While I would like to say that a Judge can punish the cheater like in Shakespeare’s Hamlet, the answer is no. In the state of Florida, it is no-fault. So if one says there are “irreconcilable differences” between you, a Judge doesn’t have to go any further to grant the divorce. The Judge doesn’t have to see private investigator footage,…
Helping Good People At Their Worst Times
Year: 2016
Can I expunge my arrest?
Most crimes with few exceptions can be expunged (removed) if the case was subsequently dismissed. The majority of any sexual related offense is not subject to expungement, nor a drug trafficking offense. Many first time defendants are given a diversionary program option. If you complete the program, the state attorney will then dismiss the case. It could also be if…
How is my business divided in a divorce?
How is my business divided in a divorce? When someone gets divorced, their assets can be subject to different rules in order to divide them. If one of the spouses began a business before the parties married, only the increase in value from the date of marriage until date of filing the divorce is considered marital. If the business began after the…
How does relocation after a divorce with children work?
After parties divorce, especially in this day and age, at least one spouse may relocate. It is almost inevitable if one party is military. The factors that the Court will consider are statutory in Florida. However, there is no rhyme or reason at times to be able to with certainty to advise a client that they will be able to…
Can a grandparent be arrested for interfering with custody of their grandchild?
Absolutely! In Florida, Section 787.03 provides that whoever, without lawful authority, knowingly or recklessly takes or keeps a minor child from their lawful guardian, even if in foster care, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This can also apply to parents. Grandparents who may have rocky relationship with their…
What is the single most important thing I can do in a child custody case?
In my opinion, keeping a journal which details the parenting time each parent spends with the children including times as well as events that occur is the number 1 thing a parent can do to help themselves. Make notes as the events happen. Now keep in mind that Florida, despite the vetoing of the equal time share bill, is moving…
Do I have to get off Facebook if I’m in a divorce?
If you are about to embark on a family law matter that will end with a court appearance, get off social media. Make your Facebook in active, refrain from using Twitter. If you want to keep the accounts, make sure that you avoid commenting on your case. Do not use social media to lash out at the other side or…