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Category Archives: General

Will Domestic Violence Allegations Affect My Pending Florida Divorce Settlement?

By Dave DiGregorio |

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 »

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Is Divorce Always 50/50 in Florida?

By Sean Smallwood |

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 »

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How Do Durational Alimony Calculations Differ From Regular Alimony?

By Sean Smallwood |

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 »

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What Is a First Offense Violation of a Restraining Order?

By Sean Smallwood |

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 »

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Who Pays for a Divorce Lawyer in Florida?

By Sean Smallwood |

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 »

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What Is The Filing Fee For a Divorce in Florida?

By Sean Smallwood |

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 »

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Top 8 BEST Divorce Lawyers in Orlando, FL

By Sean Smallwood |

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 »

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A Closer Look at the Misuse of Emergency Motions in Family Court in Florida

By Sean Smallwood |

Why Many Emergency Motions Are Doomed to Fail When filing an emergency motion in Florida, many attorneys and clients fall into a trap: treating a non-urgent issue as an emergency. But judges have strict standards for what qualifies as an emergency, and most routine custody disputes do not meet these criteria. What Counts as… Read More »

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Facing Divorce With A Child With ADHD in Florida

By Sean Smallwood |

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 »

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Dealing with High Conflict Family Law Cases: The Dangers of False Allegations

By Sean Smallwood |

How False Allegations Can Harm Custody and Time-Sharing False allegations of abuse in family law cases can have severe consequences, not only damaging the accused parent’s reputation but also disrupting a child’s relationship with both parents. The Case of False Abuse Allegations In one case, a mother repeatedly filed emergency motions accusing her ex-husband… Read More »

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Child Custody With Absent Parent Florida

By Sean Smallwood |

What Happens When One Parent Walks Away? In Florida, child custody cases can become complex when one parent disappears from the child’s life. If a parent voluntarily walks away, the remaining parent—often the father if the mother leaves—may seek full custody to ensure the child’s stability and safety. These situations fall under the broader… Read More »

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Fighting Over the House in Divorce: What You Need To Know

By Sean Smallwood |

  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 »

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Welcome To The Newest Addition To The Smallwood Family Law Team

By Sean Smallwood |

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 »

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Breakdown Of Chris Brown Custody Hearing

By Sean Smallwood |

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 »

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Can I Find A Good Divorce Attorney On AVVO.com?

By Sean Smallwood |

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 »

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Common Mistakes Attorneys See In Divorce Cases

By Sean Smallwood |

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 »

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Rosie O’Donnell Drug Tests Before Visitation In Custody Case?

By Sean Smallwood |

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 »

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