Category Archives: Family
How Orlando Divorce Attorneys Charge For Representation During Divorce?
The cost of your divorce is dependent on several factors. Highly contested and complicated divorces tend to cost more than divorces that are settled in mediation. Generally speaking, the more disputes require resolution, the more likely it is that your divorce will cost more money. The trick to keeping your costs low is to… Read More »
Appeals Court Determines That Trial Court Erred In Disestablishing Paternity For Father
In Florida, paternity can be established in numerous ways. If a woman gives birth to a child while she is married, the husband is established as the legal father of the child. If the father is named on the child’s birth certificate, then that individual is considered the legal father of the child. In… Read More »
Appeals Court Denies Relocation Of Father With Child
Those who want to relocate with a child are required to petition the court for permission first if a parenting plan is already in place. The standard of whether or not the court will grant the petition relies entirely on the best interests of the child. If the relocation is in the best interests… Read More »
Appeals Court Hears Case On Equitable Distribution Of Marital Property
Each state has its own rules on how property and debts are divided once a marriage is dissolved. Some states, like California, are considered “community property” states. In these states, the marital estate is simply divided in half with each party receiving 50% of its assets and liabilities. Florida does not work like that…. Read More »
Florida Man Successfully Appeals Domestic Violence Injunction
In the case of McGuire v. Boscan, the appellee, Ms. Boscan, had a domestic violence order of protection entered against the defendant for two incidents that occurred in 2017. Mr. McGuire appealed a final judgment of injunction for protection against domestic violence without minor children entered against him on behalf of Ms. Boscan, his… Read More »
Establishing Paternity In Florida
There are several ways to establish paternity in Florida. The simplest way is when you are married to a woman who is giving birth to the child. In Florida, there is a legal presumption that a husband is the legal father of a child born during the marriage. But what if you’re not married?… Read More »
Former Wife Files Motion For Contempt Based On Failure To Pay Alimony
Recent changes to the law have done away with permanent alimony. Today, a former spouse is only entitled to durational alimony which is calculated based on the length of the marriage. However, the appeals courts are still hearing cases concerning permanent alimony for agreements that were entered into prior to the law change. In… Read More »
Appeals Court Hears Case Considering Husband’s Petition To End Durational Alimony
Alimony is awarded in many Florida divorce cases. Generally, the spouse receiving alimony must show a genuine need for spousal support and the party paying alimony must have the ability to make the payments. The size and duration of the alimony payments are generally based on the length of the marriage. In one case,… Read More »
Appeals Court Considers Whether Former Wife Should Be Entitled To Attorney’s Fees
In some divorce lawsuits, the court will require one party to pay the other’s legal fees. Courts don’t generally do this, but in some cases, a party to a divorce may petition the court to award compensation for their legal expenses. The party requesting legal fees must establish that they can’t afford to pay… Read More »
What Is The “Best Interests Of The Child Standard” In A Florida Custody Case?
In years past, states would generally favor the mother when awarding custody of the children to one parent or another. Today, all states have moved away from this standard and employed another. Instead, when determining custody, the state will make a determination based on the best interests of the child. This standard assumes that… Read More »