When you have a “well-founded” belief that your trial judge is biased against you and your factual grounds for this belief are legally sufficient to require the judge to grant a disqualification motion, you may decide to seek the judge’s disqualification so a new judge will be assigned to your case. This can be a...
Alimony remains a hot topic in Florida divorce law. Florida law currently offers divorcing couples a smorgasbord of alimony possibilities, so long as one spouse can prove both a need for alimony and the other spouse’s ability to pay alimony. Currently on the legal menu are temporary alimony, bridge the gap alimony, rehabilitative alimony, durational...
A common award in divorces is the temporary exclusive use and possession of the marital home until the youngest minor child turns age eighteen or graduates from high school. Usually the divorcing spouses must sell the home and split the proceeds when the period of exclusive use and possession ends. Rarely is any consideration given...
Most people think that child neglect involves the caretaker harming a child in some way by a lack of care. Florida law, however, doesn’t require that any actual harm occur to the child; just exposing the child to a potentially dangerous situation can be enough. A recent Florida appeals court decision agreed with the trial...
Dividing marital property is one of the most important functions of the divorce final judgment. Most marital assets are legally divided in the manner set forth in the divorce final judgment without further confusion or concern. The exception is the division of retirement assets/benefits accumulated during the marriage by you, your spouse, or both of...
Spoofing is an illegal tactic used by some spouses to fabricate evidence that can be used against the other spouse in divorce litigation. Spoofing involves entering a fake telephone number to appear in another person’s caller ID instead of the actual originating phone number. Why would someone do this? To falsify evidence that the other spouse is making...
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