As a Florida family law lawyer, I have been noticing a mad dash by people trying to obtain a “springing” Medical Power of Attorney (POA) because of the new law taking effect on October 1, 2011. A “springing” Medical Power of Attorney is one that is created when the person…
As a Florida child custody attorney, I often see families that are having to learn to live separately. Roughly one out of every four fathers lives separately from a child. According to the Pew Research Center, education is a large indicator of whether a father will stick around and be…
As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce. In short, yes, parents can change their timesharing agreement. However, if the parents disagree about the modification, the standard under Florida Law is often difficult to satisfy. After a…
Timesharing disputes often conclude where one party is granted majority timesharing of a child, while the other is issued a court order to pay child support each month. The effect of the court order is a legal obligation for the minority timesharing parent to make monetary payments to the majority…
Morality clauses used to be popular in the South. These clauses were included in a Judge’s divorce order and usually required one or both of the divorcing parents to take some action (or refrain from taking some action). For example, a common morality clause was to require that a woman…
A recent study suggests that video games are increasingly being blamed for many divorce cases. Apparently, 15% of wives who cite unreasonable behavior for ending marriage have cited gaming as the cause. This number is much higher than five years ago. One of the games cited by Divorce Online (the…
You’ve probably heard the concept of “joint custody” in divorce cases. You might think this means that parents share custody of their children equally, with each parent having custody time similar to equal to the other parent. There’s a problem with this idea, however: “joint custody” does not exist in…
Florida is a “no fault” divorce state, meaning that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Florida courts are not concerned with which party played the greater…
When deciding whether to grant alimony in a divorce case, Courts consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation. Generally, the shorter…
Under current law, if parents of a child are living apart, the parents have to create a parenting plan that must also be approved by the court. The plan generally must outline the parents’ responsibilities and time-sharing rules. If a parent wishes to change the plan, the parent must generally…