Nov
Can You Go to Jail at a Show Cause Hearing?
A show cause hearing is a legal proceeding where one party must explain to the court why they haven’t complied with a court order. In family law, this usually involves obligations like child support, alimony, or custody arrangements that were set during or after a divorce. At a show cause hearing, the judge expects the person accused of non-compliance to "show cause" or give a valid reason for why they haven’t followed the court order. If the court isn’t satisfied with the explanation, they may impose penalties, including jail time, to encourage compliance. For many fathers and men facing financial challenges after divorce, understanding the risks of a show cause hearing is critical. Why ...
Oct
What Happens to Business Assets in a Divorce?
The prospect of a divorce can be pretty turbulent even in the best of circumstances. When you’re a business owner, though, you may find there are additional concerns. Chief among these is likely to be about what happens to business assets in a divorce. In short, there’s a chance that your business assets could be shared with your spouse under Florida’s equitable distribution of marital assets legislation. It’s no wonder that this is a worrying prospect for a lot of men going through divorce. After all, you’ve likely dedicated years of your time, energy, and talent to crafting a company that reflects your passions. The last thing you want is for the potential di ...
Sep
How to Prove You Were Not Served Properly
When you’re hit with a lawsuit, one of the first things the court must do is make sure you’re notified. That’s what service of process is for—it’s the legal way of letting you know you’re being sued. But if the service wasn’t done right, it can throw the whole case into question. In Florida, this is a big deal because improper service can cause a case to be delayed or even dismissed. For example, in Kozinski v. Phillips, a $450,000 judgment was thrown out because the service wasn’t done properly. This shows that if you weren’t served the right way, the courts might not even have the authority to rule on the case. What Does 'Serve ...
Sep
A Domestic Partnership vs Civil Union in Florida
While most relationships are defined and driven by deep personal connections, it’s important to recognize that the shape of your relationship can also have legal implications. In Florida, many rights and benefits are reserved for those couples who take the step of getting married. Making medical decisions for an incapacitated partner, sharing health benefits, and even dividing assets can be quite complex matters when there isn’t a marriage certificate involved. Yet, there are situations where marriage in Florida isn’t practical. The state still doesn’t legally recognize same-sex marriages. Indeed, a lot of couples today prefer not to get married, seeing it as an outd ...
Aug
What is Temporary Custody, and How Does it Work?
Temporary custody is a legal arrangement where a court grants someone custody of a child for a specific period. This type of custody is often used to address immediate needs or situations where a child's living arrangement must be stabilized quickly. Unlike permanent custody, temporary custody does not establish long-term legal rights over the child; it’s a short-term solution intended to ensure the child's safety and well-being until a more permanent decision can be made. Temporary custody can be granted to a parent, relative, or another third party, depending on the circumstances and what the court believes is in the best interest of the child. When Is Temporary Cus ...
Aug
Paternity Fraud: What Are the Consequences?
Paternity fraud is more common than many think, especially in states like Florida, where family dynamics can be complex. At its core, paternity fraud happens when a man is wrongly identified as the biological father of a child, often leading him to provide emotional and financial support under false pretenses. This can happen through misrepresentation, mistakes on birth certificates, or deliberate deception. The consequences of paternity fraud can be far-reaching, impacting not just the supposed father but the child, the biological father, and everyone connected to them. It's a situation that brings about significant emotional, financial, and legal challenges. How Paternity Frau ...
Aug
Out-of-State Visitation Rights for Fathers in Florida
Maintaining a strong parent-child relationship is crucial, even when parents live in different states. For fathers residing out of state, understanding visitation rights is essential to ensure they remain actively involved in their children's lives. Common and Practical Arrangements Extended Visitation Periods In Florida, out-of-state fathers often receive extended visitation periods, including longer summer vacations, holidays, and school breaks. These arrangements provide substantial time for bonding and maintaining the parent-child relationship. Holiday and Summer Schedules: Visitation schedules typically alternate major holidays, such as Thanksgiving, Christmas, and New Year&a ...