The Law Firm For Family Law Blog

Considering the Children in a High Conflict Divorce

One of the great fears of individuals who are getting divorced is the risk of a high conflict divorce. These types of divorces are wrought with anger, mistrust, fighting, and contempt. Often, parents in high conflict divorces will become embittered and unable to separate the best interests of their children from the contentiousness of the divorce. As a result, the children suffer and the parents no longer meet their duties […]

Factors that Are Considered in Equitable Distributions

In the majority of States, Courts split assets according to a principle known as Equitable Distribution. What this means is that the court will look to divide assets fairly rather than equally. For individuals, in the States that use equitable distribution to split assets, the system may seem subjective and dependent upon the particular judge that you receive rather than what you believe to be fair. As a result, it […]

Three Benefits of Prenuptial Agreements

Prenuptial Agreements are a great way to protect assets when a marriage ends, but they are not just useful in times of divorce. They can act as agreements to protect your assets during a marriage as well as after it. They serve to be a legal agreement between husband and wife with regard to the assets that are mentioned in the prenuptial agreement, and go into effect the moment the […]

Filing for a Temporary Restraining Order

In many divorces, it may become necessary for one of the parties to ask the courts to order the other party to stay away. These types of orders are called temporary restraining orders and they restrict one party from having contact with the other party. They can also do other acts, such as requiring the restrained party to leave the house or pay child support. Additionally, temporary restraining orders can […]

How Mediation Can Work for High Conflict Divorce

In many cases, mediation can be a very effective alternative to litigation, even for high conflict divorces. Less Adversarial Although it is often hard for couples to imagine, the mediation room is much easier to face than a courtroom. Mediation tends to be less adversarial, with a more focused attempt at trying to resolve issues as opposed to duking it out in court. Long litigations are not only expensive, but […]

Choosing the Right State to File for Military Divorce

When you are facing a divorce in the military community it is very important to take steps to ensure you are filing in the right location. With the nomadic life of military families it is very common to live, marry, and then divorce in different states. Differing Divorce Laws There are some general differences between a civil and military divorce that must be considered. One of the main differences is […]

Court Confirms Importance of Valuation Date in High Asset Property Division

Highly successful couples who go through a divorce often struggle with the financial aspects of high asset property division, often leading to prolonged litigation dealing with the propriety of the family court’s distribution award. Key Steps in High Asset Property Division The initial steps in the distribution process are important. These involve: Setting the date for classifying assets and liabilities Classifying assets and liabilities as marital or non-marital Setting dates […]

Importance of Evidence in Divorce Issues

Divorcing couples are generally encouraged to explore settlements out of court where issues such as child support, alimony, asset division, and timesharing or parenting can be resolved amicably with the help of attorneys. But in high conflict situations when parties are unable to agree on issues arising from a divorce, the unresolved issues must undergo litigation where a court shall make a decision based on evidence. Florida family law provides […]

Florida Man Arrested after Assaulting Spouse over Divorce Proceedings

A Florida man was arrested in early July after he tortured his soon-to-be former spouse after she filed for divorce earlier this year. According to police, upon filing for divorce, the wife transferred more than $200,000 in the couple’s joint CD to a separate account, in an effort to prevent her husband from draining the account in the aftermath of the divorce filing. Upon receiving a notice from the bank, […]

Child Custody Provision Cited as Key Driver in Florida Alimony Overhaul Veto

Before Florida’s highly contentious alimony legislature met Gov. Rick Scott’s desk earlier this year, it had passed both House and Senate votes, and by comfortable margins. The bill, which sought to put an end to permanent alimony after the payer’s retirement, as well as alter payments based on the duration of the marriage, also included some “controversial” provisions regarding child custody and time-sharing – provisions Gov. Scott cited directly in […]