Family Law

Can Someone Modify or Terminate a Permanent Injunction Against Domestic Violence in the Orlando, Florida Area?

Florida Statutes section 741.30 allows the court to issue an injunction against domestic violence when there is an actual act of domestic violence or reasonable fear that domestic violence is imminent. Once entered, a domestic violence injunction shall remain in effect...

Can a Court Modify A Time-Sharing Plan at an Orlando Florida Area Contempt Hearing?

Can a Court Modify A Time-Sharing Plan at an Orlando Florida Area Contempt Hearing? The court cannot impermissibly modify the parties’ timesharing as a sanction against one party. A court cannot modify a time-sharing plan as a sanction for contempt. That is inappropria...

Qualified Domestic Relations Order

Below is important information on QDROS from Attorney Matthew Lundy. The Law Offices of Ann Marie Gilden refers clients to Attorney Matthew Lundy to have their QDROs prepared by his firm. 

Although every retirement plan is dif...

Will I Receive Permanent Alimony in an Orlando, Florida Area Dissolution of Marriage/ Divorce Case?

Permanent periodic alimony is intended " to provide for needs and necessities of life as they were established during the marriage.... for a party who lacks the financial ability to meet those needs following dissolution. FS 61.08(8). The other spouse must have the ab...

When is Sole Custody with Supervised Visitation Appropriate In an Orlando, Florida Custody Case?

Florida Statutes Section 61.13(2)(c)2, provides that the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. Detriment to the child can be shown by abuse, aband...

Criminal Contempt in an Orlando, Florida Marital & Family Law Case

There are a few things to know about CONTEMPT in an Orlando area Marital & Family Law Case. Civil contempt is used obtain compliance on the party of a person subject to an order of the court. Criminal contempt is used to punish. Crim...

Can the Court Impute Income to a Spouse in an Orlando, Florida Divorce in Order to Prove Alimony?

It is well settled that a trial court, who has made a finding that a party is voluntarily unemployed or underemployed, may properly impute income to that party based upon the party's demonstrated earning capacity. First, the court must conclude the termination of income was voluntary. Second, the co...

Child Custody by an Extended Family Member in Orlando, Florida

Section 751.01 Florida Statutes, provides that the purpose of Chapter 751 is, among other things to provide for the welfare of the minor child who is living with the extended family members. Specifically, the chapter recognizes that the care being extended to the child is by the extended family memb...

Are You Being Stalked in Orlando, Florida?

What is stalking? Florida Statutes 784.048(2) states that Stalking occurs when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.  To harass means to engage in a course of conduct...

Steps to Obtaining an Injunction Prohibiting Exploitation of a Vulnerable Adult in Orlando, Florida

There is a new law F.S. 825.1035 that now allows you to obtain an Injunction Prohibiting Exploitation of a Vulnerable Adult. The bill allows any of the following individuals to file the petition for injunction:

1. 1. A vulnerable adult in imminen...
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