Author Archives: Jay Butchko
New Court Rules in Florida: Appellate Jurisdiction in Changing on January 1st, 2021
In June of 2020, Florida Governor Ron DeSantis signed a reform bill amending Florida Statutes § 26.012 to eliminate most circuit court jurisdiction over appeals arising in county courts. Going forward, most county court decisions will instead be appealable directly to the appropriate district courts of appeal. The changes are set to take effect… Read More »
Florida Supreme Court Publishes New Rules for Family Law: What You Should Know
Recently, the Florida Supreme Court officially finalized and published updated rules and procedures for family law cases. The reforms are set to take effect in the coming year. Specifically, the reforms include: Amendments to the Florida Family Law Rules of Procedure—Forms 12.985(a)-(g); and Amendments to the Florida Family Law Rules of Procedure—2020 Regular Cycle… Read More »
An Overview of Unmarried Fathers’ Rights in Florida
The Centers for Disease Control and Prevention (CDC) estimates that 46 percent of children born in Florida are born to unmarried parents. If you are an unmarried father, you may have questions about your legal rights and legal responsibilities. In Florida, an unmarried father has equal parental rights, but only if paternity has been… Read More »
What is a Simplified Divorce in Florida?
No one wants to go through a long or nasty divorce. Most separating couples want to resolve their issues as smoothly and quickly as possible. A low-conflict resolution can help to put you in the best position to move forward with your life. In Florida, some married couples qualify for a type of “quick divorce”… Read More »
Parenting Plans in Florida: Communication Between the Parents
Also known as a ‘custody and visitation agreement’, parenting plans are designed to help make co-parenting easier. As the Florida Supreme Court explains, state law requires a parenting plan in all cases of time-sharing of minor children—even when parents are not actually in a dispute. Among many other things, a Florida parenting plan should… Read More »
The Daubert Standard—Understanding Florida’s Rule on the Admissibility of Expert Testimony
An expert witness is a person (usually a professional) who has a specialized skill or specialized knowledge. They are qualified to help judges and/or juries evaluate the meaning and implications of factual evidence. Expert testimony matters. Indeed, an expert witness in Florida family law can have a significant influence on the court’s decision. That… Read More »
We Lived Together Before Getting Married—Will that Affect Our Divorce?
Many people move in with their partner before they officially tie the knot. Indeed, the Pew Research Center reports that nearly two thirds of Americans lived with their partner before they got married. Often referred to as ‘cohabitating’, many people believe that this type of arrangement offers useful advantages. You may be wondering: Does… Read More »
Child Preference and Custody Rights: Your Guide to Florida Law
Child custody disputes are complicated, sensitive legal cases. It is normal for parents going through a custody case to feel frustrated and confused. We want to make sure that parents have all of the tools and information that they need to protect their rights. Nothing should come before your relationship with your children. Many… Read More »
Divorce Mediation in Florida: Four Common Mistakes to Avoid
One of the most popular forms of alternative dispute resolution (ADR) is mediation. As mediation is a non-adversarial and collaborative process, it can be especially effective in family law settings. If you are like most people who are going through a divorce, you want to reach a reasonable, amicable divorce settlement without getting stuck… Read More »
An Overview of the Four Key Factors that Affect Alimony in Florida
Following a marital separation, one spouse may be required to provide ongoing financial support to their former partner. Known as spousal support, spousal maintenance, or alimony, these payments are not guaranteed in Florida. Alimony is not awarded in every case. How much (if any) alimony will be granted depends on a number of different… Read More »
