Broward County Divorce Law Blog

When love packs a punch …

Attorneys fees in domestic violence proceedings 

Florida law allows a person who is the victim of domestic violence or who is in real fear of domestic violence to obtain a court order for protection to prevent the perpetrator from having contact with the victim. The Florida Supreme Court has said that if a person files a petition for a certain type of protective injunction, but the petition is not supported by actual events or facts, the defendant may seek to recover legal fees from the petitioner through the court.

His friends say I should drop it

Third-party communication in domestic violence proceedings

Let’s say you are a Floridian whose partner has been violent toward you, your child or another family member or whose spouse’s actions have been so threatening that you were afraid for your safety. You went to court and got a no contact order that says your partner must stay away from you and not contact you directly – or indirectly through a third party.

Who’s to blame when Cupid misses the mark? Florida no-fault divorce

Its Valentine’s Day once more and while those in successful – or new – relationships will celebrate, people in unhappy marriages – or recently divorced – may wonder what went wrong. Sometimes it is obvious. The couple could not survive infidelity, domestic abuse or the stress of bankruptcy or of serious illness or disability. 

“On the Road Again” – Relocation of military ex-spouses, part 2

When the military relocates a divorced spouse who is a service member away from the other ex-spouse, what happens with the kids?

In our last post, we introduced the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), which the Florida legislature adopted effective July 1, 2018. The UDPCVA provides a legal framework for temporary custody, visitation and parental decision-making authority of children during their divorced parent’s military deployment.

“On the Road Again” – Relocation of military ex-spouses, part 1

When the military relocates a divorced spouse who is a service member away from the other ex-spouse, what happens with the kids?

You can imagine a number of different, potentially difficult situations that could evolve when two ex-spouses have minor children and one is deployed into military service. One day, they are living according to the terms of their divorce regarding custody, parental responsibility and visitation. The next day, they learn that because one of them will be deployed away from home, they will not be able to adhere to the parenting plan that was approved in the divorce – whether one negotiated between them or crafted by the judge – to provide parenting arrangements in the children’s best interests.

“Don’t eat that!”

When one parent wants to send (or not send) snacks to school, who prevails?

The answer to this question is not as easy as it would suggest. It depends on a few things. Does the parenting plan incorporated into the final divorce order deal with the issue? Is it of elevated importance to the child’s welfare – do they require frequent or specific snacks because of a medical issue?

“I’m a Survivor” – sang Destiny’s Child

Social Security benefits for a surviving divorced spouse

Or, if you are from an earlier generation that still faces divorce, you might think instead of Donna Summer singing “I Will Survive.” The sentiment is the same no matter your age – that it’s not unusual to feel like you are fighting to survive when a marital relationship is over.

Rule 12.285 - The gift that keeps on giving

Exploring the Florida requirements to produce and supplement mandatory disclosure in divorce proceedings

Now that we have given the gifts we purchased for family and friends in celebration of the holidays, we have a whole year before holiday gift planning begins again. But when it comes to sharing your personal financial information in a Florida divorce, you cannot take a break.

“I Saw Mommy Kissin’ Santa Claus”

Can you keep your ex’s new squeeze from spending time with your children?

Even in an amicable divorce, feelings can be complex when an ex-spouse starts a new relationship. Sometimes, the new boyfriend or girlfriend can have traits that the other ex-spouse finds objectionable, or the new partner may be an acceptable person, but it just does not feel right to have the kids in his or her presence. For any number of reasons, the other ex-spouse may not want this person around the children when they visit their other parent.

Santa can you buy me a mansion?

Evaluating competing homes for visitation purposes in Florida

When a couple separates or divorces, sometimes the standard of living may change if there are not assets and income to support the same lifestyle – times two. That does not necessarily mean that the standard of living is problematic for either ex-spouse going forward, but it can mean an adjustment.

  • 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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