Firm News

The Significance of a Lis Pendens in a Divorce Action

In order to understand the significance of a lis pendens in a divorce proceeding, it is crucial to understand the actual meaning of the words “lis pendens”. What is a lis pendens? The term “lis pendens” means a pending lawsuit. Quite often parties to a divorce own real property. When the circumstances are far from

Florida’s Enforcement of an Out-of-State Custody Order

If you have an out-of-state custody order that you are trying to get enforced in Florida, a specific process must be followed as outlined in Chapter 61, Part II, of the Florida Statutes. Part II of Chapter 61 contains a set of statutes that are referred to as the Uniform Child Custody Jurisdiction and Enforcement

Florida’s New Fiduciary Access to Digital Assets Act Grants Fiduciaries the Power to Manage and Dispose of the Account Holder’s Electronic Records or Digital Assets

If you are a fiduciary, this new Act that is contained in Chapter 740 of the Florida Statutes now allows a fiduciary to access and manage the account holder’s digital assets. Specifically, the Act grants authority to a fiduciary to access electronic records of a decedent, principal, settlor or a ward. The Act refers to

When It Comes To Marital Settlement Agreements In Florida – It Is All In The Details

The majority of dissolution of marriage actions are resolved through settlement rather than litigation. Settlement is often encouraged and favored, provided the parties are fully informed and have received the requisite financial disclosures from each other or have opted to waive those disclosures, again, voluntarily and with full knowledge. Settlement can be reached at any

Florida Child Support Deviation: Your Monthly Child Support Payments Can Be Adjusted When Statutory Amount is Unjust and Inappropriate

Pursuant to Section 61.30(11) of the Florida Statutes, a Court may adjust the total minimum child support award, or either or both parents’ share of the total minimum child support award, based upon the following deviation factors: Extraordinary medical, psychological, educational, or dental expenses. Independent income of the child, not to include moneys received by

Don’t Get Blindsided By Retroactive Child Support

If you are a parent who has recently separated from your spouse or partner with whom you had a child(ren), then you should be aware how retroactive child support may affect you. Retroactive child support is child support in addition to the current support. Pursuant to Section 61.30(17) of the Florida Statutes, “[i]n an initial

It Is Not Always Clear-Cut What Constitutes Marital and Non-Marital Assets In A Divorce

Inherent to a Florida action for dissolution of marriage is the equitable distribution of the parties’ marital assets and debts. However, what makes an asset or a debt “marital” is not always an easy determination. Section 61.075(6)(a)1 of the Florida Statutes defines marital assets and liabilities to be the following: Assets acquired and liabilities incurred

Timesharing Schedule Considerations When Creating or Modifying a Parenting Plan in the Absence of an Agreement

It is the public policy of the State of Florida that each child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and that the parents share the rights, responsibilities and the joys of childrearing. There is no presumption for or against the father

Proactive Tenants are Happy Tenants: Things a Tenant Should do BEFORE Signing a Lease

Whether you are a seasoned tenant or a novice, it is always prudent for a tenant to not rush into a tenancy but take time to view the actual unit, read the lease, ask questions and otherwise be a proactive tenant as a tenant who is well-informed of his or her rights is more likely

Florida Alimony and Voluntary Retirement: Does Voluntary Retirement Trigger a Modification?

Section 61.14(1)(a) of the Florida Statutes addresses alimony modification in the following manner: When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court

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