As an attorney practicing in the state of Florida, it is essential to comprehend the requirements and legal precedents surrounding the homestead exemption. This exemption is a crucial aspect of Florida’s property tax law, designed to protect homeowners and provide significant tax relief. Recently, an advisory opinion issued by the Florida Attorney General clarified some […]
Personal injury protection (PIP) insurance is mandated by Florida state law, and its benefits are disbursed through your insurance provider. What is PIP Insurance? PIP, which stands for “personal injury protection,” is a type of insurance that compensates you for personal injuries sustained in a car accident. This coverage applies regardless of who is at fault […]
Every family law practitioner in Florida and anyone considering a divorce is once again waiting on the Governor’s decision. Last year, Governor DeSantis let a bill die on his desk on July 1, 2022, which would have altered and removed permanent periodic alimony. This year, all eyes are on Senate Bill 1416 to see if […]
An uncontested divorce typically takes about 6-10 weeks after both spouses have signed and filed all necessary documents with the court. In contrast, a contested divorce can last anywhere from 40 days to several months or even years, depending on whether it goes to trial. The type of divorce significantly impacts its duration. A simplified […]
Usually, the decision to divorce is known or even made by both spouses. Their ability to cooperate largely determines whether the process will be smooth and inexpensive or stressful and costly. However, there are situations where only one person wants to end the marriage and has no way to communicate this to their spouse because […]
A top-priority measure from the Family Law Section designed to bring more uniformity to divorce proceedings is moving forward in the Senate. The Senate Rules Committee unanimously approved SB 534, introduced by Republican Sen. Erin Grall, a family law attorney from Vero Beach. “Senate Bill 534 acknowledges the complexities in divorce proceedings and addresses conflicting […]
Navigating the discharge of family court obligations in bankruptcy can be complex due to the interplay between the U.S. Bankruptcy Code and state laws. This article provides a detailed look at the relevant sections of the Bankruptcy Code and explains how courts determine whether these obligations are dischargeable. Although bankruptcy law governs the dischargeability of […]
Navigating a divorce can be both emotionally and financially challenging. A critical aspect of this process is understanding the implications of attorney’s fees. In Florida, there have been significant developments in this area, particularly highlighted by the landmark case of Rosen v. Rosen. This article delves into the complexities of attorney’s fees in Florida divorces, […]
In Florida, a defendant cannot be held in contempt for failing to pay debts not related to support. Property division awards are not enforceable by contempt; instead, they are treated as creditor-debtor issues. Default interest payments on equitable distribution awards, which are nonsupport-related debts, also cannot be enforced by contempt. Florida family law rules permit […]
In Florida, a court may award attorney’s fees to a party involved in any proceeding under Chapter 61. Chapter 61 encompasses actions such as dissolution of marriage, enforcement, modification, separate maintenance, time-sharing, support, and appellate proceedings. The fundamental purpose of awarding attorney’s fees is to ensure both parties in a family law proceeding can afford […]