While 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 Of Civil Procedure are 175 pages long and presume…
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). What’s more, I can speak and understand Spanish on the telephone. This is something very few non-native Spanish speakers…
A contested divorce can take months or even years. During that time, whether by natural causes or accident, 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 out the rules specifically under the “Death” sub-paragraph: “In…
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 a divorce is the easy part. Unpacking an entire marriage in a way that’s fair and satisfying to each party is the difficult part. When the…
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. Marital assets are strictly defined in the Florida statute “Marital assets and liabilities include: assets acquired and liabilities incurred during the marriage, individually by either spouse…
Discovery is a term that describes broadly 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 is fairly predictable. There are a few documents related to children like their report cards and…
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 and just off Pine Ridge road is a typical…
Many of my clients hire me and my staff for their family law case long before personally meeting any of us. personally. Potential clients have usually reviewed my numerous educational family law articles and then have had a quick phone consultation with me. An in-person consultation is always preferable, though. 20 minutes with a potential…
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 of affection” claiming that your spouse would still be…
What Are Text Messages? At the time of this writing, 2019, everyone communicates via text message. Text messages are electronic messages transmitted over SMS (short message service) or Internet connection. Text messages are almost always transmitted via smartphone. Text messages stay on your phone until you delete them…or do they? Text messages are like any other form of…
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 spend time with each parent. Travel In General With…
This is number 29 in my series of articles about places to take your children when you’re 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 lots of activities scheduled for the times when you are…
My Naples, Florida law firm offers free consultations. 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 lot of factors. Typically, whether a free consultation is offered by a divorce lawyer depends…
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, whether you’re divorced, separated or just have the kids…
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 child support. The more money you or the other parent make, the higher the child support owed. The more you make relative to the other parent,…
The Florida estimated child support amounts per the guidelines lists out a number for each total income of the parents. It’s as though the state of Florida is saying, “This is what it costs to raise a child at your income.” Anyone who has actually had children will look at that number and say, “kids…
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 school programs and camps. If you work a 9…
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 house every morning, spend the whole day with the child, and then return the child to your ex’s house at 9 PM and you’d be the non-primary…
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, separated or your spouse is just out of town…
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 statue immediately instructs that the courts have the power…
This is number 5 in my series of suggested activities for you and your children when you’re 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 your kids into quality time. I have been a lawyer…
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 pursuant to the details contained within the order. There…
Temporary alimony is an award of alimony that is made before the end of a divorce and and after the filing of the petition of dissolution. Temporary alimony can always be modified for whatever reason the court decides. Temporary alimony is extinguished however when the alimony award is made in the final judgment for 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 denying them marital assets and custody of their children (they just didn’t write it into the statute) Today, Florida is…
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 you’ve filed your divorce in Collier County or any…
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 town that doesn’t always make children a priority. The…
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 this happens all the time) the other party will…
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” means any form of payment to an individual, regardless…
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 a civil action in which a person over the…
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, a moderate-term marriage is a marriage having a duration…
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 not in the statute, it’s the common practice of…
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 “standard of living” when discussing alimony, Florida’s laws determine…
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 quality time. I hope these suggestions can help fill…
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 in nature or any combination of these forms of…
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 alimony.” Fla. Stat. Sec. 61.08(1) An award of alimony…
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.…And that’s the only thing positive I will say about…
Yes. 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 alimony and a lump sum award should be made only in the those instances where some special equities might require it or…
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 change of circumstances. Nethery v. Nethery, 951 So. 2d…
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 satisfy with their own income and the other party…
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 any alimony will be awarded is a quick comparison…
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 their kids so everyone can have an active and…
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 nature or any combination of these forms of alimony”…
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 a purpose unrelated to the marriage at a time…
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 valued 401k). Student loan debt is a particular issue…
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 be assigned or left in the spouse’s name whose…
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 the house will be considered marital property. Marital property will be typically be split equally (50/50) by…
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. If the two parties agree, the court merely needs to find that the agreement was not unconscionable or…
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 of assets in them that can be cashed out…
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 a back-up savings account, in that the mortgage payments…
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, not a series of exotic assets like self-owned businesses or investment properties. W2 employees typically only have two major assets: their house and their retirement accounts. Dividing…
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 and thus the property of the party who established…
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 earnings in the future. Florida divorce law says that…
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 are agreed or not as to the relocation. If…
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 a clause in the parenting agreement or act in…
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 physical harm or may be suffer from some type…
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 order stands as the law of the land and…
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 reducing custody to its fundamental parts. Allocation of parenting…
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 the child. If you are have not prepared a parenting…
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 children as you learn to parent without a partner.…
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 clearer definition of what visitation really is. Additionally, “parenting…
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 who makes the decisions child, still exist no matter…
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 child hinges on whether the parents were married or…
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 marriage of the parties is dissolved and to encourage…
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 first step in seeking any kind of custody is…
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 should be filed in Collier County, Florida. If you,…
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 bankruptcy is filed after. It’s important to understand that…
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 is absent. In these scenarios, what happens when there is a custody dispute between the natural…
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 custody per statute, “The parents jointly are the natural…
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 have to make a ruling as to who the legal father is.…
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 are the legal father in Florida (at least initially).…
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). Fla. Stat. Sec 382.013(2). Likewise, whoever puts the child’s…
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 the specifics of a contract. The next big factor…
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 is especially common in family law cases where emotions typically run high. In these situations, the…
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” which just means you don’t need some event like an affair or a physical fight in order…
What does an annulment 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 invoke the many rights available in a divorce…because the marriage never…
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 household. Yet, that status has no legal effect on its own. Most people who inquire about a…
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: 1) Loss of consortium and 2) Negligent Infliction of…
If you were married in any other state in the United States under the laws of that state, Florida will acknowledge that marriage and therefore allow you to dissolve that marriage through Florida’s laws. “Full faith and credit given to other state’s law where that law not repugnant to interest of Florida; Florida has traditionally…
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 still want to enjoy the time you have with…
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 activities that make life a little less challenging and…
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 members and friends! Whether you’re divorced or separated parenting…
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. I don’t think I know a child that doesn’t…
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 activities and skills that you can teach your children…
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 have to sacrifice quality time with your children. Quality…
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 series is a great list to peruse when you…
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 the house and interact with the world. Even in…
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 a simple thing like getting ice cream with your…
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 active way. Naples, Florida is not an especially kid-focused…
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. Hopefully, you’ll be able to use this series of…
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 or just keeping the kids busy for the day,…
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 goal is to find things that you and your…
This is number 16 in my series of articles about how to best parent when you’re 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 be divorced. You might be separated. You might just have…
This is number 15 in my series of articles about places to take your children when you’re 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 the day. Playing video games indoors is not quality time. …
This is number 14 in my series of articles about where you and your children can go in Naples, Florida when you’re parenting alone. Whether you’re divorced, separated or just have the kids for the day I hope these articles serve as a nice list for you to select from as you organize your day…
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. Every day with kids should have an organized activity…
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 your kids whether you are divorced, separated or just…
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 ever made by kids staying at home, playing video…
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, Naples, Florida. I’m not just a lawyer, I’m also…
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 friendly things in a not-so-kid-friendly city like Naples, Florida.…
