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Is it Possible in Florida for a Father to be Awarded Custody of His Children?

It's All About the 'Parenting Plan' First and foremost, it is important to understand that the courts will review a number of factors when granting custody. All of these factors will be tied to what is considered “in the best interests of the children.” In general, the courts believe that it is best for children to have adequate bonding time with both parents, no matter who the children live with. Rather than exclusively using the term “custody,” Florida law now recognizes the term of the “parenting plan” where not only are the time-sharing specifics clearly defined, but responsibility for every aspect of their child’s life is detailed. Sole responsibility or “custody” without visitation ...


An Overview of Dissolution of Marriage in Florida

Overview of Dissolution of Marriage in Florida Florida is a no-fault divorce state and that means that the only reason required for filing for divorce, also known as the dissolution of marriage, is that the marriage is “irretrievably broken.” That can be further described as claiming that the “marriage relationship is over and can’t be repaired.” Or, if it can be proved that one of the spouses has been mentally incapacitated for three years or longer, that is also grounds for filing for divorce. Either spouse can file, but they must do so in the county where either of the two parties to the divorce resides. The spouse must be able to prove that a marriage does exist, and that one of the ...


Modifications to Spousal Support: How Does Retirement Affect Spousal Support?

Is Retirement an Automatic Qualifier for Modification to Spousal Support? The short answer to this question is no, retirement does not necessary mean that there can be a dreduction or termination of spousal support. Although Florida law does consider retirement and a reduction of income as a possible valid issue in a request to modify or terminate alimony, it is not by any means automatic. While there may be new Florida legislature in the future to make it easier to modify spousal support upon retirement, one substantial matter is what the language of the original divorce decree says. That is why it is very important to have legal representation when divorcing. Structuring a settlement an ...


Modifications to Spousal Support: The Approach to Modifying Spousal Support

The Approach to Modifying Spousal Support There are basically two sides for initiating a modification for spousal support. One side (the payer) may petition for a reduction in the amount that is paid to the ex-spouse, or even petition for immediate termination or a revision to the termination date. The other side (the payee) may petition to the court for an increase in the amount or amount of time that they receive the award. If there has been a substantial change in financial circumstances that was unexpected or involuntary for either of the spouses, there may very well be a valid reason to consider seeking a modification to the spousal support that was awarded in the final divorce decree. ...


Modifications to Spousal Support: Can Spousal Support Be Modified After a Florida Divorce?

Can Spousal Support Be Modified After a Florida Divorce? This is a common question raised by either party (the one receiving support or the one paying support) in a divorce. The simple answer is yes, Florida Statutes does allow for modification or even termination of most types of spousal support when it can be shown that there has been a substantial, unexpected, or involuntary change in the circumstances of either of the former spouses. That change must be one that affects either the former spouse’s ability to pay, or the other former spouse’s need. This can become a very complicated and contentious situation and before considering an approach to the court for a modification, it is very i ...


Spousal Support in a Florida Divorce

Spousal Support is Not a Cut and Dry Issue Under Florida divorce law, spousal support may be awarded under certain situations to either the wife or the husband. Spousal support is not meant to be punitive. Instead, it is sometimes awarded to help the lower earner- whether that is the husband or the wife- to get “back on their feet” or maintain the marital lifestyle for at least some period of time following the end of a marriage. Although support may often be thought of as paid on an ongoing basis, it may be awarded as a lump sum or as some combination of the two. When making a determination of whether or not to award support, the court may consider many factors including non-monetary iss ...

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