Recent Blog Posts
Dividing Military Retired Pay During Divorce
Up until 1982, a person divorcing a military servicemember had no right whatsoever to any share of their ex-spouse’s retired pay in most cases. The passage of the Uniformed Services Former Spouses Protection Act (USFSPA) in that year granted state courts the right to divide a servicemember’s retired pay as part of a divorce…. Read More »
Prenuptial Agreements & Florida Divorce
Prenuptial agreements, or ‘prenups,’ are more common than ever nowadays, especially as more people marry for a second or even third time. However, the actual ramifications of executing a prenuptial agreement are less well understood, particularly with regard to what will happen in the event of a divorce. Having an attorney help with your… Read More »
Most Common Florida Child Support Questions
Issues related to child support can be incredibly complex and acrimonious, with high stakes for all involved. Florida law is designed to serve the best interests of the child or children affected by their parents’ divorce, meaning that courts are required to weigh a host of different factors to arrive at a fair and… Read More »
Can My Condo Association Regulate Door-to-Door Deliveries?
Even before the COVID-19 pandemic, door-to-door deliveries were becoming more common in the United States. While the pandemic saw some restrictions on deliveries due to fear of contagion, most associations have lifted these controls since. That said, some Florida community associations are seeking to reintroduce them, arguing that door-to-door delivery is a convenience, not… Read More »
Advantages & Disadvantages To Prenuptial Agreements
The concept of a prenuptial agreement is a controversial one, even in this day and age, when there are more and more couples choosing to have one. There are several potential advantages to having one, and few disadvantages in the legal sense – but the potential issues that do exist are significant for many…. Read More »
Changes To Florida Paternity & Child Support Law
Historically, only the mother of a newborn child would automatically be entered onto that child’s birth certificate – the father, unless married to the mother, would have to jump through several hoops before being listed as that child’s legal father. Even then, if a man prevailed in a proceeding to establish paternity, the only… Read More »
Children & The Fair Housing Act
The federal Fair Housing Act (FHA) prohibits discrimination based on a person’s membership in a protected class – race/color, religion, national origin, sex (gender identity and sexual orientation explicitly included), religion, disability, and ‘familial status.’ The latter is not normally found in federal antidiscrimination lawsuits, but for the FHA, it explicitly refers to families… Read More »
The Elective Share & Probate
When a person’s spouse dies, they are entitled, by law, to a significant share of the assets, even if the deceased person’s will states otherwise. If the decedent left no will, the surviving spouse is potentially entitled to an even larger share of their partner’s assets. This portion is known as the elective share,… Read More »
I Want A Divorce, But My Spouse Is Deployed
Divorcing is a momentous decision, and deserves to be discussed extensively before deciding to take the plunge. However, once two people have discussed the possibility, the impetus to act fast can be hard to ignore. Sometimes, one spouse may want to file for divorce even while their servicemember spouse is deployed overseas. It is… Read More »
What Makes A Florida Prenuptial Agreement Unenforceable?
Prenuptial agreements (‘prenups’) can be of great help to a couple about to tie the proverbial knot, helping to set ground rules for what will hopefully be a happy marriage. They are generally very flexible documents in which almost any issue can be disposed of – but this does not mean that anything goes,… Read More »
