Latest News & Articles

Following a difficult divorce involving child custody, often with bitter recriminations,  communicating with your former spouse can be very difficult if not impossible. This may be true even after a negotiated settlement. However, Florida law requires both parents to share parental responsibility in the vast majority of the cases, as opposed to awarding custody to

Divorce is difficult. But, through a divorce, you can find a new, happy, and fulfilling life. In today’s blog post, we’re sharing five important lessons you’ll learn as you go through your divorce. Don’t Let Fear Control You. If divorce has you feeling fear, you’re not alone. Fear can be a crippling factor prior to,

It is the public policy of Florida to encourage shared responsibility for parenting unless it is necessary to protect the welfare of the children. See Davis v. Lopez-Davis, 2014 Fla. Ap. LEXIS 5159 (Fla. 4th DCA 2014); Allen v. Allen, 787 So. 2d 215, 217 (Fla. 5th DCA 2001), review denied, 800 So. 2d 612

Modification of a Florida parenting plan requires a finding by a court of a substantial, material, and unanticipated change in circumstances.  The court is required to make written findings to support that there had been a ‘substantial, material, and unanticipated change in circumstances that warrant a modification to the parenting plan. What is a Change

Florida no longer uses the term sole custody. The courts now use the phrase “parental responsibility.”  However, “sole parental responsibility” may be awarded in exceptional circumstances. Sole responsibility describes the situation where one parent makes decisions regarding the child without input from the other parent. This includes minor decisions that need to be made on

In accordance with Florida law, (Fla. Stat. Ann. Sec. 61.08 2020), the court may order either party to pay alimony.  An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The statute specifies five distinct types of alimony: Temporary; Bridge the gap; Rehabilitative; Durational;

The state of Florida does not have “fault-based” divorce. Florida only accepts no-fault divorces, therefore, there is no need to prove fault by a party. Florida only requires that you state that the marriage is irretrievably broken, or that a spouse has been mentally incapacitated for three or more years. Either party may seek a

If you think 50% of marriages end in divorce, you would be wrong. According to the most recent census data, the number of marriages that end in divorce is closer to 39%! In today’s blog post, we explore 4 divorce stats and facts that will probably take you by surprise. 39% of Marriages Ended in

Are you considering, or going through, a divorce? Understanding how your marital property will be divided is an important step in the divorce process. In today’s article, we discuss what marital property is and how it is divided when divorcing in Florida. Under Chapter 61 of the Florida Statutes, Florida is an equitable distribution state,

Mediation, negotiation, and settlement are part and parcel of high asset divorce and an integral aspect of our practice here at Brodie Friedman. Virtually every aspect of a high asset divorce is susceptible to negotiation. Choosing the correct mediator is essential. Keep in mind that both parties must agree on a mediator.   Here are