Parents who are going through a divorce often determine the custody of their child by stipulation or agreement. When this occurs, the court will generally adopt the agreement and make an order reflecting such an agreement accordingly. If there is any vagueness, with regards to the agreement, the court will interpret it in accordance to what it believes is the best interest of the child. Each provision will be scrutinized for it appropriateness and rejected if found to be inadequate. Further, in certain circumstances, a court may inquire into the wisdom of the…continue reading →
If one of the child’s parent dies, natural guardianship will then pass to the surviving parent. With this, his or her right continues even if the surviving parent later remarries. When a parent who has legal custody of a child dies, natural guardianship will again pass to the surviving parent. The surviving parent will have the right to enjoy and raise his or her child if the court does not find a compelling reason for why the surviving parent would be unfit or otherwise disabled from exercising custody.continue reading →
Courts have the power to modify a custody or support order for a minor child and may do so even though the original order was based on a contract or stipulation between the parents which is binding on them when incorporated into the final order for divorce. Further, it is not necessary for the parent moving for modification to prove a substantial change in circumstances for a court to modify the order. A court is not bound by any agreement made between the parents. If a settlement agreement is found not to be…continue reading →
Cheating is a common reason why many seek a divorce. But, does this matter in Florida? Florida is considered a no-fault state. Simply put, you do not have to prove that the other was at fault for the ending of the marriage. All that is needed is for one spouse to state that the marriage is irretrievably broken. However, courts will take into account cheating during equitable distribution and alimony. There is a presumption, in Florida, that marital assets and liabilities are to be divided equally. Though, when a spouse uses marital assets…continue reading →
In every divorce, marital assets must be identified and valued. The date of which marital assets are to be valued, to some, is one of the most important factors when distributing marital assets through equitable distribution. Marital assets may have appreciated or depreciated over the course of the marriage so it would not be wise to arbitrarily set one date for valuing all assets. Florida Statue § 61.075(7) addresses the issue as to when marital assets are to be valued. Section § 61.075(7) states in part: The date for determining the value of…continue reading →
Florida requires that one of the parties to the marriage must have resided in the state, for at least six months, before filing for divorce. Both parties have an equal right to establish residency even when they are living apart from one another. A wife’s residence does not follow that of her husband and must be determined based on the facts of each case. Compliance with this requirement must be proved in every case. Without such a showing, a court has no power to grant a divorce. Residency means actual presence within the…continue reading →
First, we must determine that you meet the requirements for an annulment. The purpose of an annulment is to declare that, because of some disability or defect that existed at the time of the marriage ceremony, a valid marriage never took place or a valid marriage relation never existed between the parties. This differs from a divorce, in that, a divorce dissolves a valid marriage that is admitted to exist. In Florida, a marriage may be annulled for any cause that has prevented the parties from contracting a valid marriage. A marriage that…continue reading →
When dealing with child custody modifications, there is a presumption in favor of the reasonableness of the original ruling. Therefore, in order for there to be a change, the degree of change in the conditions and circumstances must be of a substantial factor. Florida courts follow the substantial change test that was approved by the court in Wade vs. Hirschman. The court requires that the party seeking modification of custody must show both that (1) the circumstances have substantially and materially changed since the original custody determination and that (2) the child’s best…continue reading →
What constitutes a substantial change in circumstance? This is the crucial factor when trying to change child support payments. One has to show that the change in circumstances was significant, material, involuntary, and permanent in nature in order for a court to reduce or increase child support payments. The party seeking modification of child support payments has the burden of showing the change in circumstances. It is not the responsibility of the other spouse to do so. These requirements were set in place to ensure that a spouse’s obligation to pay is not…continue reading →
When deciding on whether or not to award alimony, Florida courts must first determine whether one spouse has a need and the other has the ability to pay. Courts want to ensure that alimony payments are as fair as possible to both parties. A court will look at several factors when determining a spouse’s need for alimony. It will examine the requesting spouse’s earning ability, age, health, education, duration of the marriage, living standard during the marriage, and the assets of the both parties. When looking to a spouse’s ability to pay, a…continue reading →
