Month: April 2014

In Florida, you must have lived in Florida for at least six months, thereby becoming a Florida resident in order to file for divorce.  You can certainly look into filing in the state you moved from, but that state will also have residency requirements necessary to file for divorce.

In Florida, if you do not have a relationship with the party against whom you want the restraining order, one altercation will not get you a restraining order. It has to be at least 2. However, you have two options. You can either call the police and request that they issue a trespass warning to your neighbor or file criminal…

The actions for which you are basing your petition to obtain a restraining order must have occurred in the same state in which you file.

I have many clients that are adamant that they want the return of the engagement ring.  The engagement ring is a pre-marital gift that is not part of the divorce since it was purchased prior to the marriage (unless the bride bought it). The debt associated with it is also non-marital. If the marriage didn’t take place though, the groom…

You are entitled to one-half of the retirement your husband earned during your marriage regardless of the number of years married.  Your health insurance coverage, however, will only remain after the divorce if you were married 20 years of his service, not one day less. The United States military requires the divorced spouse of a servicemember to be married (into…

In Florida, you can get a restraining order or domestic violence injunction if someone has intentionally touched you against your will. If you had a relationship with the person, only one incidence of violence is necessary. If you are not related or in a relationship with that person, then it must be more than one incidence of violence. One fight…

I know that if someone asks this question they want the answer to be no. But the truth is that the Courts consider a marriage over 17 years as long term and there is a presumption that a spouse if it is needed and the other spouse has the ability to pay it, would be entitled to permanent alimony. The…

In Florida, an ongoing  child support obligation will terminate upon the child attaining the age of eighteen (18) years of age or if the child is performing in good faith with a reasonable expectation of graduation prior to attaining the age of nineteen (19) years old; or when the child, marries, joins the armed services, or dies, or becomes otherwise…

No you don’t. There is no longer legal separation in Florida. You cannot be removed from the house that you and your spouse have historically lived in absent agreement by the parties or a court order. Most people in Florida actually continue to reside together during the pendency of a divorce. Be careful, there are some people that will file…

A Judge will review a Petition for an Injunction (restraining order) upon it being submitted by the Petitioner. If the Judge finds that the allegations made on the petition qualify for an injunction to be implemented, he/she will enter a temporary Order that allows for protection until the parties get to a hearing. The Court will schedule a hearing so…