In Florida, as in most states, if you are considering a divorce, there are a number of matters that you need to think about and steps that you should take. First and foremost, you should think about your safety and well-being as well as that of any minor children. If...
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Florida Expands Abuse of an Elder Person to Include Intentional Isolation from Family Members
In April of 2021, the Florida legislature unanimously approved passage of SB/HB 1041 which provided additional protections to elder persons . Among the changes, SB/HB 1041 amended Chapter 825 which addresses the abuse, neglect and exploitation of elder persons and...
“Uncontested” Divorce in Florida—What Does it Mean?
In our law practice, we often hear people contact us saying they need a divorce but that it will be “uncontested.” Sometimes they are correct in saying this but in other cases, they don’t really understand what an uncontested divorce means. The meaning is broader than...
Parental Responsibility in a Florida Divorce
We often hear parents who are seeking a divorce use the term “child custody.” The fact of the matter is that the term custody is no longer used in Florida dissolution of marriage proceedings. Instead, the terms “parental responsibility” and “time-sharing” cover what...
Can alimony payments be deducted on your income tax return?
One major issue which must be addressed in a Florida divorce involves alimony. In simple terms, alimony is money paid by one ex-spouse to the other to assist with that person’s support and living needs after the divorce. Prior to December 31, 2018, alimony payments...
Lifetime Gifts: Do They Satisfy Gifts Made in a Will?
When an asset devised in a Last Will and Testament has been gifted to the beneficiary during the decedent’s lifetime, an ademption by satisfaction may occur. The concept of ademption by satisfaction is that a lifetime gift to a beneficiary may satisfy a gift to that...
Intestate Estate: Which Children Will Inherit and Who Gets Left Out?
When a person dies without a Last Will and Testament in Florida, he or she is said to have died “intestate.” The decedent’s estate is then distributed according to Florida’s intestacy statutes as set forth in Sections 732.101-732.111, Fla. Stat. In simplest terms, the...
Can a Probate Court Waive Posting of a Personal Representative Bond?
When a probate estate is opened in Florida, one of the requirements that the probate court can impose at the beginning is that a Personal Representative’s Bond must be posted. Often the requirement for posting the Bond must be satisfied before the Letters of...
Jurisdiction over a divorce in Florida: Can you file here?
Jurisdiction is what gives a court the power and authority over the subject matter (known as “subject-matter jurisdiction”) and over the persons involved in a divorce case (known as “personal or in personam jurisdiction.” In Florida, the Circuit Courts resolve most...
Family Law Courts are Courts of Equity
Family law matters in Florida, including divorce, parenting and timesharing of minor children, division of assets, child support, and alimony, are governed by Chapter 61, Florida Statutes, along with applicable caselaw. These matters are said to be in “chancery.” This...
