Florida

Family Law Attorneys

Family Law

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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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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Imputation of Income

One issue that comes up often in family law cases is imputation of income for child support calculation purposes. It is often asked whether money received by family members can be considered ...
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What is Commingling of Assets?

In general, if a party commingles a non-marital asset with a marital asset, then the non-marital asset converts to a marital asset and becomes subject to equitable distribution in a divorce. One of ...
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Is Involuntary Military Separation Pay Marital Property?

On rare occasions, the US military will terminate a service member involuntarily. It rarely happens, but it is considered an honorable discharge and the service member is given a severance package. ...
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Legal Father vs. Biological Father

When a child is born during a marriage, there is a presumption of legitimacy. It is presumed that the husband of the marriage is the father is the child. This is often true even if it can be proven ...
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Therapist Client Privilege with a Child Patient

One thing that is often argued over in family law cases - both initial divorces, and post-judgment matters - is whether both parents should be able to review mental health and psychological records of ...
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Changing Beneficiaries After a Divorce

The one thing most parties forget to do after a divorce is change their estate plan. Wills, trusts, and beneficiary designations for life insurance and assets should be changed and updated after the ...
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What Will the Court do if My Child Has Special Needs?

On occasion, I am presented with a unique situation where a client has a child with special needs. The client in this situation is very concerned about the Court taking the minor child's special ...
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When Should a Court Impute Income to an Unemployed Spouse?

Imputation of income to a spouse is very fact intensive. When a court decides to impute income to a spouse, they do so on a case by case basis. Your case might be very different from another case that ...
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Splitting Student Loan Debt

There seems to be an "urban legend" in Florida divorce law that student loan debt is treated differently than other forms of marital debt. I am often surprised that many clients, as well as ...
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