The principle of separation of church and state affects many aspects of United States law, including family law. For example, a marriage ceremony in a church, temple, or mosque is not enough to render a couple legally married under United States law; they must also obtain a marriage license and marriage certificate from the court…
Continue reading ›Litigation, in which parties argue their cases before a judge, is only a small part of what happens in Florida’s family law courts. Courts deal with agreements as much as, or more than, they do with disagreements. One might not think of the words “agreement” and “divorce” as belonging together in the same sentence, but…
Continue reading ›There is never a good time to divorce, when everything will be simple, but some issues, such as those related to division of property, seem even more complicated when the parties are elderly. Perhaps Florida’s most notable case is that of Burt and Lovey Handelsman, who started divorce proceedings after 67 years of marriage and…
Continue reading ›The longer a couple has been married, and the more assets they have, the more complicated the case tends to be if they divorce. Perhaps the most bitter divorce battles center around the physical custody of minor children and the right to make decisions related to their upbringing. When a couple does not have minor…
Continue reading ›How does a Florida Family Court judge deal with the issue of foreign law? There is no doubt that Florida is a multi-cultural state, drawing residents from around the world. Oftentimes those residents will come to Florida with prenuptial agreements executed in their home countries. These agreements usually will contain a choice of law provision…
Continue reading ›Changing the surname of the minor child after divorce is no simple matter. As a matter of fact, the burden of proof in such a situation is extremely high. The standard for changing the child’s name is whether the change is in the child’s best interests or is necessary for the welfare of the child.…
Continue reading ›A financial affidavit must be filed in an initial divorce proceeding as well as in supplemental dissolution proceedings. Florida Family Law Rule of Procedure 12.285 (e)(1) requires the service and filing of a financial affidavit in supplemental dissolution proceedings within 45 days of service of the initial pleading on the respondent. In child support modification…
Continue reading ›It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious…
Continue reading ›When two people get married, it often makes sense to combine finances. Spouses open joint bank accounts and combine their incomes to help each other pay off debts–both pre-existing debts and new ones acquired during the marriage. In many situations, spouses may depend on one another to be able to cover their monthly bills. This…
Continue reading ›A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely…
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