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The Difference and Similarities Between a Prenuptial  Agreement and a Postnuptial Agreement in the Orlando, Florida

There are many differences and similarities between a Prenuptial Agreement and a Postnuptial Agreement in the Orlando, Florida area. A Prenuptial Agreement is discussed in Florida Statute 61.079. A Premarital agreement means an agreement between prospective spouses ma...

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The Uncooperative and Unreasonable Opposing Party in an Orlando, Florida Marital and Family Law Case 

What happens if you have a spouse or opposing party in an Orlando Florida Marital and Family Law case who will not agree to anything? They battle with you on every issue and fight you all the way. They are unreasonable and difficult. Even when you try to compromise, i...

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Tribulations and Expenses of a Marital and Family Law Trial in the Orlando, Florida Area

Marital and Family Law in the Orlando, Florida area encompasses Dissolution of Marriage (more commonly called Divorce), Paternity, Timesharing and Parenting Plan (also called Custody), Child Support, Alimony and Modification of all of the above-mentioned areas of Mari...

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Can You Obtain Attorney’s Fees in a Marital and Family Law Case in the Orlando, Florida Area?

Florida Statute Chapter 61 governs dissolution of marriage, support and time sharing. Among its purposes is to safeguard meaningful family relationships and mitigate the potential harm to spouses and their children. Section 61.001(2), Florida Statute Section 61.16(1),...

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Termination of Parental Rights in the Orlando, Florida Area When There is Abandonment of a Child by a Parent

It is the function of the trial court to evaluate and weigh the testimony and evidence based on its observations of the bearing, demeanor, and observation of the witness appearing  in court. Before terminating parental rights, the trial court must find that the Depart...

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Stalking in the Orlando, Florida Area

The Florida Statute on Stalking is Florida Statute 784.0485. Stalking is when someone willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person. To harass means to engage in a course of conduct directed at a specific person which causes ...

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What Are Your Rights at an Injunction Against Dating Violence Hearing in the Orlando, Florida Area?

The parties in a domestic injunction proceeding have full due process rights. Due process demands fair notice and a real opportunity to be heard and defend before a court imposes judgment. To be fair, notice must be of such nature as reasonably to convey the required ...

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Res Judicata in the Orlando, Florida Area

What is Res Judicata in the Orlando, Florida area, and what does Res Judicata mean in law? The phrase “Res Judicata” means “the thing that has been decided” in Latin as well as in law. It is founded on the principle that a final judgment of a competent court is conclu...

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stalking

Injunctions and Stalking in the Orlando, Florida Area

Before a court may impose an injunction against stalking, the court must find that the alleged conduct would inflict substantial emotional distress on a reasonable person. In addition, under section 784.048(1)and(2) Florida Statutes, the trial court must find that no legitimate purpose existed to ju...

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Certified Question on Disqualification of a Judge

The Fourth District Court of Appeals recently certified this question: To what extent may a judge issue a written denial of a motion for disqualification that stays within the confines of both Florida Rule of General Practice and Judicial Administration 2.330(h) and t...

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