Divorce

Equitable Distribution in an Orlando, Florida Area Divorce Case

What is equitable distribution in an Orlando, Florida area divorce case? How does a judge divide your assets and debts in a divorce? The judge applies an analysis under Florida Statute 61.075— Equitable Distribution. The judge must do the following while analyzing equ...

Change Your Designated Beneficiaries After Your Final Judgment of Dissolution of Marriage is Entered in Your Orlando, Florida Area Divorce

Avoid the situation that occurred in Lynn Martinez-Olsen v. The Estate of Dan Olsen cited below. Save your loved ones from unnecessary stress and litigation by updating your designate...

Could This Happen in an Orlando, Florida Area Custody Case?

A court in the Chicago, Illinois area prevented a mother from seeing her child because she did not have a Covid-19 vaccine. Could that happen in Florida? In an Orlando, Florida Area case to keep a parent from a child, you must show that the parent is unfit or a danger...

What to Expect When Divorcing in the Orlando, Florida Area

You are going to file for divorce, or your spouse is going to file for divorce in the Orlando, Florida area. What should you expect will happen? First, you must look at the options for which type of divorce you choose to pursue. Do you and your spouse want to go to Me...

Can You Request that the Biological Father Consent to a Stepparent Adoption if You Waive Past Due Child Support in Orlando, Florida?

Florida law is clear that parents may not contract away the rights of their children to support, as that right belongs to the children, not the parents. Agreements that contract away child support are void and therefore unenforceable as contrary to public policy. An a...

Watch Out and Seek an Attorney’s Advice Before Signing Away Your Rights in a Prenuptial Agreement

What should you know about Prenuptial Agreements and the Waiver of Real Property Rights before you sign a Prenuptial Agreement?  There was an interesting case in Florida Law Weekly regarding this point as it relates to Real Property, Homestead, and validity ...

What is Substantial Emotional Distress in a Stalking Injunction Case in the Orlando, Florida Area?

Section 784.0485 Florida Statutes (2018) permits an injunction to be entered where elements of stalking have been established. Section 784.0485 is analyzed by looking at section 784.946, which deals with injunctions against repeat violence. Repeat violence, in turn, r...

Divorce in Orlando, Florida Area, and the Effects on Social Security Benefits

There was an interesting article in the Orlando Sentinel Section 2 on Sunday May 30, 2021 by Elliot Raphaelson. In the article, Raphaelson discusses Social Security benefits after divorce. He states that this is one of the least understood but most important topics. <...

Can the Trial Court Order Relief That Was Not Pled in an Orlando, Florida Area Divorce?

Whether the trial court can order relief that was not pled in an Orlando, Florida divorce has been asked and answered on many occasions. For example, the generic request included in a prayer for relief is insufficient to cure a f...

What is a Parenting Plan in an Orlando, Florida Area Divorce or Custody Case?