Category: Florida BAR article
-
Supervised Visitation Progams in Florida: A Cause for Optimism, a Call for Caution
When parents are fighting and one is not allowed to see the kids, it can be hard to figure out what to do. In Florida, there are places where a neutral person can help the visit go smoothly. These places are called supervised visitation centers. They are helpful, but they are not a long-term solution.…
-
Bifurcation of dissolution of marriage actions Part Two
In Florida, the law says that a court can dissolve a marriage if it finds that it’s irretrievably broken. But just because one party says the marriage is broken doesn’t mean the court can immediately dissolve it. A case called Hyman v. Hyman set the precedent that a court can dissolve the marriage but still…
-
Bifurcation of Dissolution of Marriage Actions Part One
Family law can be tricky for lawyers, especially when it comes to “bifurcation” of a divorce. This creates a lot of potential problems for both the lawyer and their client. This article will be in two parts: the first part talks about the practical and legal effects of bifurcation, and the second part, coming in…
-
Appealing Administrative Action: The Threshold Considerations
Administrative agency decision appeals differ from regular appeals. Before deciding to appeal, it’s important to check if you have the right to appeal. You can appeal if the agency’s decision has directly affected you and if the decision is final. The decision to appeal should be carefully considered, taking into account the facts, laws, and…
-
Redefining Professionalism? Florida’s Code Mandating the Aspirational Raises Challenging Questions
Florida recently created a new set of rules for lawyers to follow called the professionalism code. This code makes it mandatory for lawyers to act professionally, rather than just encouraging it. The Florida Supreme Court approved these rules because they believe the old methods of encouraging professionalism were not working. The code gives the Florida…
-
Top 10 Things You Should Know Before You Run for Public Office
Many lawyers consider running for public office because they are often in positions of power in the government. But before deciding to run, there are important things to consider. Before a candidate can accept money or spend it for their campaign, they need to fill out a form appointing their campaign treasurer and designating a…
-
The New Constitutional Cabinet Florida’s Four
The Florida Cabinet system has been around for a long time and has gone through some changes over the years. It was originally created to help the governor with their duties. The governor and three other officials make up the cabinet. While some things have changed, the overall function of the cabinet remains the same.…
-
Florida’s Cabinet System: Y2K and Beyond
The structure of Florida’s Cabinet will change in 2003, reducing the number of Cabinet officers. The Cabinet is unique in the US and has specific powers and duties under the constitution. Many powers and duties have been assigned to them by the legislature. Before Governor Lawton Chiles eliminated many state government rules, most agencies, boards,…
-
Constitution Revision Commissions Avoid Logrolling, Don’t They?
The process of revising a constitution is complex and has evolved over time. In Florida, the Constitution Revision Commission was created in 1968 to propose changes to the state constitution. These proposals can be put on the ballot for the public to vote on in a general election. The interaction between the commission’s authority and…
-
Family Violence: A Report on the State of the Research
Family court judges make important decisions in family violence cases every day, but they often don’t have access to the latest research on family violence. This research could help them make better decisions and find more effective solutions. There is a gap between researchers and the people who work in the court system, and this…
-
Bridge-the-Gap Alimony: An Emerging Vehicle for Satisfying Short-Term Need
Bridge-the-gap alimony is a tool used by lawyers in Florida to help their clients with short-term financial needs after a divorce. It was first mentioned in a court case in 1979, where a husband was ordered to pay his wife alimony for a short period to help her transition to being single. Another court case…
-
Child Support Myths and Truths: Exploring the Assumptions Underlying Florida’s Statutory Guidelines
The myth that Florida’s child support guidelines were based on an economic analysis of divorced families in the state is not true. In fact, the guideline table and amounts were developed by a federal agency and were based on a study of intact families, not divorced ones. The study used data from households where both…
-
Determining the Best Interest of the Child: The Resolution of Name Disputes in Paternity Actions
When parents can’t agree on a child’s name, it can cause legal problems. In Florida, the law states that both parents should decide on the child’s name, but if they can’t agree, there are guidelines to follow. This applies to both last names and first names. The “best interest of the child” standard is also…
-
A Seven-Step Analysis of Equitable Distribution in Florida Part 1: Classification and Valuation of Marital Property
In a divorce case in Florida, the court has to divide the things the couple owns. First, they decide which things were bought or owed before a certain date (like the day they got married) and which were bought or owed after that date. Then, they figure out the value of everything. After that, they…
-
Family Law Fees The High Points and the Current State of the Law
Understanding how fees are awarded in family law cases is an important and evolving issue. While the starting point is always the financial need and ability to pay, there are many nuances in the law that can make a difference. Mastering these nuances can help lawyers better advocate for their clients in fee award disputes…
-
Parental Alienation Syndrome: How to Detect It and What to Do About It
Parental alienation syndrome (PAS) is when one parent turns a child against the other parent during a divorce. It’s often hard to prove in court because it involves a lot of accusations and counter accusations. In this article, we’ll talk about four specific signs of PAS that can help identify it in a court case.…
-
A Serious Penalty for Perjury
Florida courts can punish people who lie under oath in court with serious consequences, even if the President is in trouble for the same thing. A recent case, Cox v. Burke, shows how harsh the punishments can be. The court can dismiss a case if someone lies under oath (commits perjury) and it’s really bad.…
-
Distinguishing Legitimacy from Paternity: Has Legitimacy Become a Label Without Substance Under Flo
Findlaw was sued by Attorneys In Motion for stealing their website design. The court said Findlaw was guilty and had to pay the other company for damages. Recent Florida court decisions show that paternity and legitimacy are now seen as separate concepts. Legitimacy used to be strongly tied to being born during a marriage, but…
-
Domestic Relations Provisions of the IRS Restructuring and Reform Act of 1998
The IRS Restructuring and Reform Act of 1998 changed the rules for married couples who file joint tax returns. Before the changes, both spouses could be held responsible for the full amount of taxes owed, even if one spouse was not aware of the mistake. The new law allows one spouse to limit their liability…
-
Child Testimony
Testifying in a divorce case can be stressful, but some judges don’t allow the parties to testify. Some judges also don’t allow children to testify, even if they are the ones most affected by the court’s decisions. This can make it harder for the court to hear important information, like if a child is in…
-
Domestic Violence: Why the Florida Legislature Must Do More to Protect the Silent Victims
A nurse and a doctor at a busy hospital saw a woman who was hit in the eye and is seeing flashing lights. The doctor didn’t mention the hit or the person who hit her, and just said she had a face injury and high blood pressure. The doctor didn’t ask about any abuse the…
-
Step Two in Any Divorce Proceeding: See an Estate Planning Attorney
After filing for divorce, it’s important for the client spouse to meet with an estate planning attorney. This is because the client spouse’s goals and wishes for their estate may have changed during the divorce, and their existing estate planning documents may need to be revised. For example, if they previously planned to leave everything…
-
Evidentiary Trends in Domestic Violence
Domestic violence is a big problem in society and many states are changing their laws to make it easier to prosecute these crimes. Different states have different rules for admitting evidence in domestic violence cases. This article looks at how various states deal with this issue. In domestic violence cases, victims often refuse to testify…
-
Religious Freedom v. Parental Responsibility Determinations
As more couples with different religious beliefs get divorced, the issue of how to raise their children in terms of religion becomes more common. Should the parents’ religious beliefs be considered when deciding who the children live with most of the time? What happens if the parents disagree on how to raise the kids religiously?…