Recent Blog Posts
Can a Florida Judge Force a Parent to Sell Their Homestead Residence to Pay Child Support?
One of the most important principles of Florida law is the homestead exemption. Florida’s constitution protects a person’s primary residence (homestead) from forced sale to satisfy a creditor’s claims. In other words, if someone sues you and obtains a money judgment, they cannot make you sell your homestead residence to pay for that judgment…. Read More »
How Can a Florida Divorce Affect Your Military Pension?
Many Port St. Lucie residents are current or retired members of a branch of the United States armed forces. These servicemembers are often entitled to receive deferred compensation during their retirement in the form of a military pension. Under both federal and Florida state law, these military pensions can be subject to equitable distribution… Read More »
Can You Challenge Your Ex’s Financial Affidavit After Your Florida Divorce is Final?
In a contested Florida divorce case, both parties typically need to prepare and file a financial affidavit. This is a legal form that discloses each spouse’s income, average monthly expenses, assets, and liabilities. These financial affidavits, in turn, are used to help resolve issues such as equitable division of marital property, alimony, and child… Read More »
Can a Florida Judge Award Sole Parental Responsibility Even When Neither Parent Requests It?
Florida family law uses the term “parental responsibility” when referring to a parent’s legal authority to make important decisions regarding their child’s education, health care, religious instruction, and overall welfare. Generally, courts prefer shared parental responsibility, i.e., a custody arrangement where both parents equally share these decision-making responsibilities. However, a court may also award… Read More »
Can a Florida Judge Order Joint Custody for a Pet?
It goes without saying that most Florida residents treat their pets as family members. Indeed, many people even view their cat, dog, bird, or other animal as the functional equivalent of a child. But what does this mean when the “parents” of a pet decide to get a divorce? Can the court award custody… Read More »
What is the Difference Between Divorce and Annulment in Florida?
Are you married but considering divorce in Florida? Many Floridians who are considering a divorce filing often want to know if they can be eligible for an annulment instead of a divorce. People often mistakenly assume that it is possible to choose between the two — divorce and annulment — and that annulment may… Read More »
Can a Florida Judge Order a Paternity Test for a Child Who Already Has a Legal Father?
In Florida, there is a longstanding common law rule that a man seeking a paternity test for a child who already has a “legal father” must first establish that such testing would serve the child’s “best interest.” In a landmark 1993 decision, Department of Health and Rehabilitative Services v. Privette, the Florida Supreme Court… Read More »
How Can I Challenge My Florida Divorce Settlement After It Is Approved by the Judge?
Although divorce is often associated with lengthy and acrimonious litigation, in reality most Florida marriages end through a negotiated settlement agreement between the parties. The final divorce proceedings are then uncontested with the judge approving the marital settlement agreement. But what happens if one spouse believes they were treated unfairly during the settlement negotiations?… Read More »
Florida Court Addresses Sale of Marital Home 17 Years After Divorce
Division of assets is often one of the more complex aspects of a Florida divorce case. Even when the parties are willing and able to reach a negotiated settlement on how to split their property, there are still a number of details that need to be worked out. This is particularly true when it… Read More »
Can a Florida Judge Issue an “Emergency” Order Restricting a Parent’s Visitation Rights?
Children are often caught in the middle when their parents divorce. This can lead to situations where the judge overseeing the divorce may decide that one parent’s actions threaten the child’s physical or emotional well-being. In such scenarios, the judge can take the extraordinary step of modifying an existing timesharing (custody and visitation) order… Read More »
