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April 2015 Archives

Older divorcees need to consider their credit card debt

A relatively recent trend in family law is an increasing number of older Americans are now choosing to end their marriages. Divorce, once considered taboo for baby boomers, is now considered a viable option for many people of advanced age. In fact, frequent readers of our online blog may remember a previous article in which we discussed the rise of so-called "grey divorces". It's now estimated that one out of every four Americans divorces involve spouses who are 50 years or older.

What is the Florida child relocation law?

When a marriage ends, there are many issues that require sorting out. They aren't always contentious but do need careful consideration and planning. One of the most critical issues for couples often relates to child custody. Parenting plans are put in place after careful evaluation of the family circumstances combined with a child's best interests. But even the best laid plans may need to be revisited as time goes on.

Understanding regular and simplified dissolution of marriage

While the word divorce may be used in Florida, the official term that the state has decided to use is actually dissolution of marriage. Additionally, fault does not have to be shown in a divorce. There are two main types of dissolution of marriage that will be used: regular and simplified.

Domestic violence: What to look for and what it means for you

Domestic violence affects many people across American every year, and evidence of abuse or even just allegations of domestic violence can have an effect on some aspects of divorce, such as child custody. Whether you are the victim or the person being accused of abuse, understanding what constitutes domestic violence and what evidence and patterns officers look for when making an arrest can help you be better prepared for how these allegations will affect your divorce.

Congressman’s long-term marriage annulled in Florida court

On April 7, a Florida judge announced the annulment of a 24-year marriage between a U.S. Congressman and his wife. The hearing was initially scheduled to review whether the marriage between the U.S. Rep. Alan Grayson and his wife was valid due to allegations that she was still married to another man at the time she married the congressman.

Who decides how much child support must be paid in Florida?

Under Florida law, child support payments are set according to what the statutes refer to as guidelines. Specific provisions are contained in Chapter 61 of the laws governing civil practice and procedure known as Title VI of the Florida Statutes.

Are common law marriages valid in Florida?

While common law marriages were fairly common in the 19th and even 20th centuries, these marriage are no longer considered valid in every state. In 1877, the Supreme Court ruled that it was up to individual states to decide if they wanted to prohibit common law marriage. As of 1968, Florida no longer recognizes common law marriages as legally valid. This includes marriages that originated in a different state that do still recognize common law marriages.

Prenuptial agreements and Florida law

It may sound cold and calculating to consider the assets husbands and wives will bring to a marriage as something to be distributed properly in the event of a divorce. Love, trust and sharing are attributes that define a relationship, so there shouldn't be a need to think about divorce before rings are exchanged and vows are made. But husbands and wives these days are often older, with established professions and accumulated wealth or real estate. Many times, they have been married before, and they have children that will form a blended family upon the marriage.

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From our law offices in Miami, Florida, we represent clients in North Miami, Miami-Dade County and throughout the South Beach area.

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