Fl Family Law

Front 1

Prenups

Back 1

Can contract about anything you want, except cannot agree that no child support will be paid in the event of a divorce

Front 2

Challenges to Prenups

Back 2

1. SOF-Must be in writing

2. Uniform Pre-Marital Agreements Act, limits the challenges that can be raised (use common sense here: coercion, time pressure, business experience, education, etc)

Front 3

Annulment

Back 3

Basically returns parties to their pre-marriage position

Front 4

Annulment: Marriages that VOID

Back 4

marriages that don't exist, people are free to walk away

Front 5

Things that make marriages VOID are

Back 5

non-waivable

 

Front 6

3 Basis for VOIDing a Marriage

Back 6

1. Bigamy

2. Mental Incapacity 

3. Consanguinity (Incest)

Front 7

Marriages that can be annulled; VOIDABLE

Back 7

These marriages ARE in effect and are not presumed void

Front 8

Grounds for VOIDABLE marraiges

Back 8

1. Durress 

2. Fraud (going to an ESSENTIAL ASPECT of the marriage) - MUST QUOTE THOSE WORDS

3. Intoxication/Temporary Insanity at time of marriage (waived the next day if still married)

4. Marrying in jest

5. Parites marry to obtain citizenship 

6. Underage

7. Incurable physical impotence 

 

Front 9

Examples of where Fraud makes a marriage voidable because the fraud goes to an essential aspect of the marriage

Back 9

1. Lies/Secrets about Religion

2. Lies/Secrets about Procreation 

3. Genetic Diseases

4. Pregnant prior to marriage (knowledge it's not the husbands)

5. Wife used to be a hooker

 

Front 10

is lying about social status or financial net worth grounds to make a marriage VOIDABLE

Back 10

No

Front 11

Age to marry

Back 11

18, if married until 18 you have grounds for annulment. however, if still married upon majority it's no longer grounds. 

Front 12

Exceptions for being 18 to marry

Back 12

1. Parents give consent 16/17 year olds

2. If younger than 16/17, if female pregnant

Front 13

Where are divorce actions filed?

Back 13

Circuit Court

Front 14

Jurisdiction for Divorce Actions

Back 14

One spouse domiciled in FL, plus 6 months residency 

Front 15

Jurisdictional issues when one spouse is out of state

Back 15

if there is a property dispute and the Florida courts cannot obtain jurisdiction over the D spouse, then the action must be brought in the court where the other spouse resides. 

Front 16

What is a divisible divorce?

Back 16

Divorce can be obtained in one state and economic remedies in another 

Front 17

Even if the D spouse does not live in Florida, he must still be served

Back 17

service by publication is fine, publication only has to be in Ps county

Front 18

Venue

Back 18

1. Where either spouse lives in FL

2. Where grounds for divorce arose or

3. In the county where they last resided as a couple

Front 19

Financial Disclosures

Back 19

Income over 50k makes financial disclosures much more extensive

Front 20

Continuing Obligation in Discovery

Back 20

Continuing obligation to amend pleadings/answers while case is pending. e.g., win FL lottery while case is pending, must disclose

Front 21

Florida No Fault Divorce (2 grounds)

Back 21

1. Irretrievable Breakdown of marriage

2. Spouse adjudicated mentally incompetent and condition has endured for at least 3 years prior to the time you seek divorce

Front 22

Property Division after a divorce

Back 22

Step One: Categorize Assets; H's property, W's property, Marital Property

 

Step Two: Divide them up

Front 23

Husband/Wife Property Owned Seperately 

Back 23

Any asset owned or any debt incurred prior to the date of the marriage is the separate property of each

 

Gifts or bequest received after the date of the mariage, SOLELY in that spouse's name (or any money/property obtained from selling these items)

 

Any passive appreciation from property

 

Any pain and suffering recovery as a result of tort litigation by one spouse

Front 24

Marital Property

Back 24

Any assets acquired during the marriage is a marital asset

 

Vested retirment plans and vested investment accounts

 

Any appreciation in value of a non-marital asset due to the affirmative effort of either spouse IS treated as a marital asset

 

A spouse can gift a separate property asset over to the marital estate, usually done by re-titling 

Front 25

Division of Marital Property

Back 25

Court will divide. Presumption in FL is that equal divisions of the marital assets UNLESS there is justification for unequal treatment

Front 26

Courts will decide how to divide marital property based on the following: 

Back 26

age, physical health, earnings, earnings potential, education attainments, duration of marriage (longer marriages favor 50/50), anything else the court deems just. 

Front 27

Method for distributing marital property

Back 27

In kind (method in which it is) or in money (following court ordered disposition)

Front 28

Alimony

Back 28

Court must have PJ over the D

Front 29

Can parties agree to waive alimony in a pre-nup?

Back 29

yes, provided there was a full financial disclosure at the time

Front 30

Types of Alimony

Back 30

1. Short term awards

2. Long Term Awards

3. Durational Alimony

 

Front 31

Short Term Alimony

Back 31

1. Bridge the gap alimony 

2. Rehabilitative Alimony

 

Front 32

Bridge the gap alimony

Back 32

Granted with the idea of easing the transition back to single life-TWO YEARS MAX

 

*If either party dies before 2 years, TERMINATED

Front 33

Rehabilitative Alimony

Back 33

MUST be specific and defined rehabilitative plan and it must be included in the order. 

 

Can be modified if there is a substantial change in circumstnaces

Front 34

Long Term Awards 

Back 34

Measured from time of ceremony to filing of divorce. Three categories 

 

Short-Term Marriages

Moderate-Term Marriages

Long-Term Marriages

Front 35

Short-Term Marriages

Back 35

Less than 7 years, for permanent alimony there must be a showing of EXCEPTIONAL CIRCUMSTANCES

Front 36

Moderate term marriage

Back 36

Greater than 7 years, less than 17

Permanent alimony awarded upon CLEAR AND CONVINCING EVIDENCE

Front 37

Long Term Marriages

Back 37

17 years +

Permanent alimony or until death or re-marriage

Front 38

Modifications of Alimony

Back 38

Changed circumstances, such as payor lost his job and can't pay or ex-wife has a new BF who pays for everything

Front 39

Durational Alimony

Back 39

Available in short term and medium term marriage, MAY NOT LAST LONGER THAN MARRIAGE DID, these are not supposed to be modified except under EXCEPTIONAL CIRCUMSTANCES

Front 40

Setting Amount of Alimony

Back 40

Judge has discretion, no mandatory alimony amount

Front 41

Non-Payment of Alimony Remedies

Back 41

Income Reduction Order entered against non-paying party (employer pays ex directly)

 

Court may seize property

 

Contempt of Court-jail

 

MM-jail

Front 42

Child Support: When biological parents are married

Back 42

Presumption is that the husband is the father, provided child was born within the marriage or within 285 days after marriage ended 

Front 43

if un-married, non-marital child

Back 43

Biological father can acknowledge paternity in writing; failing this, the mother may bring a paternity action 

Front 44

Conditions for Paternity Actions

Back 44

1. Must be filed no later than 4 years after child reaches majority 

2. Support you receive will apply to future, however, the court could award a maximum of 2 years past support

 

Front 45

Modifications of Child Support

Back 45

To get a modification party seeking it must show a substantial change in circumstances. The statute specifically mentions the child getting married or joining the military 

Front 46

Non-Payment of Child Support Punishments

Back 46

1. Same as alimony

2. Unemployed-court can order job training

3. DL suspension 

4. Take away hunting/fishing licenses

5. take away boat registration 

Front 47

Post-Divorce or Non-Marital Children, how long does obligation endure

Back 47

Normally 18, however, if child still in school at 18, then 19. 

 

if child has a disability that will not permit him to be self-supporting the obligation is permanent. 

Front 48

Amount of Child Support

Back 48

Based on income of payor, the court can deviate up or down 5%; if it wants to deviate more than that, must make a written finding on the record

Front 49

Factors to depart from guidelines for support

Back 49

Special needs of child, special skills of child to be supported, parent assests, seaonal variations to income, where child resides, does the payor have other kids

Front 50

uniform interstate family support act

Back 50

allows FL to retain jurisdiction over payor even if he leaves the state by submitting the order to a court with jurisdiction in the state he now resides in 

Front 51

Parent Responsibility (replaces child custody)

Back 51

who will have responsibility for the child is based on the best interests of the child

Front 52

Court must make a parenting plan to include the following

Back 52

Shared parenting responsibilities (unless detrimental); strong presumption child will spend time with both parents; DV is evidence of unfitness; consider health, physical/emotional of both parents and child; wishes of child provided he's old enough

Front 53

Peripheral Issues with Time Sharing

Back 53

Claims by non-parents for parenting time will be entertained by court but there is a strong presumption that the BIC are best served by being with parent.

Front 54

In order for a parent to have their rights terminated there must be a showing of 

Back 54

UNFITNESS. High burden, courts do NOT like terminating parental rights

Front 55

Time-Sharing with grandparents

Back 55

Usually grandparents petition when a parent won't allow them to see grandchildren, however, in order to be successful they must show that the child will suffer a detriment by not seeing them. 

Front 56

Adoption: Consent Required From

Back 56

1. Minor: Biological parents, BOTH

2. Adoptee: If child over 12

3. Anyone else with lawful custody

4. Judicial consent if no custodian

5. Biological father only has rights if child is acknowledged (in writing or through marriage of mother) or if he has a substantial relationship

6. Consent can be dispensed of if there has been a TPR

Front 57

Grounds for TPR

Back 57

abandonment, neglect, abuse, murder of another child