Family Law

Mediation is an informal conference between the parties and a neutral 3rd party (mediator) who tries to get the parties to find a middle ground to settle. If you settle at mediation, you typically sign the agreement on the spot. It is binding immediately. There is no buyer’s remorse. From that point, you can have a short final hearing or…

If you accrued funds into your 401(k) during your marriage, those funds are considered marital property and hence your spouse is entitled to a credit for one-half of them. However, if you had funds in a retirement account prior to your marriage, the amount in the 401(k) at the time of your marriage is considered separate. Practically speaking if you…

The party who relocates with the child without either written consent of the other party or the the Court, is subject to contempt, the return of the child, and attorneys fees. The Court may also modify the parenting plan in effect.

The Judges dislike allowing a child to testify but if the child is of the sufficient age and intelligence, the Court can allow the child to testify. There is no bright line age. I’ve had children at age 9 testify. It all depends on their maturity. A child’s preference is a factor listed as one that the Court should consider…

No, you can dismiss a divorce action at any time. You may have to obtain court approval if a final hearing has been scheduled, but generally you can dismiss it at any time.

Assuming you don’t approve of him going to the club and you didn’t go with him, you can make the argument that the debt is his separate debt since it was incurred for a non-marital purpose. The Court could allocate that debt to him and him alone. Keep in mind though that if it is a joint credit card, the…

Generally, law enforcement will not become involved in a custody battle even if your documents indicate otherwise. You must file a Motion for a PickUp Order with the Court. Once the Order is entered, you bring the Order to Law Enforcement. They will then facilitate the return of your daughter. You also have the option of filing a Motion for…

Escambia County Parenting Plan

I’m asked quite frequently “Who gets the dog?” The truth- in Florida pets are treated as personal property. One party will receive ownership of the pet and the other will not. The other will not get visitation rights. The courts do however look at who bought the dog, who named it, who walked it to name a few of the…

In Florida, all divorce proceedings are held before a Judge or General Magistrate, not a jury.