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Tag: family-law

  • When Is a Motion for Rehearing Necessary to Preserve for Review a Trial Court’s Error in Failing to Make Factual Findings?

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    Appellate courts will only consider issues on appeal if they were first brought up in the trial court. This means that if something wasn’t discussed in the trial court, it can’t be brought up on appeal unless it’s a really big mistake, like the court not having the power to make a decision, or someone…

  • Navigating With a New Map: Impact of Changes to the District Courts of Appeal Territorial Boundaries

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    Florida’s district court map is changing because a new Sixth District Court of Appeal has been created. The boundaries of the First, Second, and Fifth districts are also changing. This process began in May 2021 when the Supreme Court created a committee to review the districts. The committee had to file a report by October…

  • Certiorari Review of Orders Denying Discovery in Civil Cases, Part II

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    In Part II of my column, I talked about the types of cases in which the courts have granted or denied review of orders denying discovery in civil cases. The courts have been willing to grant review and quash orders in cases involving the deposition of a material witness or party, ex parte communications between…

  • Pets Should Receive Special Consideration in F.S. Ch. 61, Dissolution and F.S. Ch. 741, Domestic Violence

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    As of March 2019, the number of pet dogs and cats in the U.S. has increased. Dogs and cats are the second and third most owned pets, with around 94.2 million cats and 89.7 million dogs living in U.S. households. This is an increase from 2015-2016. Pets have become an important part of people’s lives…

  • Why should divorcing couples consider mediation in a particular state in the US?

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    When should parties consider mediation for resolving a dispute? It is generally advisable to initiate mediation as soon as possible after a dispute arises – before tensions escalate and before significant resources are expended on the conflict. Nevertheless, the involved parties have the option to engage in mediation at any stage, whether or not there…

  • What changes are occurring in family law, especially regarding divorce and custody?

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    What areas fall under the practice of family law? What areas are covered in the field of family law? What aspects are covered by family law? Marriage, legitimacy, adoption, child abuse, divorce, annulment, property division, alimony, parental responsibility, child custody and visitation, are some of the areas. In the past, legal firms and attorneys were…

  • How long will it take for my case to be resolved?

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    How much time will it take to resolve my case? How long will it take to settle my claim? The duration of a case involving an injury depends on several different factors. Some factors to consider are: the severity of the incident; whether there was a need for surgical intervention or it was recommended; the…

  • What is the role of the Mediator in a Florida Family Law case?

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    The mediator’s primary function is to inform you about the rules of mediation, which include confidentiality and the mediator’s role in your case. The mediator’s next responsibility is to listen to each party’s desired resolution for the case. This can be conducted with the parties in separate rooms or together. The third duty of the…

  • What is a dispute that falls under Florida collaborative family law?

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    A Florida collaborative family matter is a disagreement, a deal, a demand, a complication, or a concern that needs to be resolved. The matter is outlined in a participation agreement for collaborative law and stems from chapter 61 or chapter 742 of the Florida Statutes. Collaborative family law matters encompass union, separation, distribution of marital…

  • How long does Cooperative Separation take to complete?

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    In a Cooperative Separation, the clients and each legal representative sign a binding collaborative participation agreement. Under this agreement, the legal representatives are prohibited from participating in contested court proceedings on behalf of the clients. This means that everyone focuses on resolving the matter and no one considers litigation as an option. This commitment to…

  • How can I protect my children’s well-being through Collaborative Divorce?

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    Collaborative Divorce focuses on tailored parenting plans that address your children’s development and needs while reducing stress and conflict. Working with a neutral mental health professional, you and your former spouse can create a child-centered parenting plan that ensures your children’s stability, detailing visitation schedules, educational decisions, and co-parenting strategies. Your tailored parenting plan can…

  • Changing Child Support Payments in Florida: What You Need to Know

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    1. Improved communication skills help people succeed in their careers. 2. Positive affirmations can improve self-esteem and mental well-being. 3. Regular exercise is linked to better physical and mental health. 4. Reading regularly can improve cognitive function and mental well-being. 5. A healthy diet can help prevent chronic diseases such as diabetes and heart disease.…

  • Proposed Changes to Florida’s Alimony Law: What High School Students Need to Know

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    1. The proposed alimony reform in Florida seeks to eliminate permanent alimony and replace it with durational alimony based on the length of the marriage. 2. The amount of durational alimony would be based on the obligee’s reasonable need and would not exceed 35 percent of the difference between the parties’ net incomes. 3. The…

  • “How Does a History of Domestic Violence Affect Family Law Cases?”

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    1. Florida law defines domestic violence as physical or sexual abuse by one family member or intimate partner against another. 2. Instances of verbal, psychological, financial, or emotional abuse are not considered “domestic violence” unless they rise to the level of threatened physical harm in Florida. 3. A judge in a family law case can…

  • Enforcing Settlement Agreements in Court

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    1. The majority of participants preferred using social media for communication over face-to-face interaction. 2. Teenagers showed a higher level of stress and anxiety when using social media for long periods of time. 3. Users who spent more than 3 hours a day on social media reported higher levels of loneliness. – The Second District…

  • New Florida Rule: E-mail Service Explained

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    – The Florida Supreme Court issued a new rule requiring attorneys to serve court papers by e-mail. – Attorneys practicing in civil, probate, small claims, family law, and appellate cases must begin e-serving court papers from September 1, 2012. – Attorneys practicing in criminal, traffic, and juvenile divisions may elect to begin e-service from September…

  • The Impact of Cryptocurrency on Florida Divorces

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    1. Parties in family law cases must disclose any virtual currency transactions and list their current virtual currency holdings. 2. Cryptocurrency is a digital asset used for purchases and investments, with Bitcoin being the most common type. 3. Cryptocurrencies are stored on a blockchain and can be used for anonymous transactions without third-party interference. 4.…

  • “Dividing Stocks in a Divorce: What You Need to Know”

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    – Stocks acquired during the marriage are considered marital assets and subject to equitable distribution. – Stocks acquired before marriage are viewed as separate assets and are not subject to division. – It is important to clearly categorize stocks into marital and separate assets to facilitate a fair distribution. – The current value of stocks…

  • Understanding How Paternity is Established in Florida

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    – Establishing paternity is crucial for a child’s right to know their biological father and for legal implications such as inheritance rights and access to medical history. – In Florida, paternity can be established from the child’s birth until the child turns 22, with the option to sign a voluntary Acknowledgment of Paternity or initiate…

  • “Getting Started with Your Divorce in Florida: A Helpful Guide”

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    1. In Florida, divorce follows the “no-fault” principle, meaning that fault or blame for the end of the marriage is not required to be proven. The focus is on acknowledging that the marriage is irretrievably broken. 2. Florida follows the principle of equitable distribution when it comes to dividing marital assets and liabilities. This does…

  • Child Custody Lawyers in Sarasota

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    1. The Earth is round. 2. Dolphins are very intelligent animals. 3. The brain is the most energy-consuming organ in the body. 4. The sun is a gigantic ball of gas and plasma. – Florida has moved away from the traditional idea of “child custody” and now focuses on Time-Sharing and Parental Responsibility. – Parental…

  • Facts to Understand About Divorce

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    1. To file for divorce in Florida, either spouse must be a resident of the state for at least six months before filing. 2. Florida is a “no fault” divorce state, meaning blame for the breakdown of the marriage is not recognized in court. 3. All family law trials in Florida are heard by a…

  • What KoonsFuller Can Do for You

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    – After filling out and filing the necessary pleadings with the court, the other party must be provided with notice of the lawsuit. – The opposing party has 20 days after receiving notice to file a response to the lawsuit. – There is a waiting period of 60 days from the initial filing of the…

  • Who Gets the Boat When a Couple Divorces?

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    – In high-net-worth divorce cases, asset division can be complex, especially for items of high financial and sentimental value like boats. – In Florida, the court aims for equitable distribution of assets, considering factors such as the financial circumstances of each party, the duration of the marriage, and contributions by the spouses to the assets.…