Florida

Family Law Attorneys

Givens Givens Sparks in Tampa

Family Law

Why should I file a paternity case as a Father?

In Florida, children born during a marriage are treated different than those children who are born to an unmarried couple. Children born during an intact marriage are presumed to be the biological ...
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What does a paternity case mean as a Mother?

In Florida, children born during a marriage are treated differently than those children who are born to an unmarried couple. Children born during an intact marriage are presumed to be the biological ...
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Personal and Enterprise Goodwill

When determining the value of a marital business in a divorce, there are two forms of goodwill that require consideration in terms of determining the value of the business. The first is personal ...
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Partial Settlement Agreements, part 2

Recently, in the case of Porter v. Porter, the Second District Court of Appeal decided an issue regarding a partial settlement agreement in a family law case. In this case, the husband and wife had ...
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Alimony Reform

One of the most highly followed bills in the 2015 Florida Legislative session, (by Family Law attorneys), is regarding alimony reform. Currently (as of April 28, 2015), there are similar, but ...
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Partial Settlement Agreements, part 1

At some point in almost every divorce case, you and your spouse will attend a settlement or mediation conference. The purpose of attending such a conference is to settle the case and avoid the expense ...
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What can I expect at a mediation conference?

Mediation conferences happen in almost every single family law case in Florida, both in initial case and post-judgment cases (those re-opened for a modification). Mediation conferences usually take ...
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What happens if my spouse moved out of state with our children BEFORE the divorce?

Most people who have been through a divorce in Florida are familiar with the word relocation – moving more than 50 miles with your children once a divorce case is pending or has been completed. ...
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The Dos and Don'ts of Prenups

When it comes to prenuptial agreements, tread lightly. Givens Givens Sparks explains some common pitfalls to avoid. People in the U.S. are waiting longer on average to get married. Marrying later in ...
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A Contentious Divorce Often Follows a Contentious Marriage

Many people who have found themselves in a highly contentious or even abusive marriage should prepare themselves for the likely reality of a contentious divorce. If you have a highly contentious ...
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Who Can File a Paternity Suit? And Why Would You Need To?

Our Tampa family lawyers explain who can file paternity actions and when that type of proceeding might be necessary. In Florida, anyone can file a paternity suit – men and women. In many cases, ...
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Conscious Uncoupling vs. Divorce. What's the Difference?

While emotions can make dissolving a marriage sloppy, it doesn’t have to be that way. The term “conscious uncoupling” was coined to describe the smarter, less painful way to dissolve ...
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Florida Couples Released from "Wed-Lock"

Last Tuesday, a federal judge in Florida overturned the state's ban on same sex marriage, enabling Floridians to pursue same sex divorce as well. Because divorces between same sex couples are now ...
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Privacy in a Family Law Case?

Family court case files are considered public records and are generally made available and accessible to the public. In family law cases involving property division or support, parties are required by ...
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Parenting Plans

In a contested custody case, where a trial judge does not believe that either parent's proposed parenting plan is in the best interest of the child, should the trial judge have discretion to ...
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Not So Fast - The Wrong Way to Relocate from Florida with a Child

Florida Statutes 61.13001 outlines the steps needed for one parent to relocate from Florida with a minor child. Because of the large change to all involved, this statue has specific steps and ...
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Too Much Durational Alimony?

One of the "newest" forms of alimony in Florida is "durational" alimony. While it is one of the newest forms of alimony, the durational alimony law has been in place since July 1, ...
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Putative Father Registry

In Florida, when a child is born out of wedlock (the parents are not married at the time of birth) the mother is presumed to be the "natural guardian" of the child. The effect of this ...
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Modifying Non-Modifiable Alimony

Marital settlement agreements frequently contain provisions regarding alimony. Great care must be taken in drafting alimony agreements as the number of payments, amount of the payment, and conditions ...
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Marital Settlement Agreements

Most family law cases are resolved by settlement between the parties, and not at trial. This settlement, whether done at an informal conference, or at a formal mediation conference, results in an ...
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Agreeing to Overpay Child Support

In family law cases involving children, the issue of child support is always raised. The amount of child support owed from one parent to the other is determined by section 61.30 of the Florida ...
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The Importance of a Well Written Pleading

When a pleading is filed it must contain a factual statement that support a legally recognized claim. For example, to modify a timesharing and parenting agreement or order in a family law case, you ...
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Must a Judge Order Holiday Time Sharing?

A recent case from the Second District Court of Appeals addressed whether it is mandatory to include holiday time sharing in a court ordered parenting plan. In Mills v. Mills, the trial court did not ...
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What Does "Temporary Custody by Extended Family" Mean?

In situations where a parent is unable to care for their child, often due to criminal, financial or substance abuse issues, a member of the child's extended family may petition the court to be ...
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The Importance of Timesharing Schedules

Most people who have to experience a divorce involving children first-hand hope that their case will be simple, that they will be able to get along with their former spouse once the case is over, and ...
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Have a Question?

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