Understanding the Importance of Full Participation in Child Support Proceedings

A young boy’s visit to his father in Florida turned tragic after a nighttime fishing trip. Following an enjoyable evening on one of Florida’s many fishing bridges, the father and son were headed home around 11 p.m. in a car owned by the father’s wife. Along the way, a collision occurred when another vehicle turned in front of them. The crash, partly attributed to the father’s speeding and driving without headlights, left the boy with a traumatic brain injury after he was thrown into the dashboard. Despite clear evidence of negligence, the stepmother’s insurer refused to settle the claim, leading to protracted litigation. Ultimately, the insurer was found to have acted in bad faith when a verdict far exceeded the policy limits. Unfortunately, the child may never receive full compensation for his injuries due to Florida’s doctrine of parental immunity.

The Origins of Parental Immunity

Parental immunity, unlike interspousal immunity rooted in English common law, originated in the United States. The Mississippi Supreme Court first articulated the doctrine in Hewellette v. George (1891), barring a minor child from suing her mother. The court reasoned that family harmony and societal peace necessitated such immunity.

Florida adopted this doctrine in Orefice v. Albert (1970), where the court barred lawsuits between children and their parents to safeguard family resources and relationships. This stance emphasized the preservation of “family harmony and resources” as paramount.

Challenging the Doctrine: Ard and Waite

In Ard v. Ard (1982), the Florida Supreme Court revisited parental immunity. The case involved a mother whose negligent actions placed her infant son in harm’s way, resulting in severe injuries. Acknowledging the historical policy goals of the doctrine, the court recognized that the widespread availability of liability insurance had changed the landscape. It ruled that parental immunity should be waived to the extent of available insurance coverage, as such cases no longer threatened family assets or harmony.

Similarly, in Waite v. Waite (1993), the court struck down interspousal immunity, citing shifting societal norms and the trend among other states to abandon the doctrine. These cases signaled cracks in the armor of absolute family immunities.

The Role of Liability Insurance and Public Policy

The evolution of liability insurance reshaped how courts view family immunity doctrines. States that have abrogated or limited parental immunity often emphasize that insurance coverage eliminates the adversarial nature of intra-family lawsuits. Instead of depleting family resources, compensation flows from the insurer. At least 24 states have moved to fully or partially abolish parental immunity, permitting lawsuits where a parent’s negligence caused injury to their child.

Florida, however, has yet to take this step.

Stepparents and Parental Immunity

The case of the injured boy raises another question: should parental immunity extend to stepparents? Florida law has historically drawn distinctions between parents and stepparents in various contexts, such as probate and child welfare statutes. Courts in other jurisdictions have generally declined to extend parental immunity to stepparents unless they stand in loco parentis to the child. This nuanced approach reflects an understanding that the stepparent’s role may differ significantly from that of a natural or adoptive parent.

Insurer Bad Faith: A Compelling Exception?

Florida law imposes a duty of good faith on insurers to fairly evaluate and settle claims within policy limits. When an insurer acts in bad faith, it becomes liable for damages exceeding those limits. The doctrine of parental immunity, however, can shield insurers from bearing full responsibility for such damages, even when their bad faith has exacerbated the harm.

In cases like Allstate v. Sutton (1998), Florida courts have recognized that bad faith determinations can expose insurers to liabilities beyond policy limits. Extending this principle to parental immunity would serve public policy goals. If bad faith by an insurer results in full compensation for a child’s injuries, family resources remain intact, and family harmony may be preserved.

The Path Forward: Abrogation or Reform?

The rationale for parental immunity—protecting family resources and harmony—diminishes when liability insurance is involved. Rather than fostering family unity, the doctrine can hinder justice and discourage insurers from handling claims in good faith. Florida should join the growing number of states that have either abolished parental immunity or created exceptions in cases involving insurer bad faith. Such a step would align with modern legal and societal values, ensuring that children injured by parental negligence receive fair compensation while holding insurers accountable for their actions.

By retaining this outdated doctrine, Florida risks enabling insurers to act in bad faith without consequence. Reform is necessary to ensure justice for injured children and to promote ethical claims handling practices within the insurance industry.

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Understanding Shared Parental Responsibility, Equitable Distribution, and Marital Debt in Florida Divorce Cases

The recent decision in Matthew Jay Ouslander v. Olena Ouslander provides valuable insight into how Florida courts address issues of parental responsibility, time-sharing, marital debt, and equitable distribution during a divorce. Here are the key takeaways from the case, explained in plain language:

1. Shared Parental Responsibility and Time-Sharing

The trial court awarded shared parental responsibility and equal, unsupervised time-sharing between the parents. The appellate court affirmed this decision, emphasizing that credibility determinations between the parents are within the trial court’s discretion. This means that when one parent claims something contrary to the other, the trial judge decides whose testimony to believe, and appellate courts will not second-guess that decision.

2. Marital Debt and Investment Losses

The former husband argued that the court should have assigned the marital debt for the former wife’s investment activity losses solely to her. However, the appellate court pointed out that marital assets and debts are typically shared equally, even when one party’s decisions might have been financially risky or imprudent. Florida law requires both parties to share in both the profits and the losses of the marriage.

3. Equalizing Payments and Debt Allocation

The trial court required the former husband to make an equalizing payment for equitable distribution rather than paying off the former wife’s credit card debt from the proceeds of selling the marital home. The appellate court upheld this decision, clarifying that while courts can allocate marital debts during equitable distribution, they cannot adjudicate (resolve) a debt itself in a dissolution judgment.

What This Means for You

This case highlights the importance of understanding how Florida courts approach credibility, equitable distribution, and debt allocation in divorce proceedings. Courts have wide discretion in making these decisions, and their rulings will only be overturned on appeal if they represent an abuse of that discretion—which is a high legal standard to meet.

How Attorney Gabriel J. Carrera Can Help You

Divorce and family law matters can be emotionally and financially overwhelming, especially when issues of time-sharing, parental responsibility, and division of debts and assets arise. Attorney Gabriel J. Carrera has over 17 years of experience in Florida family law, helping clients navigate these challenging situations with clarity and confidence. Whether you’re seeking a fair distribution of marital assets, defending your parental rights, or addressing marital debts, Gabriel can advocate for your best interests. Contact him today at 954-533-7593 or email [email protected] for a consultation. Let Gabriel help you protect your rights and achieve the outcome you deserve.

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Too Little Too late!

New Legal Decision: Thomas v. Li – Domestic Violence Injunction Reversed

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On July 17, 2024, the Fourth District Court of Appeal (DCA) of Florida issued a significant ruling in Thomas v. Li (4D23-1437), reversing a previously granted permanent injunction for protection against domestic violence. This ruling has substantial implications for the interpretation and enforcement of domestic violence injunctions in South Florida.

Case Background:

In October 2022, Caitlin Linglong Li filed a petition for an injunction for protection against domestic violence against her then-husband, Douglas Joseph Thomas. Li’s petition was based on several troubling incidents:

  • October 15, 2022: During a trip to the beach, Thomas allegedly “hip-checked” Li to prevent her from sitting in the front seat of their car.
  • At Home: After returning from the beach, Thomas threw ten kitchen knives into the shower where Li was, allegedly saying, “Here, if you want to do damage, do damage.” Thomas claimed he did this to shock Li out of cutting herself, which he believed she was doing.
  • Loaded Gun Incident: Thomas placed a loaded gun in front of Li and told her, “If you really want to hurt yourself, here’s something to do it with.” He left the house, expressing his hope that she would be dead upon his return. Li testified that she disassembled the gun and spread its parts around the house.

Li moved out of their marital residence two days later and did not seek an injunction immediately. Thomas moved to South Carolina in December 2022, and Li only returned to the marital home in early 2023, where she found disturbing notes and writings left by Thomas. Despite these events, Li did not file for an injunction until several months later.

Court’s Analysis and Decision:

The Fourth DCA found that the evidence presented was insufficient to sustain the injunction, highlighting several critical points:

  1. Remoteness of Incidents: The court noted that the incidents described by Li occurred in October 2022, while the injunction petition was filed in early 2023. The court determined that these incidents were too remote to justify a belief in imminent danger.
  2. Separation and Lack of Contact: The couple had been living separately for several months before the filing. Thomas had moved to another state, and there had been no physical contact or recent threats. The court emphasized that physical separation and lack of recent interactions weaken claims of imminent danger.
  3. Nature of Communications: Thomas’s emails, although described as vindictive and angry, primarily expressed his emotional turmoil over the separation and did not contain explicit threats or indications of violent intent.

The Fourth DCA ruled that the trial court had abused its discretion by granting the injunction without sufficient evidence of imminent danger or ongoing threat. The court underscored that for an injunction to be upheld, there must be competent and substantial evidence showing a current threat of domestic violence, which was absent in this case.

Implications of the Ruling:

This ruling clarifies the standards for obtaining a domestic violence injunction in Florida. Petitioners must provide timely and convincing evidence of immediate or ongoing threats to justify such protective measures. The decision serves as a precedent that actions considered too remote or lacking corroborative recent evidence may not fulfill the legal requirements for an injunction.

Need Legal Assistance?

If you or someone you know is facing domestic violence issues, it is crucial to understand your legal rights and options. As a practicing attorney in South Florida, I specialize in domestic violence law and am dedicated to providing compassionate and effective legal support. For a free case evaluation, please contact Attorney Gabe Carrera at 954-533-7593 or email [email protected]. Your safety and well-being are my top priorities.

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Understanding Equitable Distribution in Florida

Equitable Distribution Defined

Equitable distribution is a legal principle in Florida that governs the division of assets and liabilities during a dissolution of marriage. Codified in 1988, this statute has fundamentally shaped how marital property is treated in divorce proceedings. Before this codification, case law primarily dictated the division of assets, but the introduction of Section 61.075 brought about significant changes, particularly in how real estate and personal property are handled.

Key Changes and Principles

One of the most notable changes introduced by Section 61.075 is the treatment of real estate held as tenants by the entireties. According to the statute, transferring premarital real estate into entireties ownership presumes that the property should be equitably distributed upon divorce. This is a shift from previous case law, such as Ball v. Ball, where the property remained nonmarital unless a gift was intended. The burden of proof now lies with the donor spouse to show that no gift was intended, marking a significant departure from prior legal standards.

The statute has undergone several amendments to clarify the burden of proof regarding the gift presumption and to extend this presumption to both personal and real property. Additionally, provisions have been added to allow for interim distribution of marital assets in extraordinary circumstances and to revise the coverture formula for determining the marital share of passive appreciation of nonmarital property.

Categorization and Division of Assets

Under Section 61.075, assets and liabilities are categorized into two types: marital and nonmarital. The statute defines what falls under each category and establishes presumptions to assist in this categorization. The court’s process involves identifying, valuing, and dividing these assets and liabilities.

Procedural Guidelines

The equitable distribution process is described in detail in Fla. Stat. § 61.075(1) and (3). It involves several steps:

  1. Identification of Assets and Liabilities: Each spouse’s nonmarital assets and liabilities are set apart. Marital assets and liabilities are identified and valued.
  2. Initial Equal Division Presumption: The court begins with the presumption that the distribution should be equal unless justified otherwise based on various relevant factors.
  3. Factors for Unequal Distribution: These factors include contributions to the marriage, economic circumstances, duration of the marriage, career interruptions, contributions to each other’s careers, retention of business interests, contributions to income and liabilities, the desirability of retaining the marital home, intentional dissipation of assets, and other relevant factors necessary to ensure equity and justice.
  4. Factual Findings Requirement: Any contested distribution must be supported by factual findings based on competent, substantial evidence, detailing the identification and valuation of assets and liabilities, and the rationale for the distribution.

Conclusion

Equitable distribution in Florida ensures a fair division of marital assets and liabilities during a divorce, guided by a comprehensive legal framework that considers various factors to achieve just outcomes. This statutory approach provides clarity and predictability in the dissolution of marriage proceedings, helping to safeguard the interests of both parties involved.

Why Hire Attorney Gabriel J. Carrera?

Navigating the complexities of equitable distribution requires expert legal guidance. Attorney Gabriel J. Carrera has extensive experience in Florida family law, ensuring that your rights and assets are protected. With a deep understanding of the nuances of equitable distribution, Gabriel J. Carrera will advocate for your best interests, providing personalized and effective legal representation.

Contact Attorney Gabriel J. Carrera today at 954-533-7593 or [email protected] to schedule a consultation and secure the expert legal assistance you deserve.

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Safeguarding Your Future Together: The Rise of Postnuptial Agreements in Florida

In the sunny state of Florida, where love often blossoms and thrives, couples are increasingly turning to postnuptial agreements as a safeguard for their assets and peace of mind. A postnuptial agreement, also known as a postmarital agreement, is a legal contract that spouses enter into after tying the knot. It outlines the division of assets in the event of a divorce or separation, offering a layer of financial protection and clarity.

While similar to a prenuptial agreement, which is created before marriage, a postnuptial agreement is crafted during the marriage. Here’s why many Floridians are choosing this option:

  1. Asset Protection: Couples can shield assets they’ve brought into the marriage, such as property, investments, or valuable possessions. A postnuptial agreement ensures these assets remain separate in the event of a divorce.
  2. Financial Clarity: By clearly defining each spouse’s financial responsibilities, including bill payments, joint account management, and contributions to the household, postnuptial agreements help prevent money-related conflicts down the road.
  3. Addressing Infidelity: Some couples include clauses that specify consequences for infidelity, such as forfeiting certain assets or rights in the event of a divorce.
  4. Safeguarding Business Interests: For couples with business ownership, a postnuptial agreement can protect those interests, outlining how the business will be divided or allowing one spouse to buy out the other’s share.
  5. Estate Planning: Postnuptial agreements can be a crucial component of estate planning, ensuring assets are distributed according to the couple’s wishes in the event of their passing.

In Florida, postnuptial agreements are legally enforceable as long as they meet specific requirements, such as being in writing, signed by both spouses, and containing full disclosure of each spouse’s financial situation. It is advisable for each spouse to have independent legal representation to ensure the agreement is fair and legally binding.

If you’re considering a postnuptial agreement to safeguard your future together, don’t hesitate to contact Attorney Gabriel Jose Carrera at 954-533-7593 or [email protected]. With his expertise and experience, Attorney Carrera can help you create a postnuptial agreement tailored to your unique needs and circumstances.

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Navigating Florida’s Prenuptial Agreements: What You Need to Know

In the past, prenuptial agreements were frowned upon, viewed as catalysts for divorce. However, times have changed, and all 50 states now recognize the benefits of these premarital contracts. Instead of encouraging divorce, they empower couples to take control of their financial destiny should their marriage end. Florida, like other states, has its own set of rules governing these agreements. This article will guide you through Florida’s definition of a prenuptial agreement, its contents, and the factors that make it legally binding.

What Is a Prenuptial Agreement in Florida?

In Florida, a prenuptial agreement is known as a “premarital agreement.” It’s a contract between two people planning to marry that outlines how specific issues, such as alimony and property division, will be handled in the event of a divorce. Essentially, the agreement is a trade-off for the act of marriage with certain financial terms.

Who Should Consider a Prenuptial Agreement?

There are numerous reasons why you might want to consider a prenuptial agreement. It’s no longer just for the ultra-wealthy; many couples now use these agreements to ensure financial stability and predictability. People who may benefit from a prenuptial agreement include those who:

  • Own assets they want to protect from division during a divorce
  • Have children from a previous relationship and want to secure their inheritance
  • Own business interests they wish to keep separate from their spouse’s assets
  • Want to determine in advance if one spouse will pay the other alimony during separation or divorce

What Can a Prenuptial Agreement Cover in Florida?

In Florida, a prenuptial agreement can cover any issues that don’t violate the law or public policy. Typically, these agreements address each spouse’s financial rights and obligations during and after the marriage. Common topics include:

  • How property will be managed and controlled during the marriage
  • How property will be divided in the event of divorce, death, or other circumstances
  • Whether one spouse will pay the other alimony during separation or divorce, and if so, the amount and duration
  • How retirement plans and pensions will be handled
  • The distribution of life insurance policy proceeds
  • Whether either spouse is required to create a will to enforce the agreement’s terms
  • Which state’s laws will be used to interpret the agreement if necessary

Can a Prenuptial Agreement Determine Child Custody and Support in Florida?

In Florida, a prenuptial agreement cannot affect child custody or child support. Courts must calculate child support based on the parents’ current financial abilities and the child’s needs at the time of separation or divorce. Child support is considered the child’s right, and parents cannot waive their obligation to pay it. Similarly, judges determine child custody based on the child’s best interests at the time of separation or divorce. If parents wish to agree on child support or custody, they can do so at the time of divorce or separation, subject to court approval.

How Can You Ensure Your Prenuptial Agreement Is Enforceable in Florida?

Florida adopted the Uniform Prenuptial Agreement Act (UPAA) in 2007 to determine the enforceability of prenuptial agreements. For an agreement to be enforceable:

  • It must be in writing and signed by both spouses
  • It takes effect when the couple marries

A prenuptial agreement may be unenforceable if a spouse proves:

  • They did not sign the agreement voluntarily
  • The agreement was signed due to fraud, duress, or coercion
  • The agreement was unconscionable (“unreasonably unfair”) when signed, and the challenging spouse:
    • Was not given a fair and reasonable disclosure of the other spouse’s financial circumstances
    • Did not waive in writing the right to receive a fair disclosure of the other spouse’s assets and debts
    • Did not have or could not reasonably have had knowledge of the other spouse’s financial circumstances

To prove that a prenuptial agreement was not signed voluntarily, the challenging spouse must show they either did not sign the agreement at all or only signed it due to fraud, duress, or coercion. For example, a judge may find an agreement unenforceable due to fraud if one spouse hid assets from the other when they signed the agreement.

If you need assistance with your prenuptial agreement or have questions about Florida’s laws, don’t hesitate to contact Attorney Gabriel Jose Carrera at 954-533-7593 or [email protected].

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Florida’s Alimony Landscape Could Change Drastically: What You Need to Know

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 it will pass into law or face the same fate.

What Changes Does Senate Bill 1416 Propose?

The bill addresses several key areas: it aims to eliminate unforeseen changes in modifications, provide a clearer definition of supportive relationships, and most notably, reform alimony laws. If signed into law, SB 1416 would bring significant changes to alimony in Florida, ending permanent alimony and introducing a new approach focused on fairness, individual circumstances, and encouraging self-sufficiency.

These changes are poised to reshape divorce settlements and alimony awards. This blog will explore the critical alimony changes introduced by SB 1416 and what they could mean for you, whether you’re contemplating divorce, currently in the process, or considering modifying your existing alimony arrangement.

The End of Permanent Alimony in Florida

One of the most significant changes in SB 1416 is the elimination of permanent alimony. Instead, Florida will recognize four types of alimony:

  • Temporary
  • Bridge-the-gap
  • Rehabilitative (with a new maximum duration of 5 years)
  • Durational

These types of support can be awarded as lump-sum payments or periodic installments, depending on the specifics of the case.

New Considerations in Alimony Awards

The proposed law introduces several additional factors for courts to consider when determining alimony. Courts must now provide a finding of fact not only for the type of alimony awarded (if any) but also the basis for its duration. The bill codifies existing case law by establishing that the burden of proof for need and ability to pay rests on the party seeking alimony. Additionally, it specifies that securing alimony with life insurance requires special circumstances.

Courts must also consider the anticipated needs and necessities of life post-litigation, not just the lifestyle during the marriage. Factors such as a party’s mental health (whether permanent or temporary), their ability to gain skills or education for self-support, and the economic consequences of adultery are now included in the considerations.

Implications for Alimony Seekers

If you’re seeking alimony, you might need to provide substantial evidence of your need for support. The bill does not change or clarify the definition of “need,” which remains a point of contention among District Courts (a potential issue for the Supreme Court to address). Unless you are of retirement age or unable to work, you will likely be expected to seek employment, supported by medical records or expert testimony if you claim incapacity.

Changes to Durational Alimony

The new law also revises the structure of durational alimony. It cannot be awarded in marriages lasting less than three years. The duration of alimony is now capped at 50% of a short-term marriage (less than 10 years), 60% of a moderate-term marriage (10-20 years), and 75% of a long-term marriage (over 20 years).

For the first time, a formula for calculating the amount of alimony is introduced. Previously, courts had broad discretion as long as the payor was not left destitute. Now, durational alimony is determined by reasonable need or up to 35% of the difference between the parties’ net incomes, whichever is less.

Fort Lauderdale & Miami Alimony Attorney

The potential introduction of SB 1416 marks significant changes in Florida’s alimony landscape, emphasizing fairness and self-sufficiency while acknowledging the financial needs post-divorce. Understanding these changes and how they apply to your situation can be complex.

Maria Indelicato, a family law attorney at Aaron Delgado & Associates, is here to help. With extensive knowledge and experience in Florida family law, Maria can provide insights into these reforms, their potential impact on your case, and guide you through your family law matters with compassion and expertise.

Don’t navigate these significant changes alone. Reach out to Maria for the legal advice and support you need during this transitional time. Contact Maria today to schedule a consultation and begin the process of understanding and addressing your unique family law needs.

My name is Attorney Gabriel Carrera, and I am here to help you. Call my law firm to set up a free 15-30 minute consultation to review your case and get a quote. Please call 954-533-7593 to take the first steps toward your dissolution of marriage!

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Navigating the Florida Divorce Process: Timelines and Tips for a Smooth Separation

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 divorce is usually straightforward and quick, while a contested divorce often requires more time, emotional investment, and financial resources.

Residency Requirements for Divorce in Florida

Regardless of the type of divorce, one or both spouses must meet the residency requirements to initiate the legal process. This means residing in Florida for at least six months before filing.

Florida Divorce Waiting Period

Florida divorce laws mandate a 20-day waiting period after filing, during which the responding spouse has an additional 5 days if mailed via USPS. Known as the “mailbox rule,” this period allows spouses to reconsider their decision to end the marriage and attempt reconciliation.

How Long Does the Divorce Process Take?

The average time to finalize a divorce varies based on the type of dissolution:

Simplified Divorce: Approximately 30 days.

Uncontested Divorce: Up to 4 months.

Contested Divorce: From 9 months and longer.

Mediated Divorce: Around 5 months on average.

Every couple filing for divorce in Florida aims to complete the process as quickly and smoothly as possible. However, factors such as disagreements over property division or child custody can delay proceedings, sometimes extending the timeline beyond a year.

Simplified Divorce Timeline

A simplified divorce usually takes about 30 days, not including the time spent preparing the necessary forms. To qualify for a simplified divorce in Florida, spouses must meet these criteria:

Agree to the simplified divorce process

Meet the residency requirements (reside in Florida for at least 6 months before filing).

Have no children together (and the wife must not be pregnant).

Waive alimony.

Pre-arrange the division of marital property.

Once both spouses sign and file the petition and related financial documents, the court will set a hearing date at least 20 days later. If the paperwork is correctly completed, the court will dissolve the marriage.

Contested Divorce Timeline

A contested divorce in Florida can take several years and involves significant judicial intervention. The process typically includes the following steps:

Filing the petition to start the divorce proceedings

Serving the spouse, which can take up to 3 weeks.

The defendant’s answer, due within 20 days.

Financial disclosure, which can take about 3 months.

Mediation, usually occurring around 5 months after filing.

Final hearing, approximately 5-6 months after starting the case.

Delays in financial disclosures and testimonies are common strategic defenses used to increase attorney fees, postpone child support payments, or hide assets.

Uncontested Divorce Timeline

An uncontested divorce in Florida generally takes 2-3 months, based on the spouses’ willingness to cooperate and reach a mutually beneficial agreement. To file for an uncontested divorce, both parties must agree on key issues like property division, child custody, and spousal support. This process may take about 3 weeks to prepare. After filing, the waiting period for the final hearing begins, which usually does not exceed 3 months. Typically, uncontested divorces are finalized within 4 months.

Divorce with Children in Florida

When a divorce involves children, the process can proceed in two ways:

Uncontested Divorce: If the parties agree on custody, child support, and parenting plans, the procedure takes less than 4 months.

Contested Divorce: If there are significant disagreements on child-related issues, the divorce can take from six months to several years, depending on the case details.

Finalizing the Divorce

A divorce is considered final after the court issues a divorce order at the final hearing. In uncontested divorces, the final hearing occurs about 6-8 weeks after the process starts. For contested divorces, it often takes 5-6 months to schedule the final hearing. The hearing itself can be brief or last several hours, depending on the issues to be resolved.

Tips for a Quick Divorce in Florida

To expedite the divorce process, spouses should:

Ensure that all divorce documents are correctly filled out.

Cooperate to reach a mutually beneficial agreement.

Ensure the agreement complies with local legislation.

Monitor the court’s workload.

Amicably resolving issues related to property division and child custody is crucial for a fast divorce. Simplified and uncontested divorces can be finalized quickly (1-4 months), while contested divorces may take years.

How to Get a Quick Divorce in Florida

Divorce cases in Florida can be lengthy, often deterring spouses from ending their marriage. The main reason for delays is the inability to agree on key issues, leading to numerous court hearings, which are costly and stressful.

Spouses often lack knowledge of the divorce process and may struggle with completing divorce papers. Using online services can help at the beginning, but only a licensed attorney can represent you in court and fix any mistakes. With the right set of forms and instructions, the process becomes more manageable.

My name is Attorney Gabriel Carrera, and I am here to help you. Call my law firm to set up a free 15-30 minute consultation to review your case and get a quote. Please call 954-533-7593 to take the first steps toward your dissolution of marriage!

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Can’t Find Your Spouse? Here’s How to Get a Divorce in Florida by Publication!

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 they cannot be found. Are there options for a missing spouse divorce in Florida?

Fortunately, yes. The absence of one spouse doesn’t make the dissolution of marriage impossible. In such cases, you can file for divorce by publication.

What Is Divorce by Publication?

Divorce by publication involves notifying your spouse about the initiation of the divorce process through a newspaper publication. Normally, the process of service requires handing over paperwork to the other party for their response. However, when a spouse cannot be found, the petitioner can make a divorce announcement in a newspaper. This is considered a “last resort” and is granted by courts only under special conditions.

Who Qualifies for Divorce by Publication?

Not everyone can qualify for a divorce through publication. Simply stating that you don’t know where your spouse is will not be sufficient. You will need to receive permission from the court and provide evidence that you have done everything possible to locate your spouse. This involves several steps outlined below.

How to Get a Divorce by Publication

Before publishing a divorce notice in a newspaper, you must exhaust all efforts to locate your spouse. Here are some steps you might need to take to provide the judge with solid evidence:

  • Record the last time you saw your spouse.
  • Send paperwork to your spouse’s last known address by regular and certified mail, and check for any returns. Additionally, visit their home and ask neighbors or locals for any information.
  • Contact their workplace and family members to ask if they know their whereabouts.
  • Search social media for clues. Also, check databases like the Federal Bureau of Prisons, U.S. military locator, Social Security Death Index, and the Department of Motor Vehicles.
  • Check criminal records, phone directories, and public records in areas where your spouse might reside.

Whatever efforts you make to find your spouse, keep a detailed record. If the judge reviews your evidence and concludes that your spouse cannot be located, you can start the process of service by publication in Florida:

  • Fill out all the necessary forms for divorce by publication.
  • File the paperwork with the court and wait for the court to issue a Notice of Action. The waiting period is about 60 days.
  • Publish the notice in one or two court-approved newspapers for 28 days.
  • If your spouse does not respond, you can ask the court to proceed with the divorce case.

Divorce by Publication with Minor Children

You can get a divorce with a missing spouse even if you have minor children, but you cannot obtain child support since the spouse’s location and income are unknown.

When filing for divorce with children, serving the other party is mandatory. If the parent is missing, you must use all available resources to locate and serve them with the paperwork. This is required even if your spouse has never been involved in your children’s lives.

If you’ve exhausted all efforts to find your spouse and still failed, you can request a divorce by publication from the court. After that, you can publish your notice in a court-approved newspaper. If the other parent does not respond, they can request a case review two years after the divorce is finalized.

How Long Does Divorce by Publication Take?

This type of marriage dissolution usually takes about 7-8 weeks due to several required steps and possible delays. First, you must wait for 60 days before making a publication. Then, the notice must be published for at least 28 days in a newspaper. After that, the divorce can be finalized.

How Much Does a Divorce by Publication Cost?

Divorce by publication is generally lengthier and more expensive than a simple uncontested divorce. Costs vary depending on specific circumstances. Cases with children tend to be more costly. The publication itself may cost around $100. Contact several court-approved newspapers to inquire about their rates for a 4-week publication. Additionally, you must pay a $408 filing fee along with court fees. If you cannot afford these costs, you can apply to have the fees waived.

For a free consultation, please call my office to schedule an appointment for a case evaluation. This typically takes 15-30 minutes. Call 954-533-7593 to schedule your free case evaluation today!

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New Bill Aims to Streamline Divorce Proceedings Across Florida

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 case law about the distribution of assets and liabilities,”

Grall explained during her brief presentation to the committee.

The Rules Committee had over 25 bills to review in less than two hours, and Grall’s presentation on SB 534 lasted under three minutes, with no questions from the committee members.

Key aspects of the bill include:

  • Requiring that any gift of real property between spouses must be in writing.
  • Establishing guidelines for courts to consider when determining the value of a “closely held business” in divorce proceedings.
  • Defining “extraordinary circumstances” for courts to consider when deciding on an interim partial distribution of assets during a dissolution action.
  • Veteran family law attorney Shannon L. Novey attended the committee meeting to show support from the Family Law Section.

SB 534 had previously passed the Judiciary Committee with a 10-0 vote on January 16, and the Children, Families and Elder Affairs Committee unanimously the following week.

A companion bill, HB 521, introduced by Republican Rep. Traci Koster, a family law attorney from Tampa, is currently on second reading in the House calendar after passing through three committees without any opposition.

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