Recent Blog Posts
Is My Premarital Agreement Valid?
Are you currently planning to file for divorce, or are you aware that your spouse will soon be filing, and wondering if your existing premarital agreement will be upheld by the Florida divorce court? Creating a valid premarital agreement is essential if you want to ensure that its terms will be upheld in a… Read More »
Can I Seek Pet Custody in a Florida Divorce?
If you are getting divorced and you currently share one or more pets with your spouse, you may be concerned about how legal issues pertaining to ownership of your pet will be handled in your divorce. You may be wondering, for example, if you are able to seek pet custody, or whether the court… Read More »
How Do Florida Courts Determine Paternity?
There are many different reasons that a person may want — or need — to establish paternity in Florida. A paternity determination can be essential for obtaining child support, for custody and time-sharing purposes, and for a child who wants to have certainty and information about their paternity and heritage for various reasons. How… Read More »
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 »
