PRACTICE AREAS

Your Trusted Counsel FAMILY LAW AREAS OF PRACTICE

Dissolution of Marriage (Divorce)
Child Custody
Child Support
Establishing Paternity
Spousal Maintenance (Alimony)
Relocation
Post-Decree Modifications
Enforcement of Decrees and Court Orders
Prenuptial Agreements
PostNuptial Agreements

DISSOLUTION OF MARRIAGE :

FLORIDA DIVORCE

Chapter 61 of Florida statutes, titled Dissolution of Marriage; Support; Time Sharing, is the law covering issues surrounding divorces. The general purposes as defined in chapter 61 are to preserve the integrity of marriage and to safeguard meaningful family relationships.

CHILD SUPPORT:

FLORIDA CHILD SUPPORT

Knowledge is power. Chapter 61.30 of the Florida statutes is the Florida child support law that determines child support according to the income of both parents, the child’s health care and child care costs, and the “standard needs for the child.”

CHILD CUSTODY:

FLORIDA TIMESHARING

61.13 Support of children; parenting and time-sharing; powers of court.—In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent or, in the case of both parents, to a third party who has custody in accordance with the child support guidelines schedule in s. 61.30.

SPOUSAL MAINTENANCE:

FLORIDA ALIMONY

61.08In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

POST-DECREE MODIFICATIONS:

FLORIDA MODIFICATION/ENFORCEMENT

61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.—When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order.

ESTABLISHING PATERNITY:

FLORIDA PATERNITY

742.011 Determination of paternity proceedings; jurisdiction.—Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.

CIVIL CONTEMPT:

Florida Rule 12.615

(a) Applicability. This rule governs civil contempt proceedings in support matters related to family law cases. The use of civil contempt sanctions under this rule shall be limited to those used to compel compliance with a court order or to compensate a movant for losses sustained as a result of a contemnor’s willful failure to comply with a court order. Contempt sanctions intended to punish an offender or to vindicate the authority of the court are criminal in nature and are governed by Florida Rules of Criminal Procedure 3.830 and 3.840.(b) Motion and Notice. Civil contempt may be initiated by motion. The motion must recite the essential facts constituting the acts alleged to be contemptuous. No civil contempt may be imposed without notice to the alleged contemnor and without providing the alleged contemnor with an opportunity to be heard. The civil contempt motion and notice of hearing may be served in accordance with Florida Rule of Judicial Administration 2.516 provided notice is reasonably calculated to apprise the alleged contemnor of the pendency of the proceedings. The notice must specify the time and place of the hearing and must contain the following language: “FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD.” This notice must also state whether electronic recording or a court reporter is provided by the court or whether a court reporter, if desired, must be provided by the party.

Relocation:

FLORIDA STATUTE ON RELOCATION

61.13001 Parental Relocation With A Child-RELOCATION BY AGREEMENT.—If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:

1 Reflects consent to the relocation;
2 Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and
3 Describes, if necessary, any transportation arrangements related to access or time-sharing.

PETITION TO RELOCATE.—Unless an agreement has been entered as described above, a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.

PRENUPTIAL AGREEMENTS:

FLORIDA PRENUPTIAL

61.079Parties to a premarital agreement may contract with respect to:

1 The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2 The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3 The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4 The establishment, modification, waiver, or elimination of spousal support;
5 The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6 The ownership rights in and disposition of the death benefit from a life insurance policy;
7 The choice of law governing the construction of the agreement; and
8 Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.

POSTNUPTIAL AGREEMENTS:

FLORIDA POSTNUPTIAL

A postnuptial agreement is similar to a prenuptial agreement except that a postnuptial agreement is executed after the couple is already married.

Real Property Law

Foreclosure Defense
Landlord and Tenant Law

FORECLOSURE DEFENSE:

FLORIDA STATUTE LANDLORD AND TENANT

Chapter 8383.21 Removal of tenant.—The landlord, the landlord’s attorney or agent, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated and is entitled to the summary procedure provided in s. 51.011.

LANDLORD AND TENANT LAW:

FLORIDA STATUTE ON FORECLOSURES

CHAPTER 702A complaint that seeks to foreclose a mortgage or other lien on residential real property, including individual units of condominiums and cooperatives, designed principally for occupation by from one to four families which secures a promissory note must:(a) Contain affirmative allegations expressly made by the plaintiff at the time the proceeding is commenced that the plaintiff is the holder of the original note secured by the mortgage; or(b) Allege with specificity the factual basis by which the plaintiff is a person entitled to enforce the note under s. 673.3011.

The information on this page does not act as legal advice. Legal advice should be sought.

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