Category Archives: Family Law
Is There A Set Age in Which a Child Can Choose Which Parent to Live With?
It is a question commonly asked by divorced or divorcing couples – when will my child be old enough to decide which parent her or she wants to live with? The reason behind this inquiry can vary, as sometimes the noncustodial parent wants the child to live with them or the child asks to… Read More »
After Years Together, More Older Couples Splitting Up
Divorce later in life – commonly known as “gray” or “silver” divorce – is not only becoming more popular, but it is also becoming less taboo, according to a recent New York Times article. In fact, statistics compiled by the National Center for Family and Marriage Research revealed that people age 50 and older… Read More »
The Difficulty in Obtaining Sole Custody in Florida
Under Florida law, child custody is based upon the “best interest of the child” and includes several factors that look into his or her health, education and emotional well-being. Prior or during most divorces the soon-to-be ex-spouses create a parenting plan, which includes time sharing with the child or children. If you or someone… Read More »
New Bill Proposes Exception for In-State Residency Requirement for Divorces
Last month, a new bill seeking to carve out an exception to Florida’s residency rule for individuals seeking divorce came at an appropriate time, as Domestic Violence Awareness Month was in October. In his proposal, Representative Halsey Beshears (R-Monticello) directly addressed the state’s residency requirement as a prerequisite for filing a divorce. Domestic violence… Read More »
Military Mom Fights to Get Back Kids; Stepmother Lost Custody While She Was Deployed
Florida resident Amanda Hurst left her two children, ages 7 and 8, in the custody of her stepmother just prior to going overseas to fight. According to a My News 13 report, in 2009 Hurst joined the Army and was immediately deployed to serve in Iraq and Afghanistan. Just before Hurst’s 2013 honorable discharge… Read More »
Divorce Without Court Through Mediation – Is It Right For You?
Every marriage is different and, subsequently, so is every divorce. There are multiple options when facing divorce including: Do-it-yourself divorce – while this option may be work in an uncomplicated situation (short marriage period, no children, little to no assets and/or debts to be divided, comparable incomes and no alimony), it is still highly… Read More »
Seeking Modification of Florida Alimony Awards
Florida’s alimony laws are known to be some of the most progressive in the nation. If an alimony award was given in the original divorce decree, Florida law allows for modification or termination. In order for this to occur, however, the movant must establish that something has occurred to affect the former spouse’s ability… Read More »
Child Time Sharing When You Are a Florida Military Family
A military family who has gone through a divorce faces unique circumstances in addition to confronting the legal system that may vary from state to state. If you are a member of the military – or are a military spouse or ex-spouse – it is important to be aware of these special issues to… Read More »
How Mental Capacity Affects Divorce in Florida
A Palm Beach man with dementia, Martin Zelman, is seeking to divorce his wife but does not have the right to sue due to legal technicalities, according to a WPXI News report. Zelman, who married his current wife in 2000, is subject to both a prenuptial agreement and his condition of dementia. The 87-year-old… Read More »
Women Benefit Less From Marriage Than Men, More Likely to File for Divorce
A recent Psychology Today article reports that studies show the benefits of marriage go mostly to men – not women. While media and pop culture paints the picture of many women planning their marriages while still in grade school and men as commitment-phobic, studies show that real life is not quite that image. The… Read More »