Florida

Family Law Attorneys

Givens Givens Sparks in Tampa

Family Law

Givens Givens Sparks' Chris Codling Featured on NBC 8's "On Your Side"

Our very own Chris Codling was featured on NBC 8’s segment titled “ On Your Side.” Codling is representing a homeowner who experienced property damage due to a sink hole. Homeowners ...
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Alimony for Adultery in Florida?

Florida is often referred to as a no fault divorce state. The lack of a requirement to prove fault when getting a divorce in Florida is generally thought of as contributing to a shorter divorce case. ...
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Will my spouse have to pay for my attorney's fees?

Florida Statutes 61.16 authorizes that from time to time, one party may have to pay for the attorney's fees of the other party. This statute requires the court to consider the financial resources ...
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A Child's Surname and What it Means to Have Their Best Interest

In the US, children often take on their father’s surname. The patronymic tradition prevails through society, stemming from past egalitarian ideals. However, these ideals become complicated for ...
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Am I Entitled to My Spouse's Retirement Account?

Retirement accounts are one marital asset that people going through a family law case do not realize is marital. Retirement accounts are always listed in one party's name alone. Often, these ...
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Can a Nonmarital Asset become Marital?

What happens when one spouse comes to the marriage with a nonmarital asset, and then that asset increases in value? Does it become a marital asset? The court in Herrera v. Herrera, 895 So.2s 1171, ...
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Am I entitled to property owned in my spouse's name?

The answer to the question posed in the title to this post depends on when the property was acquired. If an asset was acquired during the marriage, it is the marital property of both parties, ...
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Dissipation of Assets

In divorce cases there is a concept called “dissipation.” Dissipation is essentially depletion of a marital asset by “misconduct.” If a party in a family law case is found to ...
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Jailing children in a divorce case?

In probably the craziest divorce order I have ever seen, family law Judge Lisa Gorcyca, of Oakland County, Michigan, jailed three children who refused to visit with their father during their ...
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Audio Recordings

Frequently I will have family law clients ask me whether they can legally make and use in court an audio recording of another party for use in legal proceedings. The short answer to this question is ...
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Top Social Media Pitfalls to Avoid During Divorce

Going through a divorce? Social media may be the last place you want to be spending your time. Here are the top social media pitfalls to avoid while going through a divorce. After handling hundreds of ...
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Can I Lower My Child Support Payments?

The child support order that once was workable may no longer be feasible. If your circumstances have changed, you may be able to petition for a modification to lower your child support payments. You ...
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What happens when a written order is different from what the Judge said in court or doesn't have any specific findings?

Recently, the First District Court of Appeal had to decide a case involving a written order that was different from the oral order the judge made at the end of the trial. In the case of Schmidt v. ...
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Where can I get a divorce involving children?

A common concern with families who travel or move frequently for work, like military families, is where they can get a divorce involving children. The answer to this question depends on a few factors, ...
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How long does income have to be decreased before alimony can be modified?

In Florida, some types of alimony are modifiable by petitioning the court. Modification cannot take place just because one person wants to either pay less or receive more, but instead must occur after ...
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How is income calculated for child support?

Child Support in Florida family law cases is calculated based upon a formula established by our statutes. This formula considers, among other things, the income of both parents. Section 61.30 of the ...
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Dividing a Military Pension in Divorce

Members of the military and their spouses face unique challenges and opportunities in divorce. One of the chief questions many divorcing military spouses have is “How will military pension be ...
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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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