Common Law Marriage in Florida
Florida used to be a big, rural and empty state. Folks would propose, have a little ceremony and just start living together. Not everyone would go down to the courthouse to register their marriage. These relationships were referred to as common law marriages in Florida. Common
How Do I Get Custody Of A Child That is Not My Biological Child In Naples, Florida?
In Florida, there are four ways to get custody of a child that is not your own: 1) Adoption, 2) Appointment of a Guardian, 3) Intervention by the State Department of Children and Families in a dependency action, and 4) Temporary custody under Chapter 751. The
Exclusive Possession Of The Marital Home In A Florida Divorce
There is no official law regarding changing the locks or keeping the house during a Florida divorce. The issue of whether one person has the right to change the locks during a divorce depends on who has exclusive possession of the marital home. Both parties to
The Florida Divorce Court Process From Start To Finish
Most of my previous articles describe how Florida law is applied in a divorce case. It is very difficult to describe accurately how the law is applied and when. Below, I outline the entire Florida divorce court process in summary. The actual Florida Family Law Rules
Cohabitation And Alimony In Florida
Almost every Florida divorce has the possibility of an alimony award from one spouse to the other. “In a proceeding for dissolution of marriage, the court may grant alimony to either party.” Fla. Stat. Sec. 61.08(1) Alimony is awarded in a Florida divorce “[i]f the court
Cohabitation Agreements In Florida
People are getting married less and less often in Florida. That doesn’t mean that people are not getting into relations where they rely on each other’s mutual promises, however. A relationship can be whatever you want it to be under Florida law and you can enforce
Bonus Income And Child Support In Florida
In Florida, each party’s income determines what child support is owed by or paid to each party. Not everyone receives the same salary every two weeks or even every year. High performing employees are rewarded by their employers with additional bonus income at irregular times during
In Florida, Can I Sue The Person Who Stole My Husband or Wife From Me?
In Florida, you used to be able to sue a seducer or seductress who your husband or wife ran away with. Before 1945, there were all sorts of ways you could sue the new person in your spouse’s life. You could file a suit for “alienation
When There’s No Court Order, Who Has Custody Of The Child In Naples, Florida.
In Florida, Before there’s been a filing in the courts, there is no official piece of paper you can point to that establishes who makes decisions for the child and who the child should be spending time with. The automatic determination of the custody of a
Can My Husband Or Wife See My Text Messages?
A million questions swirl in the mind of the soon to be divorced. What will happen to my kids? What will happen to my retirement money? And, perhaps more immediately, can my husband or wife see my text messages? Don’t let these questions overwhelm you. Reach
Will My Children Have To Testify in My Naples, Florida Divorce?
When two parties divorce and those two parties have children the whole family getting divorced. Because of this reality, the children should be given special consideration and considered merely another object to be negotiated between the husband and wife. In fact, the children are likely to
Uncontested Divorce in Naples, Florida
Uncontested divorce in Naples, Florida is not only possible, it is easily achieved under the right circumstances. Many divorces share two things in common: 1) they parties agree that they should divorce, 2) The parties agree as to what should happen after their divorce. Agreeing to
How Do I Deny Paternity In Naples, Florida?
In Florida, to deny paternity you must be found to the be the father or at least accused of being the father. Typically, paternity is established merely by the parties being married. If you are married to a woman and the woman has a baby, you
How Do I Legally Change A Child’s Name In Naples, Florida?
In most states, the birth certificated is just a formality with no legal control. In Florida, the birth certificate is a big deal. Listing the father on the birth certificates can make that man the legal father automatically, (but this can be undone by court order).
How Does My Age Affect My Naples, Florida Divorce?
Elderly or grey divorces are becoming more and more common. Age can be a factor in Florida divorces insofar as it impacts alimony. In Florida people over age 65 have an extra right to speedy trial (for presumably morbid reasons). “Civil actions involving elderly parties; speedy trial.—In
How Do I Determine My Income or My Spouse’s Income In My Naples, Florida Divorce?
Whether it’s determining alimony or determining child support in a Naples, Florida divorce, income is the biggest factor in determining either of those obligations. The Florida statute goes into great specifics about what shall be considered income for the purposes of child support or alimony. “Income”
Can My Spouse Pay My Attorney’s Fees During A Florida Divorce
You are going to have to pay your divorce lawyer something for them to start working on your Florida divorce. If you do not have sufficient money to pay your attorney beyond your initial retainer (and you cannot or will not settle) you can ask a
Temporary Child Support In A Florida Divorce
When two parents get divorced in Florida, one parent inevitably leaves the house and the kids. Those kids still need food, clothing and shelter. The parent who has left has an obligation to support their children. The parent who has the kids does not need to
Florida Child Support After Age 18
Child support is money owed by one parent to the other parent for the purpose of supporting the child that the other parent is caring for. “In a proceeding under this chapter [DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING], the court may at any time order either or
My Spouse Is Pretending He/She Doesn’t Make Any Money To Avoid Paying Alimony. What can I do in the Naples, Florida courts to stop this?
Divorce is hard. In fact, it’s devastating. While some people distract themselves by throwing themselves into their work, others let their work suffer while they go through the divorce process. So, your spouse may indeed be reflecting this life change in his or her financial situation.…
Bigamy And Divorce In Florida
Bigamy and divorce in Florida. How does bigamy affect a divorce under Florida law?
Temporary Alimony In A Florida Divorce
When a divorce is filed in Florida, one party usually moves away. One household becomes two households. But, there is usually only one or two incomes available to support those two households. If one spouse was making the majority of the income, this means that the
What Are Grandparents’ Rights In Naples, Florida?
What are a Grandparent’s rights in Florida? For hundreds of thousands of years, children have relationships with other adults beyond their immediate parents: aunts, uncles, close friends and, of course, grandparents. Often grandparents become a “third parent” or more sadly the “second parent” if one parent
How Does Child Support Work in Naples, Florida?
Whether you are in the midst of divorce or were never married, Florida state law controls how child support works in Naples, Florida. Florida Statute Section 61.13(1) allows the court to enter child support orders and provides some guidelines of what child support orders must include. The
What Documents Do You Need to Give your Florida Divorce Lawyer to Prepare a Prenuptial Agreement in Florida?
You’ve just gotten engaged or you are thinking seriously about marriage and getting married. A prenuptial agreement in Florida may be the last thing on your mind right now but, if it is, you need to know what documents you’ll need to give a Florida lawyer
What Do I Bring To A Consultation With A Divorce Lawyer?
A consultation with a divorce lawyer is an intimidating thing. It’s tough to know what to expect and even harder to know what to bring to a consultation with a divorce lawyer. Many of my clients hire me and my staff for their family law case
Can I Get An Annulment In Florida?
What does an annulment in Florida really mean? Black’s Law Dictionary defines an annulment as “when an event or judgment is treated as if it never happened” So, an annulment makes a marriage disappear as though it never existed. This means you or your spouse cannot
Inheritance and Divorce in Florida
A married couple will rarely receive an inheritance together. More typically, one spouse will receive an inheritance via a bequest individually, i.e. “to my loving daughter” What happens to this inherited property after a Florida divorce? Marital Property vs. Non-Marital Property in Florida The Florida statutes
Florida vs. Illinois Divorce Laws
Divorce is handled by state law. If you are under the jurisdiction of a state by that own state’s rules you CAN get divorced in that state. That doesn’t mean you MUST get divorced in that state. Theoretically, it’s possible to get divorced in one of
What Is Child Custody In Naples, Florida?
What does “Child Custody” mean in Naples, Florida? From a very broad perspective, the Natural Guardians statute in Florida governs what people think of as custody, or at least how custody is initially determined in Florida. If you are married to your spouse you have joint
If I Was Married In Another State Can I Still Get Divorced In Naples, Florida?
People often think where you got married matters in a divorce. As though different marriages are handed out in different states and countries and can only be divorced there. When it comes to divorce, it does not matter where you got married. If you were married
I Was Served With Divorce Papers in Naples, Collier County, Florida. What Do I Do?
Getting served with divorce papers is a dramatic event. A stranger comes to your home or work asks your name and then hands you divorce papers. Whether you knew you were going to get divorced or not, getting served divorce papers is not the most delicate
How Do You Get Legally Separated In Naples, Florida?
How do you get legally separated in Florida? In short, you cannot get legally separated in Florida. Some states have a special legal status called “legal separation” but Florida does not. Separation in Florida simply means a married couple that does not live in the same
What Is Required In A Petition For Modification Of Custody/Parenting Time In Naples, Florida?
In Naples, Florida, to modify an existing order that lays out the parenting time and/or custody of a child, it depends on what the circumstances are. There are three possible circumstances and I go into each below. Emergency Modification. If the child may be subject to
Who Pays For College Expenses In A Florida Divorce?
Raising kids is expensive. Daycare can often cost more than a mortgage but it’s nothing compared to the expense of putting a child through college. Usually families sit around the kitchen table and figure out how they’re going to pay for college where mom, dad and
What Are The Grounds For Divorce In Florida?
What are the grounds for Divorce in Florida? Before 1971 there were all sorts of grounds for divorce in Florida: Adultery, Cruelty, Violence, Desertion, etc. Then the “no-fault” statute was passed that we live with today. Most states have a similar concept of “no fault divorce”
Gifts and Divorce In Florida
In a Florida divorce all of the assets at the time of the divorce can be classified as either marital or non-marital for the purposes of dividing those assets. The question is what happens with gifts and divorce in Florida? Marital assets are strictly defined in
My Child and I Live In Naples, Florida But I Want To Move. How Can I Move With My Child?
In Florida, whether you have a parenting agreement or not, you cannot move with the child without signing some kind of written document. It may be a written agreement or it may be a court order. The type of document necessary depends on whether the parents
My Spouse Got An Injury Settlement in Naples, Florida. Is The Money From That Lawsuit A Marital Asset?
In Florida, property that was earned during the marriage is, by default, marital property and will be split, most of the time, 50/50 between the two parties. Many settlements, however, aren’t to reflect money earned in the marriage but rather are to make up for lost
Mi Experiencia Siendo un Abogado Que Habla Espanol en Naples Florida
En los Estados Unidos la población que habla español esta incrementándose significativamente. Nos encontramos en una era donde el ser bilingüe en este país es algo muy común y esencial. Algo interesante es que el español es hablado de manera oficial o cooficial en 20 países
Traveling With Children After a Naples, Florida Divorce
In Florida, by the end of a divorce the court is required to enter a parenting plan that governs all the details of how the parents are to manage being parents post-divorce. This includes when the children spend time with each parent and where the children
What Happens If My Spouse Dies During A Florida Divorce?
A contested divorce can take months or even years. During that time, whether by natural causes or injury, one of the parties may pass away. What happens to an ongoing divorce when a husband or wife dies? The Florida Family Law Rules of Civil Procedure lay
Divorce Attorneys in Naples FL with Free Consultations
Naples, Florida lawyers with free consultations are rare but I am one of them. Many other divorce lawyers in Naples do not offer free consultations. Whether offering a free consultation is a signal for the quality (or lack thereof) of a divorce lawyer depends on a
Bonita Springs, Florida Divorce Lawyer
Southwest Florida is an area that is typically considered to encompass Collier, Lee and Charlotte Counties. If you live in one of these counties and you file for divorce, you must file your divorce in that particular county. However, that does not mean you have to
Legal Resources
Often times I am asked for a referral for lawyers out of state. Because of this, I collect a list of reputable lawyers I know of. If you’re a lawyer who’d like to be included on this list, please let me know. Chicago Bankruptcy Attorney Denver Probate
Parenting Alone in Naples, Florida # 9 Whiz Kids Play Zone and Party Place
This is number 9 in my series of articles listing places to take kids when you have them for the day. Whether you’re divorced, separated or just need a place to go, I hope these articles can give you the options you need to do kid
Reverse Mortgages and Divorce in Naples, Florida
Reverse mortgages are a unique, government sponsored, FHA insured financial product that can be extremely useful in a divorce. Oftentimes, divorces are caused by extreme financial stress. One party is constantly starting businesses, losing the business, gambling or spending every available dollar. The marital home becomes
Being a Spanish Speaking Lawyer in Naples Florida
I have an English first and last name, I’m 6’2” and I certainly don’t look Spanish. So, people are surprised when I speak Spanish naturally with a pretty good accent (if I do say so myself). Being a Spanish speaking lawyer in Naples, Florida has been
Parenting Alone in Naples, Florida # 10 Chipmunks Indoor Party
This is number 10 in my series of articles describing places to go with kids when you have your children alone for the day. Whether you’re divorced, separated or just need an activity, these articles can give you the options you need in the not-so-kid-friendly city,
Parenting Alone in Naples, Florida # 11: Inplay Family Fun.
This is number 11 in my series of articles about places to take your children when you have them alone. You may be divorced, separated or just have the kids for the weekend. The important thing is that you have an activity scheduled. No memories were
Parenting Alone in Naples # 12: Gymnastics World
This is number 12 in my series of things to do with your children in Naples, Florida. Naples is a city that is beautiful and safe but it is not designed for kids. Hopefully, these articles will provide a short list of things to do with
Parenting Alone In Naples, Florida Alone # 13: Collier County Library Headquarters
This is number 13 in my series of where and how to parent alone in Naples, Florida. Whether you are divorced, separated or just have your child for the weekend, I hope this list can serve as a quick guide of places to fill the day.
Parenting Alone in Naples # 14: The Naples Zoo
This is number 14 in my series of articles about where you and your children can go in Naples, Florida when you are parenting alone. Whether you’re divorced, separated or just have the kids for the day I hope these articles serve as a nice list
Parenting Alone in Naples, Florida # 15 The Conservancy of Southwest Florida Nature Center.
This is number 15 in my series of articles about places to take your children when you are parenting alone. You might be divorced. You might be separated. You might just have the kids for the weekend. No matter what you need constructive activities to fill
Parenting Alone In Naples, Florida # 16: Academy of Martial Arts Naples
This is number 16 in my series of articles about how to best parent when you are parenting alone in in Naples, Florida. My hope is that these locations will provide you with productive and fun activities when you are with your kids alone. You might
Parenting Alone in Naples, Florida #17: Naples Lionel Train Museum
This is number 17 in my series of articles that are committed to finding the perfect kid friendly activities to do and fun places to be as a single parent in the city of Naples, Florida. Divorced? Separated? Taking some time with your children alone? My
Parenting Alone in Naples # 31: Dog Parks
This is number 31 in my series of articles of things to do in Naples when you’re parenting alone. When you’re not able to be with your children full time you still feel the need to care for…something. Usually a dog can help fill that void
Parenting Alone in Naples, FL # 32: The Fair
This is number 32 in my series of articles about places to take your kids if you are parenting alone in Naples, Florida. Whether you are divorced or separated your children will always be your priority and greatest joy. This means finding fun things to do
Parenting Alone in Naples, Florida # 18: Koreshan State Park
This is number 18 in my series of places to parent alone in Naples, Florida. Keeping children active and engaged is not just a good way to break up the day. It’s also a way to make quality time and memories. Whether you are divorced, separated
Parenting Alone In Naples, Florida # 18: Flamingo Island
This is # 18 in my series of articles about places to take your kids while you have them for the day. You might be divorced or you might be separated but you still need spend time with your kids in a constructive and fun way.
Parenting Alone In Naples, Florida # 19: Lee County Posse Arena
This is # 19 in my series of articles about the many places you can take your kids while parenting alone. Whether you are divorced, separated or just have your kids for the day you should be spending time with your kids in a constructive and
Parenting Alone In Naples, Florida # 20: Ice Cream
This is # 20 in my series of articles about the various locations you can take your children while parenting alone. Whether you are divorced, separated or just have your kids alone for the day you will need to get out of the house even for
Parenting Alone In Naples, Florida # 21: The Everglades
This is # 21 in my list of blog essays about the various places you can take your kids when you’re parenting alone. If you’re parenting alone because you are divorced, separated or just have your kids for the weekend it’s important to get out of
Parenting Alone in Naples, Florida # 22: Naples Botanical Garden
This is number 22 in my series of articles that are written to help you find the perfect things to do that are fun for both you and your children in Naples, Florida. Whether you’re divorced or you just have your kids for the day but this
Parenting Alone in Naples, Florida # 23: Wooten’s Everglades Airboat Tours
This is number 23 in my series of articles that provide Naples, Florida single parents a guide in order to help find new and exciting activities to do with their kids in and around Naples, Florida. Divorce and separation are hard but it doesn’t mean you
Parenting Alone In Naples FL # 24: Naples Cyclery
This is the twenty-fourth in my series about parenting alone in Naples, Florida. Whether you are divorced or separated you can still spend quality time with your children. Spending quality time with your children doesn’t always have to mean taking them to places. There are many fun
Parenting Alone in Naples, FL # 25: Estero River Outfitters
This is the 25th in the series of how to parent alone in Naples, Florida. Whether you are divorced or separated, it can be a challenge to parent alone. Therefore, I hope this article will bring you a day of fun, nature-filled adventures with your child.
Parenting Alone in Naples, FL # 26: Naples Trolley Tours
This is the 26th in my series about parenting alone in Naples, Florida. I hope this article will bring you a fun day with your child while teaching them about the place they call home, Naples, Florida. This activity can also be shared with other family
Parenting In Naples, FL Alone # 27: Headpinz
This is number 27 in my series of articles on places where you can take your children when you are a single parent. If you’re divorced or separated, being a parent can be a challenge. I hope that this article can bring you a day full of
Parenting Alone In Naples, FL # 28: Shopping
This is the number 28 in my series of articles about where you can take your children as single parents. During your divorce or separation, you will have your children for a few days and you may need to complete a couple of errands but will
Can I File For Custody Of My Children In Naples, Florida?
You might live in Florida. Your ex might live in Florida. Your children might live in Florida. If all of you live in Florida, any case regarding the children can be filed and pursued in Florida. If the children live in Naples, Florida then the case
How Do I Get Sole Custody Of My Child in Naples, Florida?
Child custody or child time-sharing policy in the state of Florida stems essentially from this part of the statue: “It is the public policy of this state that each minor child has a frequent and continuing contact with both parents after the parents separate or the
My Husband Or Wife Got Injured In Naples, Florida. What Are My Rights?
If your husband or spouse has an accident in Naples, Florida due to a third party’s actions you may have a claim against that third party even though the accident didn’t happen directly to you. There are two bases under which you can file a claim:
How Does Mediation Work In Naples, Florida?
How does divorce mediation work in Florida? The point of going to court is to have a judge resolve a dispute between two parties. Often, the issues at stake are so textured and interrelated that it would not be worth the court’s time to resolve. This
How Do Prenuptial Agreements Work in Naples, Florida?
The first thing to understand is that a prenuptial agreement is a contract. It is largely governed by the same contract law that controls a contract to fix a car, sell custom jewelry or any other agreement where you both promise to do something later to
How Do I Establish Paternity In Naples, Florida?
To establish paternity in Florida, If a married woman has a baby the husband becomes the legal father and is put on the birth certificate pursuant to Fla. Stat. Sec 382.013(2). If the husband is not the father and anyone contests that fact, a court will
How Does A Bankruptcy Effect A Naples, FL Divorce?
If you or your spouse have filed for bankruptcy and then you or your spouse file for divorce in Naples, Collier County, Florida, you’ll need to know how each action affects the other. This is also true if the divorce is filed first and then the
What Is Child Custody In Naples, Florida?
In Florida, child custody is a difficult concept. The law was changed in 2008 so what we used to refer to as “child custody” is now referred to as parenting time and parenting responsibilities. The concept of custody, who gets to see the child when and
How Does Visitation Work In Naples, Florida?
In years past, visitation was the term Florida law used to describe the time spent with the parent who was not awarded custody. Since 2008, there is no “visitation” in Florida’s domestic relations law. The new law instead calls visitation “parenting time” which is both a
Parenting In Naples, Florida # 1: Sun N’ Fun
Parenting in Naples, Florida is a series I’m starting to suggest things to do with kids that one parent can do with them. Whether you’re separated, going through a divorce or divorced it can be a challenge to be as active as you should with your
I Am Being Denied Visitation With My Child In Naples, Florida. What Can I Do?
Visitation or, as it’s called now under the 2008 Florida statute, parenting time is determined by the two parents entering into a parenting agreement or the court ordering a parenting schedule. The parenting agreement or parenting schedule will outline the time you will spend with your
How Is Child Custody Determined in Naples, Florida?
In 2008 the Florida legislature abolished the concept of child custody in favor of the twin concepts of allocation of parenting time and allocation of decisional authority. Fla. Stat. Sec. 61.13. This eliminated the victory of gaining full custody and the taboo of losing custody by
How Do I Modify Child Custody in Naples, Florida?
A Florida court initially awards child custody based on the agreement of the parties and/or the best interest interests of the child. The appropriate court for a child living in Naples, Florida will be the Collier County courthouse. After the final custody order is entered, the
My Ex Isn’t Following Orders, What Can I Do In Naples, Florida Courts?
Parenting agreements are documents which are frozen in time. The children grow up. The parties get into new relationships. The ups and downs of life are almost always completely unanticipated by the parenting agreement. So, it’s inevitable that one of the parties will eventually stop following
I Own A Business In Naples, Florida And Am Getting A Divorce. What Will Happen?
In a Florida divorce, a business is considered an asset and like all assets in a divorce, it must be ascertained whether that business is a marital or non-marital asset. If the business was established before the marriage, the asset is likely to be considered non-marital
What Will Happen To My Retirement Plan, IRA or 410k In My Naples, Florida Divorce?
Florida divorce lawyers often refer to the typical client as a “W2 employee.” This is the type of person whose income is derived from working for someone else, and not having series of exotic assets like self-owned businesses or investment properties. W2 employees typically only have
What Will Happen To My Pension In My Naples, Florida Divorce?
Pensions are typically referred to as defined benefit retirement plans as they provide a guaranteed income according to a specific formula after retirement. Defined benefit retirement plans are differentiated from defined contribution plans like 401ks, 403(b), and IRAs. Defined contribution plans have an actual number value
How Are Assets Divided In A Naples, Florida Divorce?
How are assets divided in a Naples, Florida divorce? 95% of divorces in Naples, Florida are settled via negotiations. The Collier County Court may help at times refine and eliminate issues via temporary orders but most final decisions regarding a divorce are done so by agreement.
Who Keeps The House In A Naples, Florida Divorce?
To answer the question “who keeps the house in a Florida divorce?”, the time of the purchase of the house will often determine who keeps the marital home. If the house is purchased after the marriage with funds that either party earned after the marriage then
What Is Marital Property In Naples, Florida?
In a Florida divorce, a couples’ assets and liabilities will be totaled and categorized as either being marital or non-marital. Once property is identified as marital the courts will find that, upon divorce, the property should be divided equally. Fla. Stat. Sec. 61.075(1). Non-marital property shall
Who Is Responsible For Student Loan Debt In A Naples, Florida Divorce?
Assets typically get split 50/50 in a divorce. Debts (the opposite of an asset) also get split 50/50. More typically, the assets get split up in such a manner that the assets are allotted to each party (Mom gets the house and dad gets the equally
What Is Dissipation Of Assets In a Naples, Florida, Divorce?
Dissipation Of Assets is the phrase Florida courts use to describe wasteful, concealing, or other non-marital expenditure of what was previously a marital asset. Courts make a finding of dissipation of assets when “one spouse use[d] martial funds for his or her own benefit and for
What Is Alimony In A Naples, Florida Divorce?
In Florida, alimony is first governed by the alimony statute which immediately informs us that there are numerous kinds of alimony. “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in
Parenting In Naples # 2. Cambier Park.
This is the second installment in my series of suggestions for parents who are now parenting without a partner. Parenting is hard and it’s even harder when you’re doing it alone. So, I’ve prepared an in-depth list of activities the Naples, Florida parent can do with
My Spouse Makes Good Money. Do I Still Have To Pay Him or Her Alimony In My Naples, Florida Divorce?
The Florida statute grants divorce courts broad discretion in awarding alimony. Case law, however, curtails that broad discretion so that a more reasonable and consistent level of alimony can be estimated by family lawyers and applied by family law judges. The first step in determining whether
How Much Alimony Will I Have To Pay Or Will I Receive In My Naples, Florida Divorce?
In a Florida divorce, the first question to ask is whether alimony will be awarded at all? This is determined through he need and ability test which I outlined in a previous article. If a party is determined to have “needs” which he or she cannot
In Naples, Florida, Is Permanent Alimony Really Permanent?
In a Florida divorce, permanent alimony is a fixed, recurring payment that lasts indefinitely. Permanent alimony can only be changed via 1) death of either party, 2) remarriage of the alimony-receiver or 3) after a court decision that alimony should be modified based on a substantial
Can I Pay or Get My Alimony All At Once in Naples, Florida?
Yes, you can get all of your alimony at once in a Florida divorce. The Florida statute even used to authorize until in 1949, Yandell v. Yandell, 39 So. 2d 554 (Fla. 1949) said that it is “ordinarily the better practice…to direct periodic payments of permanent
My Spouse Refuses To Work In My Naples, Florida Divorce. What Do I Do?
When calculating alimony the courts first test is to compare the party’s need with the other party’s ability to pay. Both of these amounts are largely determined by the parties’ incomes. When one of the parties has a drastic change in income during the divorce proceedings (and
Parenting in Naples # 4: The Beach
This is number four in my series “Parenting in Naples” where I make suggestions of places to parent alone. Whether you’re divorced, separated or just have the kids for the weekend, I hope my recommendations help you and your children enjoy some quality time in a
Where Do You Get Divorced In Naples, Florida?
Your divorce starts in whatever county court the Petition for Dissolution of Marriage. If you and your spouse live in Naples, Florida, you will almost always be filing in the Collier County Courthouse. Where you got married does not effect where you file for divorce. If
What Is Rehabilitative Alimony in Naples, Florida?
The Florida statutes outline the different types of alimony available to a spouse. “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of
What Is “Bridge The Gap” Alimony in Naples, Florida?
Florida law allows for alimony but the ordered alimony must fall into one (or many) of the classifications laid out in the statute “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent
Parenting In Naples # 3: Audubon Corkscrew Swamp Sanctuary.
This is part 3 of my series of how to enjoy parenting time when parenting alone in Naples, Florida. Whether you’re divorced, separated or just have the kids for the weekend, healthy, constructive activities with your children is how you turn your quantity of time into
How Does Standard Of Living Effect Alimony In My Naples, Florida Divorce?
Common knowledge of how divorce works is usually picked up in bits and pieces from pop culture, almost all of which comes out of California television studios. In reality, there are 50 states with their own individual divorce laws. So, while television shows have long mentioned
How Do You Determine The Ability To Pay Alimony In A Naples, Florida Divorce?
There are a series of tests to determine if alimony should be awarded in a Florida divorce and, if awarded, what should the amount of alimony be. The first test is to determine if the parties have the same incomes and assets. While this test is
How Long Does Alimony Last In A Naples, Florida Divorce?
The primary factor that Florida courts consider in determining the length of an alimony award is the length of the marriage. “For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years,
How Does Adultery Affect My Naples, Florida Divorce?
Adultery and Divorce unfortunately often go together in a Florida divorce. In the old days of Florida’s past, proof of adultery both allowed for a divorce and barred the adulterer from ever requesting alimony. Presumably, the courts exercised broad discretion back then and punished adulterers by
How Do I Modify My Alimony after my Naples, Florida Divorce?
Alimony is the support awarded to a husband or wife simply because they were your husband or wife. This ongoing support ties you to your ex-spouse for years after a divorce but alimony is rarely permanent. How do I modify my alimony after my Florida divorce?
My Husband or Wife Stopped Paying Alimony in My Naples, Florida Divorce. What Do I Do?
After an order for alimony is entered by the court, it is enforceable by Florida courts. It does not matter whether the order was temporary or final. If an order was entered by the court with due notice given to the obligor, it must be followed
Parenting in Naples # 5 Golisano Children’s Museum of Naples
This is number 5 in my series of suggested activities for you and your children when you are parenting alone. Whether you’re divorced, separated or just have the kids for the day, I hope some of these suggestions will allow you to turn your time with
Parenting in Naples # 6: Bounce Trampoline Sports
This is the sixth in my series of where and how to parent alone in Naples, Florida. Naples is not the world’s most kid-friendly city but me and my kids have been finding stuff to do and we’d like to share our discoveries. Whether you’re divorced,
If My Child Spends More Time With Me, Will I Pay Less Child Support In My Naples, Florida Divorce?
The amount of time a child spends with each parent can impact the child support each parent pays. When Florida courts consider how much time a child spends with a parent, they only really count overnights. You could literally pick your child up from your ex’s
Parenting in Naples # 7: Full S.T.E.A.M. Ahead
This is the seventh in my series of parenting tips exclusive to Naples, Florida parents. Typically, I suggest an activity that a single, perhaps divorced, parent can do with their kids that’s engaging, safe and fun. This time, I’m recommending an educational facility that does after
My Ex Won’t Work And Pay The Child Support He/She Should? What Are My Options In Naples, Florida?
When the other parent doesn’t pay child support or even have a job what are your options? Child support and payment of the child’s expenses are determined by calculating the net income of both parents and inputting the total net income into this chart to determine
Russell Knight Completes The National Family Law Trial Institute’s Regular Program
This past week, I spent 8 days in Houston, Texas, at the annual National Family Law Trial Institute‘s Regular Program. This was not a conference where you attend a few lectures and then spend the rest of the day at happy hour. It was 9 to 10
Parenting Alone in Naples, Florida # 8: Swamp Buggy Races.
This number eight in my series of articles of things you can do with your children in Naples, Florida. Naples is not famous for being a child-friendly city but if you’ll peruse my various articles you’ll find plenty of things to do with your kids. So,
Parenting Alone in Naples # 30: Shy Wolf Sanctuary
This is the 30th edition of my series of articles describing things to do with children in the Naples, Florida area. If you’re going through a divorce, it’s important that your priority remains your children and that means arranging fun, educational activities. Just east of 951
Enforcing or Breaking a Prenuptial Agreement in Florida
The Florida Statute Chapter 61 governs divorce. The Florida statute says what property gets divided and how in a Florida divorce. The statute also says who pays who and what amount. You don’t have to follow the Florida statute, though, if you’ve entered into a prenuptial
Cheap Divorce Lawyer Naples FL
The average person knows what happens in a divorce. Two parties’ assets get divided 50/50 and one party’s income may even be divided by two, as well, via alimony. The end result of divorce, is therefore, very expensive. So, it is in the best interest of
Parenting Alone in Naples, FL # 29: Eagles Lakes Community Park
This is number 29 in my series of articles about places to take your children when you are parenting alone in Naples, Florida. Whether you’ve been divorced or you are separated, if you have children, you will always remain a parent. Being a parent means having
Law Office Of Russell Knight Welcomes New Associate Attorney, Dustin Sedor
After almost a year of clerking for the Law Office of Russell Knight, Dustin Sedor has joined our ranks as an associate attorney. Here’s Dustin introducing himself: My name is Dustin Sedor, and I was born in Upstate New York, specifically, Auburn, New York. Auburn is
Who Pays For The Children’s Expenses in a Naples, Florida Divorce?
Kids are expensive. It’s hard enough, financially, to raise a child when you’re married but who pays for the children’s expenses in a Naples, Florida divorce? The Florida estimated child support amounts per the guidelines lists out a number for each total income of the parents.
Parenting Alone In Naples # 33: Mini Golf
This is number 33 in my series of articles where I focus on kid-friendly activities in a not-so-kid-friendly town, Naples, Florida. If you are divorced, separated or just have the kids for the day, I hope these articles can be a handy, informative list of things
How Do You File An Emergency Motion In A Naples, Florida, Collier County Divorce or Family Law Matter?
In a divorce or family law matter, things come up all of a sudden that often require the courts immediate attention. To get a Collier County, Florida court to address these sudden matters you must file an emergency motion in order to have the judge hear
What Is Discovery In A Naples, Florida Divorce?
When discussing discovery in a Florida divorce we use the term “discovery” to describe the exchange of documents necessary for the parties in a case to be fully informed as to all the relevant facts in the case. In a Florida divorce, the exchange of documents
