Recent Blog Posts
Courts Can Deny Custody To A Biological Father If Their Child Was Born In An Intact Marriage
TL;DR Courts prioritize the child’s best interests. They order or consider DNA tests only when it helps decide what is best for the child. A DNA result by itself does not replace a legal father. Marriage to the mother at birth and an established parenting role carry strong legal weight. Case example. John Slowinski… Read More »
How to Avoid Conflict Over Children’s Medical Treatment After Divorce
TL;DR Key distinction: emergencies get immediate care by the adult present. Non-emergency treatment requires shared decision making per the parenting plan. Parenting plan must assign final say on medical decisions and outline how parents will consult doctors, share records, and resolve disagreements. Emergencies include fractures, concussions, deep cuts, severe allergic reactions, poison ingestion, animal… Read More »
Four Ways to Make Dealing with an Impossible Ex-Spouse More Bearable
TL;DR Goal is low contact, child centered co parenting that protects your sanity and the kids. Parenting coordinators can mediate when you cannot agree on a parenting plan. Many have clinical training and must be certified. Parallel parenting keeps boundaries firm. Each parent runs their own household rules, uses brief written handoffs, and minimizes… Read More »
Where is the Dividing Line Between Marital Debt and Marital Misconduct?
TL;DR In Florida, debts incurred during the marriage are usually marital debts and get split using equitable distribution, unless a valid prenup says otherwise. Separate property stays separate if kept separate. Typical examples are inheritances or personal injury awards that are not commingled. Student loans taken during the marriage are generally marital debt even… Read More »
Can the Court Require Your Ex to Pay Alimony If You Were Never Legally Married?
TL;DR Florida does not recognize alimony for unmarried partners. No domestic partnership rights for support even after long cohabitation. You can leave assets by will or co-own property, but those are not spousal rights and do not create support obligations. Palimony is not a recognized path in Florida. Children change the picture. Parents must… Read More »
Parker v. Parker, Paternity Fraud, and the Meaning of Fatherhood in Florida
TL;DR Parker v. Parker shows that legal fatherhood can persist even when DNA says otherwise if the father waited too long to contest. Richard Parker was ordered to keep paying child support despite a DNA test because he did not challenge paternity within one year and had continued acting as the father. Florida presumptions…. Read More »
Facing Divorce With An Autistic Child or Child With Autism Spectrum Disorder (ASD) in Florida
TL;DR Best interests rule: courts prioritize consistent therapies, school supports, and medical advice for ASD. Evidence that matters: diagnosis documents, provider notes, and a clear history of attending appointments. Get involved now: show up for therapy, IEP or school meetings, and medical visits to strengthen both care and your case. Handle meltdowns calmly: use… Read More »
Myths and Facts About Foster Care in Florida Family Law
TL;DR Foster care looks different for each family. Outcomes range from short stays to adoption, and many kids reunify with birth parents. Many children live with relatives, not strangers. In early 2019, about 13,449 were with relatives vs. 10,227 in licensed foster homes. Permanency varies. Of children entering care in 2017, 39.6 percent reached… Read More »
Should I Use A Guardian Ad Litem In My Florida Divorce?
TL;DR A guardian ad litem can help when parents sharply disagree about custody choices like schooling, childcare, discipline, or schedules. In Florida the guardian ad litem is a trained volunteer who represents the child’s best interests, similar in spirit to the child having an advocate. The same volunteer usually stays on the case unless… Read More »
How To Remove Spouse’s Name From Loans In Divorce Cases
What To Do In Divorce Litigation if You Have Property Financed In Both Names TL;DR If both spouses are on a loan, a judge usually cannot just remove one name unless the remaining borrower can qualify to refinance alone. Common co-borrowed items include homes, cars, boats, and mobile homes. Lenders look at income, credit,… Read More »
Can I reconcile before my divorce is final
TL;DR Many divorce attorneys, including the author, encourage clients to try marriage counseling before finalizing a divorce. The odds of reconciliation are often higher than people realize, and small changes or counseling could resolve many marital issues. Common causes of divorce, such as financial disagreements, parenting conflicts, and addiction, can often be addressed through… Read More »
Top 8 BEST Divorce Lawyers in Orlando, FL
Compare Orlando Divorce Attorney Reviews and Ratings Over the years, we’ve been asked, “Who are the best divorce lawyers in Florida?” While our family law firm consistently ranks among the top in Orlando, we understand that no one lawyer is the perfect fit for every situation. Orlando has a diverse legal landscape, that boasts… Read More »
Adventures in Alimony: Tales from Florida Case Law
TL;DR Alimony is awarded based on the financial partnership during marriage, considering factors like age, work ability, and marriage length. Florida courts rarely award permanent alimony to spouses under 50 or with marriages under 20 years. Alimony types include rehabilitative, permanent, and bridge-the-gap, with amounts varying based on individual circumstances. Famous Florida cases show… Read More »
Divorce and Porn Addiction
On this page: Considering Divorcing a Porn Addict? Recognizing the Effects of Porn Addiction and Divorce What Do I Do if My Partner Is Addicted to Porn? Ready to Speak with a Divorce Attorney? What Our Clients Say TL;DR Porn addiction is a growing cause of divorce, with studies showing it plays a significant… Read More »
What To Do If Your Spouse Empties The Bank Account In A Florida Divorce
TL;DR It’s common for one spouse to remove money from a joint bank account during a divorce, but there are rules around it. Taking half of a marital account is generally allowed if the person fears the other might take all the funds. Removing all money from a joint account can lead to legal… Read More »
5 Orlando Divorce Statistics You Never Knew
TL;DR Orlando has a divorce rate of over 13%, which is higher than the national average of 10%. Several Florida cities, including Orlando, rank high for divorce rates, with Panama City at the top. From 2010 to 2013, most Florida cities saw an increase in divorce rates, except for Tampa. Orlando has a significant… Read More »
Advice to Give To A Friend Going Through Divorce
TL;DR Encourage your friend to consider marriage counseling if both spouses are willing to save the marriage. Advise them to speak with a divorce attorney early to avoid complications and understand the legal process. Suggest they know where their money is and be aware of joint accounts to avoid financial surprises. Remind them to… Read More »
How Do Hurricanes Impact Florida Parenting Plans and Custody Agreements?
TL;DR Safety first: if a hurricane makes exchange unsafe, shelter or evacuate—parenting plans prioritize the child’s best interests. Check your plan for “act of God” provisions (hurricanes, severe weather) and follow required notice/communication steps. If communication breaks down, involve your attorney to document decisions and serve as an intermediary. If your plan lacks disaster… Read More »
Use of The Psychological Evaluation In Divorce
TL;DR Psychological evaluations in divorce are often used in custody disputes to assess a parent’s mental health. Attorneys must request a court order for the evaluation, which outlines costs, evaluator choice, and timelines. Lawyers may try to agree on terms before seeking a judge’s decision. False or exaggerated claims can backfire if evaluations favor… Read More »
Do I Have To Pay Alimony If My Spouse Commits Adultery?
TL;DR In Florida, adultery is a factor courts can consider in alimony decisions, but judges rarely give it much weight. Alimony is based more on financial need, ability to pay, marriage length, lifestyle, and other statutory factors. Cheating typically does not affect whether alimony is awarded. Longer marriages, especially over 16 years, carry a… Read More »
What Can I Do If My Ex Is Not Paying/Refuses To Pay Child Support?
TL;DR If your ex refuses to pay child support, you have legal options like wage garnishment, property seizure, and license suspension. Courts can use enforcement actions under the Child Support Enforcement Act of 1984 and may impose jail time as a last resort. Parents can request a modification of child support if their financial… Read More »
Do You Have to Keep Paying Child Support if Your Child Moves Out of the Other Parent’s House?
TL;DR In Florida, child support obligations can change if your child moves out of the other parent’s home or becomes emancipated (turns 18 or lives independently by agreement). Other valid reasons for modification include major income changes, decreased childcare costs, or changes in the custodial parent’s income. Parents must file a Supplemental Petition for… Read More »
Can I Set Aside a Divorce Settlement Agreement?
TL;DR Courts are reluctant to set aside divorce settlement agreements unless there are serious issues like fraud, misrepresentation, coercion, or major changes in circumstances. Agreements can sometimes be vacated before final judgment if they no longer serve a child’s best interest or financial situations shift significantly. After final judgment, setting aside an agreement is… Read More »
Will money I make from Uber driving affect child support
TL;DR Income from gig work like Uber driving is considered when calculating child support in Florida. All earnings, including part-time and self-employment income, must be reported accurately to avoid legal issues. Failing to disclose extra income can lead to penalties or support adjustments later. Accurate reporting ensures fair child support arrangements for both parents…. Read More »
Why Won’t She Allow Me To Be There For The Birth Of Our Child?
TL;DR Unmarried fathers do not automatically have legal rights at birth and must petition the court for paternity. Labor and delivery are intensely private, emotional, and vulnerable experiences, so mothers often have the final say on who is present. Forcing a mother to allow an ex in the delivery room would violate her privacy… Read More »
The Evolution of Alimony
TL;DR Historically, alimony was almost always awarded to women for life, reflecting limited job opportunities and gender roles. Since the 1970s, spousal support has become gender-neutral and typically temporary, aimed at helping a spouse become self-sufficient. Lifetime alimony is now rare, reserved for cases like disability or long-term dependency. Courts consider marriage length, finances,… Read More »
Divorce Issues Caused By Mother in Law
TL;DR Mother-in-law interference is a common cause of marital strain and even divorce. Unrealistic expectations and lack of emotional boundaries can fuel tension. Couples should address issues as a united team and communicate openly. Therapy and setting clear boundaries with extended family can prevent divorce. If separation becomes necessary, consulting a divorce attorney is… Read More »
What Does Child Support Credit Mean and What are the Different Types Of Credit For Child Support
TL;DR Child support credit can reduce payment obligations if you’ve paid support before a court order or meet other qualifying factors. Tax credits, such as the child tax credit, affect income calculations and final support amounts. Health insurance payments for yourself or your child can count toward credits, lowering support obligations. Payments for older… Read More »
How Much Does A Divorce Cost in Florida?
TL;DR Divorce costs in Florida vary widely, with most retainers ranging between $2,500 and $5,500 through mediation; trial prep often requires additional fees. Billing structures include flat-fee retainers, non-refundable retainers, and refundable trust deposits, each with pros and cons. Attorney skill and strategy matter more than price; cooperation between parties greatly reduces costs. High… Read More »
5 Ways to Look at Father’s Rights in Florida
TL;DR Florida law provides several ways for fathers to establish paternity and legal rights, including court assignments and voluntary acknowledgment. If married, the husband is automatically the legal father unless a DNA test proves otherwise within a year of divorce. Fathers can sign a Voluntary Acknowledgment of Paternity form to establish legal paternity, but… Read More »