Category Archives: General
A Closer Look at the Misuse of Emergency Motions in Family Court in Florida
TL;DR Many emergency motions in Florida family court fail because they don’t meet the strict legal standard for emergencies. True emergencies involve imminent harm to a child or property, not routine custody or visitation issues. Filing unnecessary motions can damage both the lawyer’s credibility and the client’s trust. Lawyers should set realistic expectations and… Read More »
Child Custody With Absent Parent Florida
TL;DR Florida courts handle absent parent custody cases carefully, prioritizing the child’s safety and stability. Full custody is rarely automatic; judges consider reasons for the parent’s absence. Temporary custody is often granted to the present parent. Absent parents can petition for time-sharing later if they re-engage. Consulting an experienced Orlando family law attorney or… Read More »
What If I Can’t Afford A Divorce Attorney In Florida?
TL;DR Free or low-cost help is available through community legal services and court self-help centers. Florida courts can order the higher-earning spouse to contribute to attorney fees, often after mediation. Pay-as-you-go or refundable retainer models can make hiring a lawyer more manageable. Extremely low retainers may indicate inexperience and can backfire; self-representation requires careful… Read More »
Dealing with High Conflict Family Law Cases: The Dangers of False Allegations
How False Allegations Can Harm Custody and Time-Sharing Divorce is rarely easy, but for most couples, the process eventually moves from emotional turmoil to a settled agreement. However, a specific subset of cases defies this norm, spiraling into what legal professionals term “high conflict” divorces. These cases are not merely disagreements over assets; they… Read More »
Legal Separation in Florida
Florida does not have formal legal separation. Some states create a separate status called legal separation. Florida does not. You can live apart and file targeted actions, such as temporary support unconnected with dissolution, but there is no official legal separation status that ends marital accruals the way a divorce would. Is Legal Separation… Read More »
What Is a Wife Entitled To In a Divorce Settlement in Florida?
When approaching a divorce in Florida, many spouses enter the process with misconceptions about what they are legally “entitled” to based on gender. A common question is specifically what a wife is entitled to. However, the first and most critical fact to understand is that Florida’s divorce laws are strictly gender-neutral.[1] The courts do not award… Read More »
How Do I Protect Myself Before Divorce?
We meet a lot of people who believe that keeping money in a separate account during marriage makes it separate property. That is almost never true in Florida. Income earned between the wedding date and the date of filing is generally marital. Where you park it is not the deciding factor. How Do I… Read More »
What Are The Different Types of Alimony?
Florida uses four main alimony tools. One size does not fit all, so it helps to know which tool matches your facts and how each one fits into an overall strategy. What Are the Different Types of Alimony in Florida? In most Florida divorce cases involving support, the court will look at four primary… Read More »
Can a Spouse Refuse Divorce in Florida?
If your spouse goes missing or refuses to participate in the divorce process, Florida law still allows you to divorce them. You can request a “default judgment” if your spouse cannot be located, usually through a publication notice in the newspaper. This process is designed to ensure that one spouse cannot block the divorce… Read More »
What Happens If You Agree to an Unfair Settlement?
While Florida courts allow both parties to reach an agreement on their own, it’s essential to ensure that the agreement is fair. If one spouse is pressured into agreeing to an unfair settlement just to avoid a drawn-out court battle, it could have long-term financial consequences. This can include losing out on assets or… Read More »
Can a Spouse Refuse Divorce in Florida?
Under Florida’s no-fault divorce system, one spouse does not need the other spouse’s consent to file for divorce. As long as one party claims that the marriage is “irretrievably broken,” the divorce will be granted. This means that the spouse filing for divorce does not need to provide evidence of fault or wrongdoing by… Read More »
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 »
Is Divorce Always 50/50 in Florida?
Florida divorce law often raises two big questions for couples: whether property is always divided 50/50 and who, if anyone, must leave the marital home during a divorce. Both answers depend on Florida’s principle of equitable distribution and the specific circumstances of each case. How Florida’s 50/50 Divorce Rule Actually Works Florida follows the… Read More »
How Do Durational Alimony Calculations Differ From Regular Alimony?
Florida family law changed significantly on July 1, 2023. Permanent alimony ended in name, and durational alimony became the longest form of ongoing spousal support a court can award. If you are divorcing in Florida, this is likely the framework that will shape any long-term financial support between spouses. What Is Durational Alimony? Durational… 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 »
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 licensed and board-certified 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… Read More »
Facing Divorce With A Child With ADHD in Florida
Understanding Custody Disputes Involving a Child with ADHD Divorcing when a child has autism, ADHD, or other special needs requires special considerations. Whether it’s making accommodations in the parenting plan, managing different educational needs, or understanding the child’s emotional needs during such a stressful time, divorce attorneys must be well-versed in handling these complex… Read More »
Fighting Over the House in Divorce: What You Need To Know
But I Can Afford The Mortgage Payments After The Divorce Is Over! As a divorce attorney, I see it all the time – couples who fight over the house in the divorce proceedings in Orlando, FL. However, what many fail to realize is that, in most cases, they either can’t afford to keep… Read More »
Welcome To The Newest Addition To The Smallwood Family Law Team
The Smallwood Family Law Team Welcomes Its Newest Addition On July 11, 2017 at 3:19 a.m. we welcomed our newest future Smallwood, P.A. team member Ava Raelyn Penelope Smallwood. She was born at Winter Park Memorial Hospital and, at one day old, her hobbies include sleeping, burping, and snuggling with mom and dad. We would… Read More »
Breakdown Of Chris Brown Custody Hearing
Chris Brown’s Recent Custody Hearing Offers Some Insight Into His Case And Also Shows How Similar His Case Is To Everyone Else’s After reading up on Chris Brown’s child custody hearing back in September it becomes clear that the issues the singer faces in his case are the exact same issues that many other… Read More »
Can I Find A Good Divorce Attorney On AVVO.com?
Many Parents Looking For Divorce Attorneys Go To AVVO.com To Find Representation. Are They On To Something Good? These days anyone searching for a lawyer for a divorce or other family law case type has no shortage of places to look for legal professionals. Whether they see attorneys on billboards, radio ads, television commercials,… Read More »
Common Mistakes Attorneys See In Divorce Cases
These Are The Most Common Mistakes Made By Parents In Divorce Proceedings in Orlando, FL Along With Explanations When two people are going through a divorce it is not hard to imagine that there are very highly charged emotional issues working behind the scenes that influence a parent’s decisions when the split is taking… Read More »
Rosie O’Donnell Drug Tests Before Visitation In Custody Case?
Will Rosie O’Donnell Need To Pass Drug Tests To Have Visitation With Her Daughter? A Lawyer’s View Rosie O’Donnell is involved in a same sex child custody case with her wife, Michelle Rounds, over her 2 year old daughter, Dakota. Rounds’ lawyers are seeking a court order for O’Donnell to have to submit to… Read More »