Tag: family-law
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Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law
Mediation is a way to resolve family disputes, but sometimes it doesn’t work if people are too upset or unwilling to compromise. In these cases, another process called “med-arb” can be used. This is when mediation and arbitration (or trial resolution) are combined to help families reach a resolution more efficiently and less expensively. It’s…
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Estate Planning Issues in a Divorce Situation II: An Update and Standing Orders
In 2012, Ms. Brunner wrote an article in a journal about the rights of married couples in the process of getting a divorce and after the divorce is finalized. The article discusses how automatic orders in divorce cases may give more rights to the spouse who files for divorce than to the spouse in a…
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Blueprint for a More Effective Family Court Intake Process and Beyond: Opening the Umbrella to Process Family Court Cases
The Florida family court system is working on improving the way they handle cases involving families. A task force was created in 2017 to come up with better ways to help people navigate the court system. They looked at what other places are doing, did some research, and got input from people who work in…
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Like Home: The New Definition of Habitual Residence
The Wizard of Oz story about Dorothy clicking her ruby slippers to go home is kind of like how lawyers are trying to help kids who have been taken to a different country by a parent. But it’s not easy, because different courts have different rules about when a child is considered to be living…
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Mental-Health Issues in Florida Family Law, Part 2
In the second part of this series, we are discussing whether a person’s mental health issues are relevant to a family law case. In simple terms, this means that if a person’s mental health affects their ability to earn money or take care of a child, it may be important in a family law case.…
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Mental-Health Issues in Florida Family Law, Part 1
Mental health plays a big role in family law cases. It’s important for the well-being of both parents and children. The U.S. Department of Health and Human Services defines mental health as how we think, feel, and act, and how we handle stress and relate to others. It’s important at every stage of life. Sometimes…
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Ending Permanent Periodic Alimony: A Crisis for Enforcing Equitable Distribution Waiting to Happen
The Florida Legislature is trying to end permanent periodic alimony, which could affect how assets are divided in a divorce. This includes things like retirement plans and bonuses from work. The courts have made decisions that make this issue more complicated, and the legislature is trying to find a solution. After a divorce, there can…
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The Issues Under Florida Law Relating to Personal Goodwill in a Dissolution of Marriage, Part II
In Florida, there’s a law about how to divide property when a couple gets divorced. One issue is how to divide the value of a business or one spouse’s share of a business. It’s been hard for lawyers and experts because they can’t use certain evidence to figure out the value of any personal goodwill…
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Goodwill Hunting for Equity: The Florida Supreme Court’s Unintended Result of the Thompson Case, Part I
In Florida, when a married couple’s business is being divided in a divorce, the court has to figure out how much of the business’s value is considered marital property. They don’t count the value of the business that comes from one spouse’s reputation or skills, because that’s called “personal goodwill” and it’s not included in…
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The Collaborative Law Process Rules: This Is How We Do It
In May 2017, the Florida Supreme Court made new rules for how lawyers work with clients in family law cases. These rules go along with a new law called the Florida Collaborative Law Process Act. The new rules and law started in July 2017 and will change how lawyers handle family law cases in Florida.…
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Putting a Milking Stool Behind a Horse Does Not Make it a Cow: Accountants’ Charging and Retaining Liense in Florida
In family law, lawyers often try to secure payment of their fees by filing notices of charging liens. This is common practice. However, it’s unusual for an accountant to do the same thing. Recently, an accountant involved in a family law case filed a motion claiming they have a right to be paid. This was…
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Unbowed, Unbent, Unbroken: An Update on Grandparent Visitation
Grandparents in Florida have been fighting for the right to visit their grandchildren for a long time. The state’s government branches, like the legislature and the courts, have been arguing over whether or not grandparents should have this right. Recently, the Florida Supreme Court made a decision that allows grandparents from out of state to…
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Appellate Standards of Review in Criminal Matters, Part 2
The appellate standard of review is how a higher court reviews the actions of a lower court, like a judge or jury. This article explains the standard of review for different criminal cases, like theft or assault. It’s a companion to another article about civil and family law cases. For different issues in a criminal…
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Attorneys’ Fees on Appeal: Basic Rules and New Requirements
Learning about attorneys’ fees on appeal is important because the rules have changed recently. Some courts are stricter about following the rules, and there are new opportunities for fee recovery. It’s important to know that fees must be requested during the appeal by filing a separate motion with the appellate court and serving it within…
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Review of Nonfinal Orders ââ¬â An Exception to the Requirement of Finality
In Florida, you usually can’t appeal a court decision until it’s final. This helps keep things organized and avoids having a lot of separate appeals. There are some exceptions, like if the court made a big mistake in the decision. You also have to figure out if the decision is something you can appeal or…
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The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool
Appellate mediation is a way to resolve a dispute after a court ruling, saving time and resources. It educates parties about the appellate process and helps manage their expectations. It also shows that appealing a decision is challenging and can be risky. It can be a valuable tool in settling a dispute. Appellate mediation can…
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We’re Back: The Appellate Court Said You Didn’t Find Anything
Trial attorneys work hard to prevent appeals in divorce cases, as they can be emotionally and financially draining. One common reason for appeals is the lack of detailed findings in the final judgment. The court has emphasized the importance of paying close attention to the details in divorce cases to avoid unnecessary appeals and expenses.…
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The Debate Continues on Whether to Remand Family Law Cases with Inadequate Findings
In 2001, the Third District Court of Appeal decided a case called Broadfoot v. Broadfoot, where they said that in family law cases, you can’t complain about a judge not making factual findings unless you asked the judge to do so first. Then in 2004, the Fifth District followed this rule in a case called…
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Fee Simple: A Procedural Primer on Appellate Attorneys’ Fees and Costs
If an attorney wants to ask for money for their work on an appeal, they have to follow specific rules and make a separate request to the court. They need to give a good reason for why they should get paid, like a contract or a law that says they can. They also need to…
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Appealing Post-Judgment Orders: The Path to Appellate Review Under the New Rule 9.130(a)(4)
In 2014, the Florida Supreme Court made a change to the rules for appealing court orders. Before this change, a wide range of orders could be appealed after a final decision in a case. But now, it might be harder to appeal these types of orders. This change could affect many different types of cases,…
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Should Family Pets Receive Special Consideration in Divorce?
When couples adopt a pet, they make a commitment to care for it for life. Many people see their pets as part of the family and feel responsible for their well-being, similar to how parents feel about their children. But legally, pets are considered personal property that can be bought, sold, or given away. When…
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Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders
This article talks about the differences in jurisdiction between district courts, Florida Supreme Court, and circuit courts, especially when it comes to reviewing non-final orders from county courts. It’s important for attorneys to understand these differences when seeking review of decisions. The District Courts of Appeal and Circuit Courts have the power to review decisions…
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Raise Your Standards: A Practitioner’s Guide to the Effective Use of Appellate Standards of Review
It’s important for people involved in a legal case to understand the standard of review that will be used when their case goes to an appeals court. This standard of review determines how much the appeals court will consider the lower court’s decision. There are three categories of decisions that a trial court can make:…
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Restraining Justice: How Florida Can Better Aid Pro Se Survivors of Domestic Violence with Appeals of Injunction for Protection Cases
Lawyers have a special license to practice law, but they also have a duty to provide legal help to those who can’t afford it. Domestic violence is a big problem in Florida, with a lot of cases going unreported. Many survivors of domestic violence don’t have the money to hire a lawyer to help them…