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Pleadings

WHEN DIVORCED PARENTS’ RELIGIOUS BELIEFS CLASH.

When divorced parents of children do not practice the same religion, adjudicating issues regarding religious practice is extremely difficult. Due to the First Amendment of the United States Constitution, the Florida Courts have long held that decisions regarding the child’s religion or the parents’ religious practices must be left to the parents, not the Court, absent a clear showing of “harm”, “risk” or “detriment” to the child.Read More »WHEN DIVORCED PARENTS’ RELIGIOUS BELIEFS CLASH.

Are you Going Through a Divorce and your Spouse Owned Real Property at the Time of your Marriage?

When you married your spouse, did he/she own any real property, or their own home? Did you and your spouse make payments towards the mortgage during your marriage, with marital funds? If the answer to both questions is “yes”, then you are entitled to share in the increased equity in your spouse’s residence, at the time of your divorce.Read More »Are you Going Through a Divorce and your Spouse Owned Real Property at the Time of your Marriage?

Conflicting Child Custody Jurisdiction Between the Florida State Courts and Tribal Courts

The Third District Court of Appeal recently entered a compelling ruling in Layla Billie v. Kevin Stier, 2014 WL 1613661 (Fla. App. 3 Dist.), regarding Tribal Court child custody jurisdiction. In that case, the Third District held that since the Tribal Court did not “substantially comply” with the basic procedural jurisdictional requirements as delineated by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), child custody jurisdiction must remain with the Florida Courts, and not in the Miccosukee Tribal Courts.Read More »Conflicting Child Custody Jurisdiction Between the Florida State Courts and Tribal Courts

Motion for Rehearing Deadlines

Upon the entry of certain orders or judgments, a Motion for Rehearing may be filed, if a party believes the Court has entered the underlying order in error. However, there are strict time deadlines to file the order, and it is critical to know the deadline to file such a motion for rehearing. If you do not comply with the deadline, and the Motion is filed late and/or untimely, the Motion shall not be considered by the Court.Read More »Motion for Rehearing Deadlines