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...

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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....

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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...

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The Florida Divorce Court Process From Start To Finish

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...

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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 a personal and...

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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 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...

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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...

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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 the...

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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 is...

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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...

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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 long before personally...

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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?  What Are Text Messages? At the time of this writing,...

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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 spend time...

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Divorce Attorneys in Naples FL with Free Consultations

My 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...

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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, whether you’re...

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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...

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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, separated or your...

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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...

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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...

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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....

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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 town...

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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...

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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...

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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,...

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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...

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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 alimony...

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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...

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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...

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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,...

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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....

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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 the...

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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. If the two parties agree, the court...

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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...

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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...

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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...

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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 children as you learn...

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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...

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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 who makes the...

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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...

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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 should be filed...

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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 bankruptcy is filed...

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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...

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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...

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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 have to make a...

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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 are the legal father in...

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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 the specifics...

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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 is especially...

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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...

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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...

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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...

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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 still want to enjoy the...

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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 activities that make life a...

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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 members and...

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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....

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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 the house and...

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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 a simple thing like getting...

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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.  Hopefully, you’ll be able to use this...

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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 for you to select from...

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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 your kids whether you are...

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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 with your...

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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 for you on the days when you...

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