Category Archives: Divorce
Will Domestic Violence Allegations Affect My Pending Florida Divorce Settlement?
Florida follows a no-fault divorce system, which means issues like abuse, adultery, or abandonment don’t need to be proven for a divorce to be granted. You don’t have to show that either spouse did anything wrong—simply citing “irreconcilable differences” is enough to dissolve the marriage. This said, arrests or allegations related to domestic violence… Read More »
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 »
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 »
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 »
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 »
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 »
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 »
Can I Set Aside a Divorce Settlement Agreement?
TL;DR Courts are reluctant to set aside divorce settlement agreements unless there are serious issues like fraud, misrepresentation, coercion, or major changes in circumstances. Agreements can sometimes be vacated before final judgment if they no longer serve a child’s best interest or financial situations shift significantly. After final judgment, setting aside an agreement is… Read More »
How Much Does A Divorce Cost in Florida?
TL;DR Divorce costs in Florida vary widely, with most retainers ranging between $2,500 and $5,500 through mediation; trial prep often requires additional fees. Billing structures include flat-fee retainers, non-refundable retainers, and refundable trust deposits, each with pros and cons. Attorney skill and strategy matter more than price; cooperation between parties greatly reduces costs. High… Read More »
Divorce Issues Caused By Mother in Law
TL;DR Mother-in-law interference is a common cause of marital strain and even divorce. Unrealistic expectations and lack of emotional boundaries can fuel tension. Couples should address issues as a united team and communicate openly. Therapy and setting clear boundaries with extended family can prevent divorce. If separation becomes necessary, consulting a divorce attorney is… Read More »
Why Hiring a Lawyer is Essential for Obtaining an Annulment in Florida
On this page: What Is Marriage Annulment in Florida? | Divorce Vs. Annulment in Florida | Is an Annulment Lawyer the Same as a Divorce Lawyer? | Florida Annulment Requirements | An Annulment Case in FL From the Local News Headlines | The Bottom Line on Marriage Annulment in Florida | Contact Sean Smallwood… Read More »
A New Study Reveals the Top 4 Reasons for Divorce in the U.S.
TL;DR A recent study found that the top reasons for divorce in the U.S. are lack of love or intimacy, communication issues, lack of sympathy or trust, and growing apart. Florida is a no-fault divorce state, meaning couples don’t need to prove fault to divorce. Divorce in Florida can be contested or uncontested, with… Read More »
Understanding Different Types of Restraining Orders in Florida
Types of Restraining Orders in Florida: Domestic Violence Injunctions The most common restraining order is the injunction for protection against domestic violence. This applies when one party alleges physical harm or threats of imminent harm, such as being slapped, threatened, or otherwise abused. These injunctions typically last about 12 months and are often filed… Read More »
Navigating Domestic Violence Allegations in Divorce Cases
The Reality of Domestic Violence Claims in Family Court Domestic violence allegations in divorce cases almost always lead to high-conflict situations. Once an allegation is made, especially when a petition for protection is filed, the story becomes locked in. Whether the claims are true, exaggerated, or false, the accuser usually feels compelled to stick… Read More »
Parental Rights for Unmarried Parents in Florida
No Common Law Marriage in Florida Florida does not recognize common law marriage. For unmarried parents, the mother is the legal custodial parent at birth until the father establishes paternity through the court system. Establishing Parental Rights for Unmarried Parents in Florida Fathers must file petitions to establish parental rights and custody. This process… Read More »
How to File an Emergency Custody Order in Florida
TL;DR Emergency custody in Florida is granted only for immediate danger, abuse, abandonment, or risk of a child being taken out of state. Courts use two motion types: rare ex-parte motions (without notifying the other parent) and regular emergency motions with notice. Judges make quick decisions based on well-prepared motions, often without hearing arguments… Read More »
How Do Stimulus Checks Get Divided In Divorce?
In light of the COVID 19 pandemic one issue that comes up in nearly every divorce case is that of the federal government stimulus checks and how they are to be addressed in the divorce. This leaves many people asking How Do Stimulus Checks Get Divided In Divorce?” Figuring out how to properly handle… Read More »
Can I Still Get Divorced In Orlando if My Spouse Will Not Sign The Papers?
One issue that divorce lawyers in Orlando Florida, deal with occasionally is the situation where one party wants to get a divorce, but the other party does not want the marriage to end. This can be a very sensitive situation and divorce attorneys in Florida need to be delicate in how they approach the… Read More »