Archive for May 29, 2025

What is the Business Records Exception in the Orlando, Florida Area?

The Florida Business Records Exception to the hearsay rule is set forth in section 90.803(6)(a), Florida Statutes(2023). In the evidence code, it is stated that for a record to be admissible under the Business Records exception, the proponent must show that (1) the ...

Can You Challenge a Marriage or a Deed Based on Incapacity in Orlando, Florida Area?

If you have an elderly relative who marries a much younger person, maybe twenty or thirty years younger, you may have concerns. This usually happens after an elderly person has been married for many years and their spouse dies. They may be lonely. They may be a vuln...

Where Do You Probate the Will?

Where do you probate the will? How does the court decide that question? A Florida court may have jurisdiction over the distribution of a decedent's domicile at the time of his or her death if the decedent owned property in Florida at the time of his or her death. Ho...

Prenuptial Agreement and Postnuptial Agreements in Orlando, Florida 

A Prenuptial Agreement is a contract that the parties enter into prior to the marriage wherein they define how their assets and debts will be handled, either as marital assets or nonmarital assets during the marriage. They also include how the assets and debts will ...

Dating Violence Injunction in Orlando, Florida 

For a dating violence injunction, you need to prove by competent, substantial evidence an imminent threat. Where a petitioner's only evidence offered to show a continued threat was phone calls and text messages that petitioner suspected were from respondent, because...

Priority of Custody Between the Courts in Orlando, Florida Area

Did you know that dependency court takes precedence over other courts, such as domestic court and guardianship court? 

Florida Statute 39.013(4) provides: Orders entered pursuant to this chapter whic...

Consequences of Divorcing Later in Life

There are consequences of divorcing at any time in life. You now have half the assets you had before. Plus, you may have more debt than you previously had due to paying lawyers. 

If you are younger, ...

Retroactive Child Support in the Orlando, Florida Area

Under Florida Statute 61.30(7), a parent in a paternity or divorce case can seek retroactive child support for twenty-four (24) months prior to filing the petition for paternity or petit...

What are Trauma-Responsive Court Systems in Orlando, Florida and Lake Mary, Florida?

Have you ever heard of trauma-responsive court systems? There was an interesting article in The Bar Journal/May/June 2025 by Gabriella Cerasol, MacKenzie Dileo, Shayna R. Schulman, Megan Sirvent, and Ashley Ware on Trauma-Responsive Systems: an approach for Attorney...

What is Child Hearsay in a Marital and Family Law Case in the Orlando, Florida Area?

Child Hearsay can be admitted in an Injunction for Domestic Violence case or in a Divorce case in the Orlando, Florida area if certain elements of admission are met and the judge allows such hearsay. 

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