Having handled thousands of family law cases for over thirty (30) years, Mackey Law Group has seen and resolved a variety of both complex and simple issues.  One such unique issue that has come up repeatedly is the transfer of a home or land (real property) from one spouse to the other, during the marriage.

When a child is “sheltered” by the State, via the Department of Children and Families, and put into foster care, the parents must navigate an endless bureaucracy of red tape for up to a year (sometimes longer) in order for them to be reunited with their child or face the termination of their parental rights.

Once the divorce is filed, it can take months before obtaining a temporary relief hearing.   A temporary relief hearing is where you are advanced-money from the court.  The relief typically includes (but is not limited to) temporary alimony/spousal support, child support and/or attorneys’ fees. In other words, money you need to live on while you get divorced. To get such a hearing, you have to complete certain financial discovery and get a hearing before a judge; all of that takes time and money.  Some courts even require mediation before having a temporary relief hearing.

One spouse suddenly stop’s working overtime, their business isn’t doing as well, or they “lose” their job. Other times, the breadwinner attempts to retire early, or one spouse claims they are “disabled” and can’t work. These (usually) bogus tactics are geared toward one spouse lowering their income to avoid paying the financial support the other rightfully deserves.

Our initial consults usually last no more than an hour. In that time, we let our clients know where they stand and where we can take them in a divorce/family law proceeding. If you have already been to another lawyer or if you have even hired another lawyer and don’t think you’ve got the right-one on your side, schedule a consult with us; if you don’t, you could be going into a divorce gunfight-of-a-trial with a lawyer who draws water-pistols.

Florida law is very specific about what is allowed in a “relocation” with minor children.  There is a maximum distance that you can move without the necessity of a court order.  A lot of people, including many lawyers, are not aware that the distance is measured “as the crow flies” (straight line on a map). The answer to the question really hinges on several factors including the reasons for the move and how far the move will be.

Although it may seem as though a biological father and a legal father are one in the same, that is not always the case.  Believe it or not there is a distinction between a biological father and a legal father, and the distinction can have financial consequences.

A common misconception in paternity cases is that if the Father’s name appears on the birth certificate of a minor child, that automatically means he is legally the Father and is entitled and/or accountable for all the rights, responsibilities, and privileges relating to that minor child without further action.  However, that is not the case when a child is born out of wedlock.

Many non-U.S. citizens are hesitant to leave a spouse out of fear of the U.S. court system or concern for their residency status. You may be surprised to learn you don’t need to be a U.S. citizen to get divorced in the United States. Non-U.S. citizens are afforded the same resources and rights in divorce proceedings as U.S. citizens, including the ability to file for divorce and have an attorney represent them. However, a common question is how a divorce will affect their legal residency status.

Typically, in Florida divorce proceedings, the assets and liabilities owned by the Husband and Wife are subject to being either split via an agreement or by the Judge. However, what happens in a divorce when one of the parties owns a business to the exclusion of the other spouse, has an interest in a business, or the parties own a business together—does the business count as an asset?

When facing divorce, many parents assume the mother will automatically be awarded custody of the children with the father getting limited visitation. Florida courts have done away with this presumption and will now divide time between parents in the child’s best interest.