools…
So, what is family law? Family law is the area of legal practice dealing with family relationships such as divorce, paternity, child custody and all the issues that go in hand with those kinds of cases. Family law attorneys also handle prenuptial/postnuptial agreements, stepparent adoptions, and guardianships. For a more in depth look at my practice areas visit my…
Religion is usually not an issue in child custody proceedings, even if the parents practice different religions. For example, if a child has a Christian mother and a Jewish father, a court will not consider the merits of either religion in determining which parent should have custody of the child. The court will grant custody…
Annulment is a legal proceeding initiated to terminate an invalid marriage and to declare that no valid marriage ever took place because of a problem existing at the time of the wedding ceremony. The basic difference between a divorce and annulment is that divorce dissolves a valid marriage, and annulment proclaims that there never was…
