Author Archives: Sean Smallwood
Temporary Relief Issues In Divorce
TL;DR • Temporary relief allows the court to issue short-term orders for child custody, support, alimony, or attorney’s fees while a divorce is pending. • These motions are often needed because contested divorces can take a year or longer to finalize. • In most Florida jurisdictions, hearings for temporary relief (except custody issues) must… Read More »
Equitable Distribution in Divorce: Florida Family Courts Aim to Play Fair, Even When Estranged Spouses Do Not
TL;DR • Equitable distribution in Florida aims for a fair (not always equal) split so each spouse’s post-divorce standard of living is similar to the marital one. • Marital property generally includes assets acquired during the marriage—even if titled to one spouse—while separate, premarital assets are excluded. • Judges weigh factors like length of… Read More »
How Are Retirement Accounts Divided in Divorce in Florida?
TL;DR • Retirement accounts like 401(k)s, IRAs, and pensions are considered marital assets in Florida if contributions were made during the marriage. • Under equitable distribution laws, the marital portion is usually divided 50/50 unless special factors apply. • Couples can often negotiate to keep their own retirement accounts by offsetting the value with… Read More »
Does Domestic Violence Affect a Divorce Settlement in Florida?
TL;DR Domestic violence can impact child custody, alimony, and even property division during a Florida divorce. Judges prioritize the child’s safety—evidence or convictions of DV often lead to sole custody for the non-abusive parent. DV may influence alimony if abuse affects a spouse’s health, income, or ability to work. Property division remains equitable, but… Read More »
How To Spot Hidden Income And Assets In Divorce And Family Law Cases
TL;DR • It’s common for spouses to hide money or property during divorce to reduce support payments or avoid asset division. • Hidden assets often include cash, precious metals, paper stock certificates, or property owned through a business. • Unreported income can come from cash jobs, prepaid taxes, gift card schemes, or excessive retirement… Read More »
Back To School Tips For Parents With Summer Child Custody Schedules
TL;DR • Communicate early and clearly with the other parent to plan exchanges and avoid last-minute surprises. • Coordinate on bedtime routines, school supplies, uniforms, and back-to-school events to keep consistency for the child. • For long-distance custody, book travel well in advance to save costs and ensure smooth transitions. • Encourage both parents… Read More »
What Is a First Offense Violation of a Restraining Order?
A first offense violation of a restraining order in Florida is typically a result of violating the no-contact provision of the order, whether intentionally or unintentionally. Also known as violating a protection order in Florida, this can include texting, calling, or even trying to reconcile the relationship after a restraining order is in place…. Read More »
Who Pays for a Divorce Lawyer in Florida?
In Florida, the court often orders the higher-earning spouse to pay the other spouse’s attorney fees. The reasoning behind this is to ensure that both parties have equal access to competent legal representation, regardless of their financial means. This is especially important in cases where one spouse may be financially disadvantaged, such as when… Read More »
What Is The Filing Fee For a Divorce in Florida?
The standard filing fee for divorce in Florida is around $408, which includes the court filing and summons fee. This fee is applicable to most standard divorce cases, but it may vary slightly depending on the specific court or district. Additional costs may apply depending on the circumstances, such as if you can’t find… Read More »
When Divorce Affects Senior Care: Who Is Responsible for Mom or Dad?
Going through a divorce is really stressful, and it doesn’t just affect the individuals involved; it can affect the entire family. One of the most unexpected things that comes up during a divorce is how it impacts the care of elderly parents, especially ones that are in need of every day caregiving. For families… Read More »
Courts Can Deny Custody To A Biological Father If Their Child Was Born In An Intact Marriage
TL;DR Courts prioritize the child’s best interests. They order or consider DNA tests only when it helps decide what is best for the child. A DNA result by itself does not replace a legal father. Marriage to the mother at birth and an established parenting role carry strong legal weight. Case example. John Slowinski… Read More »
How to Avoid Conflict Over Children’s Medical Treatment After Divorce
TL;DR Key distinction: emergencies get immediate care by the adult present. Non-emergency treatment requires shared decision making per the parenting plan. Parenting plan must assign final say on medical decisions and outline how parents will consult doctors, share records, and resolve disagreements. Emergencies include fractures, concussions, deep cuts, severe allergic reactions, poison ingestion, animal… Read More »
Four Ways to Make Dealing with an Impossible Ex-Spouse More Bearable
TL;DR Goal is low contact, child centered co parenting that protects your sanity and the kids. Parenting coordinators can mediate when you cannot agree on a parenting plan. Many have clinical training and must be certified. Parallel parenting keeps boundaries firm. Each parent runs their own household rules, uses brief written handoffs, and minimizes… Read More »
Where is the Dividing Line Between Marital Debt and Marital Misconduct?
TL;DR In Florida, debts incurred during the marriage are usually marital debts and get split using equitable distribution, unless a valid prenup says otherwise. Separate property stays separate if kept separate. Typical examples are inheritances or personal injury awards that are not commingled. Student loans taken during the marriage are generally marital debt even… Read More »
Can the Court Require Your Ex to Pay Alimony If You Were Never Legally Married?
TL;DR Florida does not recognize alimony for unmarried partners. No domestic partnership rights for support even after long cohabitation. You can leave assets by will or co-own property, but those are not spousal rights and do not create support obligations. Palimony is not a recognized path in Florida. Children change the picture. Parents must… Read More »
Parker v. Parker, Paternity Fraud, and the Meaning of Fatherhood in Florida
TL;DR Parker v. Parker shows that legal fatherhood can persist even when DNA says otherwise if the father waited too long to contest. Richard Parker was ordered to keep paying child support despite a DNA test because he did not challenge paternity within one year and had continued acting as the father. Florida presumptions…. Read More »
Facing Divorce With An Autistic Child or Child With Autism Spectrum Disorder (ASD) in Florida
TL;DR Best interests rule: courts prioritize consistent therapies, school supports, and medical advice for ASD. Evidence that matters: diagnosis documents, provider notes, and a clear history of attending appointments. Get involved now: show up for therapy, IEP or school meetings, and medical visits to strengthen both care and your case. Handle meltdowns calmly: use… Read More »
Myths and Facts About Foster Care in Florida Family Law
TL;DR Foster care looks different for each family. Outcomes range from short stays to adoption, and many kids reunify with birth parents. Many children live with relatives, not strangers. In early 2019, about 13,449 were with relatives vs. 10,227 in licensed foster homes. Permanency varies. Of children entering care in 2017, 39.6 percent reached… Read More »
Should I Use A Guardian Ad Litem In My Florida Divorce?
TL;DR A guardian ad litem can help when parents sharply disagree about custody choices like schooling, childcare, discipline, or schedules. In Florida the guardian ad litem is a trained volunteer who represents the child’s best interests, similar in spirit to the child having an advocate. The same volunteer usually stays on the case unless… Read More »
How To Remove Spouse’s Name From Loans In Divorce Cases
What To Do In Divorce Litigation if You Have Property Financed In Both Names TL;DR If both spouses are on a loan, a judge usually cannot just remove one name unless the remaining borrower can qualify to refinance alone. Common co-borrowed items include homes, cars, boats, and mobile homes. Lenders look at income, credit,… Read More »
Can I reconcile before my divorce is final
TL;DR Many divorce attorneys, including the author, encourage clients to try marriage counseling before finalizing a divorce. The odds of reconciliation are often higher than people realize, and small changes or counseling could resolve many marital issues. Common causes of divorce, such as financial disagreements, parenting conflicts, and addiction, can often be addressed through… Read More »
Top 8 BEST Divorce Lawyers in Orlando, FL
Compare Orlando Divorce Attorney Reviews and Ratings Over the years, we’ve been asked, “Who are the best divorce lawyers in Florida?” While our family law firm consistently ranks among the top in Orlando, we understand that no one lawyer is the perfect fit for every situation. Orlando has a diverse legal landscape, that boasts… Read More »
Adventures in Alimony: Tales from Florida Case Law
TL;DR Alimony is awarded based on the financial partnership during marriage, considering factors like age, work ability, and marriage length. Florida courts rarely award permanent alimony to spouses under 50 or with marriages under 20 years. Alimony types include rehabilitative, permanent, and bridge-the-gap, with amounts varying based on individual circumstances. Famous Florida cases show… Read More »
Divorce and Porn Addiction
On this page: Considering Divorcing a Porn Addict? Recognizing the Effects of Porn Addiction and Divorce What Do I Do if My Partner Is Addicted to Porn? Ready to Speak with a Divorce Attorney? What Our Clients Say TL;DR Porn addiction is a growing cause of divorce, with studies showing it plays a significant… Read More »
What To Do If Your Spouse Empties The Bank Account In A Florida Divorce
TL;DR It’s common for one spouse to remove money from a joint bank account during a divorce, but there are rules around it. Taking half of a marital account is generally allowed if the person fears the other might take all the funds. Removing all money from a joint account can lead to legal… Read More »
5 Orlando Divorce Statistics You Never Knew
TL;DR Orlando has a divorce rate of over 13%, which is higher than the national average of 10%. Several Florida cities, including Orlando, rank high for divorce rates, with Panama City at the top. From 2010 to 2013, most Florida cities saw an increase in divorce rates, except for Tampa. Orlando has a significant… Read More »
Advice to Give To A Friend Going Through Divorce
TL;DR Encourage your friend to consider marriage counseling if both spouses are willing to save the marriage. Advise them to speak with a divorce attorney early to avoid complications and understand the legal process. Suggest they know where their money is and be aware of joint accounts to avoid financial surprises. Remind them to… Read More »
How Do Hurricanes Impact Florida Parenting Plans and Custody Agreements?
TL;DR Safety first: if a hurricane makes exchange unsafe, shelter or evacuate—parenting plans prioritize the child’s best interests. Check your plan for “act of God” provisions (hurricanes, severe weather) and follow required notice/communication steps. If communication breaks down, involve your attorney to document decisions and serve as an intermediary. If your plan lacks disaster… Read More »
Use of The Psychological Evaluation In Divorce
TL;DR Psychological evaluations in divorce are often used in custody disputes to assess a parent’s mental health. Attorneys must request a court order for the evaluation, which outlines costs, evaluator choice, and timelines. Lawyers may try to agree on terms before seeking a judge’s decision. False or exaggerated claims can backfire if evaluations favor… Read More »
Do I Have To Pay Alimony If My Spouse Commits Adultery?
TL;DR In Florida, adultery is a factor courts can consider in alimony decisions, but judges rarely give it much weight. Alimony is based more on financial need, ability to pay, marriage length, lifestyle, and other statutory factors. Cheating typically does not affect whether alimony is awarded. Longer marriages, especially over 16 years, carry a… Read More »