Florida is one of the states where you can get a divorce without proving that either party did something wrong, like adultery or abandonment. If one party wants a divorce, then they can have it. It prevents a spouse from being forced to hire a private detective to spy on the other just so they can get out of the…
Helping Good People At Their Worst Times
Year: 2015
Can I leave my child alone in the car?
I think there is an unwritten rule that every parent has heard if not repeated, “Never wake a sleeping baby.” I’d suggest breaking the rule if your child is in a car. According to Florida Statute 316.6135, you cannot ever, for any period of time, leave your child unattended if the child is less than 6 years of age in…
If you a pedestrian, what part of the street do you walk on?
Florida in my opinion is a pedestrian state. People like to walk and or run since our weather is generally so pleasant despite the latest rain. However, where sidewalks are provided, pedestrians are prohibited from walking along the portion of a road paved for vehicular traffic. When sidewalks are not provided, any pedestrian walking along the highway shall, when practicable,…
Can I install spyware on my spouse’s phone or computer?
Can a husband or wife install spyware on the other spouse’s phone or computer? You can certainly keep and use text messages or voicemails or even Facebook posts from the other party, but intercepting and saving communications that were intended for the other party is a first degree misdemeanor in Florida for the first offense, and a 3rd degree felony…
Spyware, to spy or not to spy!
Can a husband or wife install spyware on the other spouse’s phone or computer? You can certainly keep and use text messages or voicemails or even Facebook posts from the other party, but intercepting and saving communications that were intended for the other party is a first degree misdemeanor in Florida for the first offense, and a 3rd degree felony…
Can my husband take my dog in our divorce?
If the dog was bought during the marriage, he is considered personal property just like any other. Until a Court rules one way or another, your husband should not remove any personal property from the home unless it is agreed upon. Unfortunately, without the benefit of having filed for divorce, he or you can do whatever you want with marital…
Who goes to jail if the child refuses to visit a parent?
Well, if you are before Judge Lisa Gorcyca in Oakland County, Michigan, the kids go to jail. In a highly contentious divorce between Omer and Maya Tsimhoni involving their three children, ages 9, 10, and 14, the children refused to have a relationship with their dad. The 14 year old child stated he had seen the father hit the mom and that…
Being stood up at the alter
Being stood up a the alter does still happen. The thought though that the bride should trash the dress doesn’t ring true for me. It is possibly because I loved my dress. The legal issues that can arise from a wedding being called off are many. The bride can keep the engagement ring. Even if the parties married and subsequently…
How do I measure the 50 miles in a relocation case?
How does a parent know whether they have to file a petition to relocate if they want to move? The relocation statute, Fla. Stat. Ch. 61.13001, requires either an agreement to relocate or a Petition to Relocate be filed and heard prior to a parent moving with a child more than 50 miles from their residence at the time of the…
Are lottery winnings a marital asset?
It depends on when the ticket was bought. If it was bought before the filing of the petition for divorce, the proceeds if any are considered a marital asset and subject to equitable distribution. If however, the ticket was bought after the petition was filed even if the final order of divorce had not been entered (assuming it was not…