Recent Blog Posts
The Coronavirus Brings a Number of Custody Complications for Some Divorce Parents
As attorneys who practice family law here in Florida, we have been fielding a number of questions related to the coronavirus over the last few weeks, especially those related to child custody issues (or time sharing/parenting plans, as they are referred to in Florida). Many parents went from trying to figure out what to… Read More »
11th Circuit Rules That Crime Victims’ Act Is Not Triggered Unless Criminal Charges Have Been Filed
In mid-April, the Eleventh U.S. Circuit Court made a decision upholding the non-prosecution agreement entered into between Jeffrey Epstein and the U.S. Attorney’s Office for the Southern District of Florida, which also effectively decided that the Crime Victims’ Rights Act (CVRA) was never in effect and Epstein’s victims did not have the right to… Read More »
Supreme Court Opens the Door for States to Prosecute Illegal Immigrants, While Florida Fails to Address Issue of Inmates Serving Outdated Sentences for Drug Crimes
Unfortunately, the beginning of March has already dealt a significant blow to criminal justice, both at the federal level and here in Florida: While the U.S. Supreme Court increased the ability for states to criminally prosecute illegal immigrants over work authorization fraud, overriding existing federal law in doing so, Florida lawmakers entered the final… Read More »
Controversial Alimony & Custody Bill Again Under Consideration in Florida
Florida legislators have once again introduced legislation (HB 843), which would end permanent alimony and create an automatic presumption that equal time-sharing is in the best interests of children in child custody cases; amongst making a number of other noteworthy changes in the area of family law. In the past, Governor Rick Scott vetoed… Read More »
U.S. Supreme Court to Hear Important Fourth Amendment Seizure Case Involving Excessive Force & Police Shootings
In March, the U.S. Supreme Court will hear Torres v. Madrid, an important Fourth Amendment search and seizure case for which there is currently a split amongst the U.S. Court of Appeals, including the 11th Circuit (which covers Florida) and one that is very important to what is considered a “seizure” in criminal cases…. Read More »
Figuring Out How Your Pension Could Be Paid Out After Divorce
The differences in how asset division works in divorce highlights why it is so important to work with an experienced divorce attorney so that you fully understand how to weigh the pros and cons of negotiating different assets in a divorce. Below, we explain how the division of a pension plan as an asset… Read More »
Florida Group Urges State Attorney General to Prosecute Schools Over Reading Materials
It may soon be a crime to include certain types of materials in school curriculums here in Florida: In January, the Florida Citizens Alliance urged the state Attorney General to prosecute any schools that are making certain materials available to children; materials that it deems offensive because they include explicit sex scenes and information… Read More »
What Is the Most Common Reason People Get Postnuptial Agreements? A Discussion Marriage’s Insurance Policy
As attorneys who practice family law here in Florida, we regularly receive a number of questions about prenuptial (prenup) and postnuptial (postnup) agreements; For example, questions such as: What is the least ‘negative’ way to discuss the need for a prenup with one’s partner? Or, what is the most common reason people get a… Read More »
Florida Supreme Court Throws Law into Chaos by Removing Unanimity Requirement for Death Penalty
A recent ruling out of the Florida Supreme Court indicating that it erred in 2016 when it ruled that a jury must be unanimous in sentencing a defendant to death has a number of criminal defendants and criminal justice advocates concerned and has unquestionably muddled existing law, leaving many wondering whether the state legislature… Read More »
First Person Charged & Convicted Under Florida’s New ‘Red Flag’ Law
The first person charged under Florida’s new ‘red flag’ law – passed in an effort to prevent another Parkland school shooting – was found guilty in December. The law allows law enforcement to confiscate an individual’s weapons if they deem that the individual poses a danger to themselves or others. It also allows them… Read More »