Divorce & Family Law

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Hocus pocusEarlier this month, Florida’s Fourth District Court of Appeal released its opinion in the matter of Zelman v. Zelman, Case No. 4D14-1858 (4th DCA September 2, 2015).  This opinion is noteworthy because it holds that family members have the right to participate fully in guardianship proceedings, even if they are not the petitioner.  This…

Purpose of Alimony

Florida law allows for several types of alimony, whether it be permanent alimony, rehabilitative alimony or bridge-the-gap alimony, among others. Regardless of the type, all alimony is intended to provide support for a spouse as a result of a divorce. Alimony preserves the economic status spouses enjoyed while married. Alimony is also…

The Statutory Guidelines

Florida courts determine the amount of child support a parent owes based on mandatory schedules, or “guidelines,” set forth in Florida Statute § 61.30. The guidelines establish the minimum needs of a child in relation to the parents’ level of income. Parties to a divorce proceeding sometimes misconstrue child support as an…

Florida Statute 61.13(2)(c)(1) provides that it is the public policy of the State of Florida that children under the age of 18 have “frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved …” Section 61. 13(2)(c)(1) further provides that Florida has abolished the “presumption for…

In November, the Florida Supreme Court issued a decision addressing the parental rights of two women who conceived a child through assisted reproductive technology. The case, DMT v. TMH involved two women who were in a long-term relationship when they decided to conceive a child. To do so, TMH (the “Biological Mother”) provided an egg…

What is the purpose of a parenting plan in a Florida divorce proceeding? The legislature answered the question, in part, when it passed Fla. Stat. § 61.13(2)(c)(1). That section provides:

It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or…

Florida Statute § 61.13(2)(b) governs the contents of a parenting plan following a divorce proceeding. Under chapter 61, parties to a divorce are required to submit a parenting plan in all cases involving time sharing of minor children. Parties are required to submit a parenting plan even when the time-sharing arrangements for children are not…

Florida Statute § 61.16 authorizes courts to award attorney’s fees “after considering the financial resources of both parties.” Section 61.16 permits a court to award only a “reasonable amount of attorney’s fees.” This reasonableness requirement applies to both attorney’s fees and costs associated with litigation during a divorce. The critical issue for the court is…