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Family Law

Family Law

Recent Posts in Family Law Category

  • How to Establish Paternity of a Child When the Mother Is Married to Someone Else

    If a married woman gives birth to a child in the state of Florida, her husband is automatically assumed to be the biological father. How can a man establish paternity when he isn’t married to the mother? Legal Father vs. Biological Father It’s a misconception that if a man has been added to a child’s birth certificate he is automatically and irreversibly the legal father of the child. A father’s ...
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  • How to Get an Annulment in Florida

    As opposed to most states in the U.S., Florida has a unique way of dealing with marriage annulments. No official laws govern or address annulments, but Florida’s higher courts have issued precedent decisions. These decisions make up Florida’s annulment laws and, while possible to be granted an annulment in Florida, it’s unusual and can be quite difficult. Void vs. Voidable Marriages In order to ...
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  • When Is It Time to Seek a Restraining Order?

    While restraining orders are commonly thought of as a last step which should only be taken after you have exhausted all other options, filing a restraining order sooner rather than later may actually be one of the smartest things you ever do. Although we all enter into marriages and relationships hoping and believing the person we have chosen to share our life with is kind and would never harm us, ...
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  • Legal Separation vs. Divorce

    While divorce is the most common outcome for couples whose marriage is no longer working, it is not the only option. Under certain circumstances, an annulment may be granted. Another valid option for many couples is what’s known as “legal separation,” which shares several key elements with divorce but is recognized as a different distinction altogether under the law. While most states allow for ...
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  • Who Keeps the Engagement Ring After the Wedding is Called Off?

    Engagement rings can be pricey and most people buy them with the expectation of eventually saying, “I do.” While certainly most engaged couples ultimately do take that trip down the aisle, not all engagements get to that stage. What happens to the ring when the engagement falls apart and a couple decides to part ways? Depending on the state you live in, the answer to this pressing question depends ...
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  • What You Need to Know About Father’s Rights

    A biological parent has the right to seek child visitation or child custody. Fathers who were not married when their child was born must legally establish paternity in order to gain access to father's rights. If you’re a father going through a divorce or custody battle, it’s important to know your rights. Establishing Paternity Establishing paternity is important for more than just having a name ...
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  • What You Need to Know About Legal Separation in Florida

    Divorce isn’t for everyone. If you do not wish to continue living with your spouse, but are not certain you want a divorce, you may be interested in legal separation instead. In a legal separation, you can negotiate child custody, child support, alimony and property division just as in a divorce. You are still legally married to your spouse, so you can take advantage of health insurance and social ...
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  • How to Establish Paternity in Florida

    When a child is born to married parents, the law rarely questions who the child’s father is. However, if a woman is unmarried when she has a child, paternity must be established because it holds numerous advantages for both parents and the child. How is Paternity Established? There are many ways to establish paternity in Florida. If you want an easy and affordable paternity process, it’s important ...
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  • Modification of Child Custody or Visitation Orders

    Sometimes a child custody or visitation order becomes impractical or inappropriate. In these situations, you may be able to change to modify the order to better benefit you and your family. However, you must meet specific rules and requirements before your custody or visitation order can be modified. Modification of Child Custody or Visitation Orders Once a child visitation order is issued, both ...
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  • How to Divorce an Abusive Spouse

    Millions are affected by domestic violence every year. Studies show that violence occurs at least once in two-thirds of all marriages , with 95% of the victims being women. While freeing yourself from any unhealthy marriage can be complicated, throw in domestic abuse and it requires extra planning and special consideration. 1. Escape Plan Your first step to divorcing an abusive spouse should be to ...
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  • How to Get a Restraining Order in Florida

    A restraining order is called an “injunction for protection” in the state of Florida. A civil court issues the injunction and commands the person who is named in the restraining order to cease coming within a certain distance of you and your children. In this blog, we explain how to obtain a restraining order in Florida. Types of Restraining Orders There are four types of restraining orders in ...
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  • How to Prepare for a Divorce Filing

    It is rarely easy to make the decision to divorce and it can be even more overwhelming to put this plan into action, especially since most are not familiar with the legal process. You are not alone, however, and there are ways for individuals to prepare for a divorce filing that will make the situation seem far less intimidating. Below are some tips on how you can prepare for a divorce filing: ...
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  • 5 Factors to Consider Before Filing for Divorce

    Filing for divorce is one of the most difficult decisions you can make. While you may be looking to get out of your marriage as soon as possible, it’s best to make a thoughtful and informed decision, as long as you aren’t in danger. Divorce will impact you, your children, your finances and pretty much every aspect of your life; it’s not a decision to be taken lightly. These Are 5 Factors To ...
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  • Mistakes to Avoid in a High-Asset Divorce

    A high-asset divorce can be particularly complex, due to the large amount of assets, property, businesses and money at stake. When a divorce involves this type of wealth, you should be prepared to deal with every aspect of the process, so you can avoid errors that may affect your settlement. These are some of the most common mistakes to avoid in a high-asset divorce: 1. Accept a Settlement Too ...
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  • What Is Parental Alienation?

    Parental alienation is a type of behavior that happens most often during contested divorces. Usually, one parent will manipulate the child into caring more for that parent and less for the other as a result. For example, if a father has custody of the child, he would be guilty of parental alienation by being excessively nice to the child and saying negative things about the child’s mother (things ...
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  • How to Prepare for a High Net Worth Divorce

    Divorce is rarely easy for anyone, but it can be extremely complicated for those with high net worth. People considered of high net worth have at least $1 million in liquid assets, meaning they can convert it to cash at any given moment. Because high net worth divorces tend to involve complex financial portfolios and potentially lots of property, they can usually be lengthier than the average ...
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  • Summer Break Custody

    Summer is usually the best time to be a kid. School is out for three months, and your parents may be planning on taking you somewhere exciting for vacation. However, if a child’s parents are divorced, summer becomes much more complicated. Many adults never get the summer off anymore, and most of the summer break is spent in summer camp or daycare. However, when one parent has the summer off, he or ...
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  • How Custody Is Decided In Florida

    One of the things that can complicate the divorce process is children. If a couple has children, each parent usually wants to spend as much time with his or her children as possible. The parent with primary physical custody is typically the one that gets to spend the most time with their kids. Custody battles can sometimes be contentious, as it can be difficult for parents to compromise on this ...
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