When should an emergency motion be filed? There is an old saying that a Judge will not grant an emergency motion unless there is “blood or broken bones”. This is obviously not a real standard in the law, but it is instructive on how hard it is to get a Judge to grant an emergency motion to change custody or force some type of pickup order.
Kenny Leigh
Recent Posts
Memorandum: Gay Marriage
Posted on Wed, Jan 07, 2015
Gay marriage is now legal in the state of Florida and the sad truth is that it will also mean divorces with gay couples. Every law that pertains to a divorce of a “traditional” couple will now pertain to a gay couple. This will also include post dissolution matters, such as modification of alimony, child support, etc. This also means that Florida will recognize gay marriages of other states so that when a gay couple wants to get a divorce in Florida, having been married in another state, Florida now has jurisdiction to take care of this.
Memorandum: Separation of Property
Posted on Tue, Jan 06, 2015
Many people do not understand how to separate property during a marriage. People think because their name is the only name on something that should not be part of the equitable distribution plan in a divorce. The state of Florida sees a married couple as 1 person. Therefore, if you have acquired something during the marriage that is only in your name, it is still subject to equitable distribution. In other words, it is half hers.
New Year's Resolutions for Dads in 2015
Posted on Tue, Dec 30, 2014
As a single parent, your New Year's resolutions affect not only yourself, but your children as well. Though your divorce may have been difficult, taking that negativity over into the new year will sap your physical, mental and emotional energy, leaving you without the ability to care for your children the way that you want to. This year, instead of making vague New Year's resolutions that you have little intention to keep, put the focus on strengthening your personal life and building a better relationship with your kids.
Memorandum: Alimony
Posted on Mon, Dec 29, 2014
Alimony is used to help one spouse transition into single life. It is not meant to be punitive, although it certainly feels that way to the payor spouse. There are a few different types of alimony and it all depends on the length of the marriage and some other factors. Make no mistake the length of the marriage is the most important factor when determining alimony. Florida Statutes have defined a marriage length as the following:
- Seven years and below is a short term marriage
- Seven years to seventeen years is a medium marriage
- Anything above seventeen years is a long term marriage