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News and Resources

November 5, 2019

Same-Sex Couple and Child Custody Rights

Same-Sex Couple Marriage in Florida In January of 2015, the state of Florida legally recognized same-sex marriage. LGBTQ couples from the Sunshine State now had the right to legally marry and live as a married couple in Florida. Additionally, the state of Florida has several marriage and divorce laws that now apply to same-sex couples. […]

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October 7, 2019

Can I Relocate with My Child After a Divorce?

Often, divorced parent custody arrangements work well when both parents live nearby. But what happens when one parent would like to relocate with the child to a different city? Relocation can be difficult, especially when one parent needs to transfer to another city or state for a job.  Moreover, relocation trials can be one of […]

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September 9, 2019

When to Consider a Prenup

Are you recently engaged and planning a wedding? If you will be on your honeymoon soon, it’s important that you’ve considered a prenup with your soon-to-be spouse. With nearly half of all marriages ending in divorce, a prenuptial agreement can be a valuable financial instrument for a marriage. Although prenups have been taboo due to […]

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August 6, 2019

Divorce 101: Texting Your Soon-to-be Ex-Spouse?

Your text messages rants do not win cases, but they can certainly lose one. Over the last several years, divorce proceedings and admissible evidence have evolved along with the world’s ubiquitous digital and social media communications. So, you may be wondering what that means for you if you are going through a divorce. Could your […]

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December 12, 2017

Alimony and Tax Reform

Currently, there is a lot of buzz and even more questions related to the new tax bill and how it impacts alimony. As it stands now, the House Bill would revoke the alimony tax deduction from 2018 moving forward. To review the language please follow this link to pages 122-126: The Senate bill does not […]

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October 25, 2017

Myth #6: “I am Entitled to 50% of the Assets!”

Florida is an equitable distribution state.  This means the court will “equitably” distribute the parties’ assets and liabilities, this does not mean the court will “equally” distribute parties assets and liabilities.   Assets and liabilities are deemed marital if they are acquired between the time period from when the parties get married to when one party […]

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October 9, 2017

Divorce Myth #5: “The law requires that I get equal timesharing with the my kids!”

This is a very common misconception.  Although the courts lean towards equal timesharing between parents, there is nothing written in the law that requires each parent to have equal timesharing, nor is there a presumption in favor of equal timesharing. In my view, the court generally starts out believing each parent should have equal time […]

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October 4, 2017

Divorce Myth #4: “If I go to court, I will get the justice I deserve!”

Before you try and seek justice in the courts, keep in mind that many Judges in South Florida are overwhelmed with 1,500 – 2,000 cases going on at the same time.  Judges work very hard to do the right thing for  families, and they take that responsibility very seriously.  However, Judges will tell you that […]

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September 25, 2017

Divorce Myth #3: “An Affair Impacts Alimony”

Florida is a no fault state; this means that judges generally do not care who did what to whom, unless there is a child involved.  Although the alimony statute does list adultery as a factor, it rarely, if ever, has an impact on support payments.  Adultery may have an impact on property distribution. In Florida […]

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September 19, 2017

Divorce Myth #2 “I have to be the one to file first!”

There is a misconception about what happens if you file for dissolution of marriage first.  Filing your case before your spouse only means that you are now the Petitioner, therefore, if your case goes to trial, the Petitioner will present their case first.  Attorney’s fees are generally based on need and ability to pay in […]

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September 14, 2017

Divorce Myth #1: Hiring an Attorney: “I need a bulldog!”

The need for a “bulldog” is something we hear a lot in family law; things like “I want him/ her to suffer”, “I want more than the law will give me”.  Be very careful what you wish for.  When you hire that “bulldog”, make sure you know how much more you will pay that lawyer […]

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Review the article by Samuel R. Troy, Esq., in a recent Florida Bar publication

Located on Page 21 of the Commentator, a Florida Bar publication, Mr. Troy discusses the obstacles and solutions to the income disparity issue in the family courts. Follow the link here:  https://familylawfla.org/wp-content/uploads/2017/02/Fam-2017-Winter-Edition-FINAL-web.pdf

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