Category Archives: Family Law
Contested Prenuptial Agreements in Florida: What Florida Courts Look For
Prenuptial agreements are often used in Florida to establish rights and obligations in case of a divorce. While these agreements are generally upheld, they are reviewed with great scrutiny by the Florida courts when one party contests them. A case from Florida’s Second District Court of Appeals shows how issues of financial disclosure and… Read More »
Attorney’s Fees in Florida Divorce Cases: Can I Be Forced to Pay My Spouse’s Legal Fees?
Attorney fees are often one of the largest issues of contention in Florida divorce cases. Chapter 61 of the Florida Statutes gives the courts the ability to order one spouse to pay some or all of the other spouse’s legal fees to make sure that both parties have relatively equal access to representation. One… Read More »
Domestic Violence Injunctions in Florida: Appellate Limits on Trial Court Discretion
Injunctions to protect against domestic violence in Florida are very significant legal instruments that limit contact with someone, limit access to their property, and have serious criminal consequences if violated. Due to their significance, Florida courts require strict compliance with legal standards before they grant injunctions to protect someone against domestic violence. A recent… Read More »
Contested Alimony in Florida: Why Accurate Income Findings Matter
Alimony remains one of the most disputed aspects of divorce cases through the State of Florida. Even though the law has restricted the types of alimony, trial courts must make specific findings on the need for support and the other spouse’s ability to pay. The Second District Court of Appeal recently decided a divorce… Read More »
How Domestic Violence Allegations Affect Custody Decisions in Florida: Lessons from Collins v. Collins
When parents separate or divorce, one of the most difficult issues they face is determining how their children will divide their time between the two households. That challenge becomes even more complex when one parent raises allegations of domestic violence. A Florida case called Collins v. Collins shows just how seriously courts must take… Read More »
Palmer v. Palmer: Protecting a Child’s Health in a Contested Parenting Plan
When parents disagree about the terms of a parenting plan, the guiding touchstone is always the best interests of the child. The Florida Fifth District Court of Appeals’ decision in Palmer v. Palmer provides a helpful illustration of how courts can intervene when a child’s health is at stake in the allocation of time-sharing… Read More »
Accuracy Matters: Lessons from Ondrejack v. Ondrejack on Contested Child Support
There are very few issues in family law that create as much long-term tension as child support disputes. Even after custody and visitation are settled, disagreements often continue about income, deductions, and the fairness of support amounts. Florida’s child support guidelines are meant to bring objectivity to this process, but the courts must still… Read More »
Domestic Violence Injunctions and the Requirement of Imminent Danger: A Closer Look at Randall v. Randall
Domestic violence injunctions can be a crucial form of protection for people dealing with threats or abuse. In Florida, a court can issue one of these orders if someone can show they’ve either been a victim of domestic violence or have a solid reason to believe it’s about to happen. But it’s not automatic—there’s… Read More »
When Alimony is Contested: Lessons from Addie v. Coale
Alimony is one of the most frequently contested issues in Florida divorce cases. While the end of the marriage may be clear, determining whether one spouse should continue to provide financial support to the other can be much more complicated. Florida law does not presume that alimony should be awarded. Instead, the spouse seeking… Read More »
When One Parent Undermines the Other: Lessons from Levy v. Levy
Parental conflict during and after a divorce can put the children in the middle of severe emotional tension. The Florida courts recognize that even when a marriage ends, the parent-child relationship should not. One of the most important duties of a custodial or residential parent is to encourage and facilitate the child’s relationship with… Read More »