Broward County Divorce Law Blog

I want to move my case: Proper venue selection in Florida

Broadly, the term “venue” in the legal context refers to the court or courts in which a plaintiff may file a particular kind of lawsuit. Florida has a statute with three distinct bases for determining proper venue, which state courts have repeatedly interpreted in the context of a divorce proceeding.

The Florida venue statute says that a civil action can be filed “only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located,” except if the defendant is a nonresident.

Calculating child support in Florida: Gross-up or just gross?

In divorces where minor children are involved, child support is a key issue. Payment or receipt of child support can make a difference in the parties’ standard of living, which impacts the kind of lives the kids will have, as well.

Florida law is designed to see that a child gets the level of support their parents can afford in combination, even if the marital unit has been broken into two households. As much as possible, the child should not suffer because of a divorce (or when the parents never married). To do this, the legislature has established child support guidelines that calculate the amount of monthly child support presumed to be appropriate.

His credit card, my problem? The incurrence of marital liabilities

Did your spouse run up large credit card bills without your knowledge? Take out a consumer loan without talking to you first? Now that divorce is on the horizon, are you afraid that you might get stuck with some of that debt, which you had nothing to do with?

Should you be concerned? It depends. Debts (and assets) are divided between divorcing spouses based on an “equitable division” standard, which basically means the division should be fair.

Divorce after death in Florida?

Joining an estate to a dissolution proceeding

If a spouse dies during a divorce proceeding, you can imagine the many legal and personal issues that can arise. To answer the above question, it is very rare in Florida to get divorced after one party has died after the divorce was filed, but before the court issues a final order that the parties are divorced.

Stalking and social media: Direct messaging versus public posting

At our law firm, we represent Floridians in seeking or resisting protective orders, also known as restraining orders. These are court orders called injunctions that judges use to order potentially dangerous people to take or refrain from certain actions. Restraining orders often involve allegations of domestic abuse or potential family violence.

For example, the court might order the subject to give up weapons, go to treatment, move out of a residence or take other action, or to refrain from behavior such as staying away from likely victims or not communicating via electronic means or phone.

Does my parenting plan cover acts of God? I pray it does.

At the time of this writing on August 30, Hurricane Dorian is approaching South Florida and Gov. DeSantis has declared a statewide emergency. In Fort Lauderdale, people are busy preparing for potentially dangerous conditions. At the above link, the city website is providing updates and directions to area residents. We send our support and concern out to our clients and the greater community of which our law firm is a part.

Adult support: Florida child support beyond the age of 18

In Florida, child support almost always ends when the supported child reaches age 18. We recently wrote about the power of a Florida court to order child support beyond age 17 for a physically or mentally disabled, dependent adult child whose disabilities began before turning 18.

The court may also order child support beyond age 18 for a dependent child while still in high school and studying in good faith of graduation before age 19, but only until the teen turns 19.

Daddy’s girl

Imputing income based on continuous and regular gifts from parents

In a Florida divorce, a major, relevant factor considered in setting alimony or child support awards is income earned by either party. When we think about what income is, of course, wages and salaries come to mind first. But Florida law allows the courts to consider other sources of money in some circumstances to determine how much income each spouse receives for purposes of available assets that could be used for child or spousal support.

All that glitters isn't gold

Interspousal gifts during a Florida marriage

A gift during marriage from one spouse to the other probably makes the recipient feel like the gift is their own property. It may surprise you to learn that in Florida statute, interspousal gifts during marriage are marital property subject to equitable property division in divorce.

  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
  • The Florida Bar - Board Certified | Marital & Family Law
  • AV(R) Preeminent Martindale-Hubbell(R) Lawyer Ratings
  • Rated By Super Lawyers | Rising Stars Daniel Forrest | SuperLawyers.com
  • Avvo Rating 10.0 Superb | Top Attorney Family
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