Divorce

in Child Relocation, Divorce

My divorce case is already pending, can I ask the court to let me relocate with my kids?

A Florida appellate court recently provided guidance on amending petitions in ongoing divorce cases, particularly regarding relocation with children. While you can request to amend your divorce petition to include relocation plans, there are certain considerations the court will take into account. First, the timing of the amendment request is crucial. The court tends to […]

in Child Custody and Time-Sharing, Divorce, Paternity Actions

Can a mother deny the father visitation?

A mother in Florida cannot unilaterally deny the father visitation rights unless there are specific, court-ordered reasons to do so. Our laws typically favor both parents having a relationship with their child, as reflected in Florida’s timesharing statute. If the parents have a court-approved parenting plan, both must adhere to it. If a mother believes […]

in Divorce

Is dating during separation adultery?

Generally speaking, dating during separation is not considered adultery in terms of how it affects things like alimony. Florida courts look at economic factors when deciding on alimony, not whether someone dated or committed adultery. The Florida Supreme Court has said that for something like adultery to affect alimony, it has to have an economic […]

in Divorce, Property and Asset Distribution

Can I get half of my husband’s Social Security if we divorce?

In Florida, disability benefits, including Social Security disability benefits, are not subject to equitable distribution in a divorce. This means that if your husband receives Social Security disability benefits, you would not be entitled to half of these benefits in a divorce. Disability benefits are seen as a substitute for future lost income rather than […]

in Child Custody and Time-Sharing, Contempt and Enforcement, Divorce, Paternity Actions

When can you deny timesharing to the non-custodial parent?

In Florida, the decision to deny visitation to a parent is taken very seriously. The primary concern is always the welfare and best interests of the children. If the court finds that the children’s safety or emotional well-being is at risk, it may consider limiting or denying timesharing rights to the non-custodial parent. This is […]

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