When any civil lawsuit is filed in Florida, the Florida Rules of Civil Procedure dictate how the papers must be delivered to the opposing party (respondent). Divorces fall under the civil lawsuit category. The process for delivering legal papers is called Service of Process. If you don’t follow the rules of service properly, your case […]
Why January is “Divorce Month”
New Year, New You? January has become known as “divorce month”. Not only do the number of divorces nationwide spike in January, but the number of online searches for divorce and divorce-related terms also spike in January and continue through March, with a peak in late March. (Perhaps March should also be titled “divorce month” because […]
Does Domestic Violence Have an Effect on Divorce?
If you are in an abusive marriage, then yes, domestic violence can affect your divorce. Here’s how. Florida is a no-fault divorce state. That means that people wishing to divorce don’t have to provide any reason other than “irreconcilable differences” — in other words, that they simply don’t want to be married anymore. Since by law […]
Divorce During the Holidays – Good or Bad Idea?
The holidays are upon us once again. If you’ve been living with an unhappy marriage and thinking about filing for divorce, you may be dreading another holiday season, wondering if you can make it through another one with your spouse. Or perhaps you’re wondering if waiting till after the holidays would be better for your […]
The Difference Between Shared Parenting and Joint Custody
As you probably know by now, Florida law has done away with the terms “child custody”, “custodial parent”, “primary residence” and “visitation” (among others) as they relate to divorced couples with children, and it has replaced the old terms with these new ones: “parenting plans”, “parental responsibility”, and “timesharing”. This isn’t a new change — […]
DA Will Not Charge FSU Law Prof’s In-Laws with Murder
In a previous post, we updated you on the murder case involving Florida State University law professor Dan Markel. In July 2014, Markel was murdered execution-style while sitting in his car at his Tallahassee home. Two men have been charged with Markel’s murder: 34-year-old Sigfredo Garcia and 33-year-old Luis Rivera. They will stand trial in […]
Careful, that Social Media Post Could be Used Against You in Your Divorce
“Anything you [post] can and will be used against you in a court of law.” Are your social media posts immune from divorce court? Nope. While it may feel like an invasion of your privacy, since so many Americans are active on social media platforms like Facebook, LinkedIn, Twitter, and Instagram, social media sites have become a […]
FSU Law Prof’s Death Tied to Ex-Wife’s Family
Florida State University College of Law Professor Dan Markel was tragically murdered execution-style while sitting in his car in his Tallahassee home’s garage nearly two years ago on July 18, 2014. Until recently, it’s been a mystery who shot Professor Markel. But now, authorities have released evidence that the murder may have been related to […]
New Process for Divorcing Couples Made Law – the Collaborative Process
On April 24, 2016, Governor Rick Scott signed into law SB 972/HB 967, the Collaborative Law Process Act, which allows divorce and other family matters to be resolved outside of court. According to Next Generation Divorce, the Collaborative Process is: a unique form of dispute resolution where clients and their attorneys agree that all money, […]
Update on Permanent Alimony in Florida
This month, Florida Governor Rick Scott vetoed an alimony reform and child custody bill. You can read a summary of what Senate Bill 668 proposed here. Though very controversial, SB 668 was passed by the Florida legislature, 24-14 in the Senate and 74-38 in the House. But this wasn’t the first time Governor Scott had […]