Broward County Divorce Law Blog

“It’s the Most Wonderful Time of the Year,” unless …

You are fighting over holiday time-sharing

If you are a divorced Florida parent at odds with your child’s other parent over who will be with the child during the holidays – and how you will handle all the attendant logistical details – you may not know where to turn. This is especially problematic if you and your ex are in an adversarial relationship.

Crazy Christmas

Can the judge force my spouse to take a psychological evaluation?

The holiday season can be magical and satisfying, but it can also produce stress as well as strain on family relationships. With emotions already running high, people may not be on their best behavior. Sometimes, a person’s actions or words may raise concerns about their mental stability.

Grandma got run over by a ... court order?

Limiting a child's contact with nonparty family members in Florida divorce

Florida courts have said that a parent has a state constitutional right to privacy that includes the right to direct the care and control of their child, and that this includes "the right to control visitation with relatives," according to the case In re Temporary Custody of L.M. The U.S. Supreme Court has held that the constitutional rights of parents in this regard severely limit the requests of third parties to visitation with children over parental objections.

“But I hardly even know these people!”

Protecting the financial privacy interests of nonparties to a Florida divorce, part 2

Here we follow up on part 1 of this post in which we introduced the topic of third-party financial information in a divorce proceeding. As we said, it may be possible to have the court seal that data once it has become part of a court record in a divorce if the nonparty can show one of the six allowable reasons for a Florida court to seal information otherwise presumed to be open to public review as a government court record.

“But I hardly even know these people!”

Protecting the financial privacy interests of nonparties to a Florida divorce, part 1

In the course of a divorce, detailed financial information is often necessary to enable appropriate and fair decision-making regarding property division, alimony and child support. Sometimes, a spouse’s business or personal affairs involve third parties.

“Foreign fluency fouls.”

The benefits of translating marital agreements for nonnative English speakers in Florida

People may sign marital agreements for a variety of reasons and Florida law allows premarital, postmarital and marital settlement agreements so long as they meet legal requirements. Overarching all contracts and marital contracts in particular is that to be fair, people should understand what they are agreeing to in order to prevent gross unfairness.

“I can tell the judge HATES me.”

Exploring the legal requirements for the disqualification of Florida trial judges.

It can be disconcerting for a spouse in a divorce trial to get the impression that the judge dislikes them. Even worse, the judge could express outright disdain or anger at the spouse. If a party to a divorce proceeding feels the judge’s bias against them could impact the judge’s decision making in favor of the other party, Florida law provides potential legal remedies.

Halloween – ‘Kaaaaaaaaaaaaaaah!’

The scary implications of codifying Kaaa v. Kaaa for nonmarital property owners, part 2

Yesterday, we introduced the issue of whether and how a Florida judge in a divorce should classify and divide passive appreciation on nonmarital real estate that secured a mortgage paid down with marital funds. As we said, the Florida Supreme Court faced this issue in Kaaa v. Kaaa.

Halloween – ‘Kaaaaaaaaaaaaaaah!’

The scary implications of codifying Kaaa v. Kaaa for nonmarital property owners, part 1

When a spouse brings preowned real estate into marriage, does not add the other spouse to the title and later divorces, the nonmarital property owner may think that he or she will and should get the passive increase in market value when divorce occurs down the road.

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.

  • 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
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