The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Family Law

Retroactivity (or Not) of the Equal Timesharing Presumption

Family Law
In 2023, the Florida Legislature adopted several amendments to F.S. §61.13. One of those amendments added “a rebuttable presumption that...

Prejudgment Interest: Is the Time Value of Money Overlooked in Divorce Proceedings?

Family Law
Florida is an equitable distribution state.[1] In Florida, the court “must begin with the premise that distribution should be equal.”[2]...

Trauma-Responsive Court Systems: An Approach for Attorneys ad Litem

Family Law
Trauma is inherent in the dependency system. Dysfunction, loneliness, and fear in the most critical stages of development underlie every...

Estate Planning Issues in a Divorce Situation II: An Update and Standing Orders

Family Law
In 2012, Ms. Brunner published, in this Journal, a review of ‘estate planning type’ rights during 1) the pendency of...

Domestic Relations Obligations: Dischargeable or Not in Bankruptcy?

Family Law
Identifying family court obligations that may be discharged in bankruptcy is more nuanced than it would appear because it requires...

“Beat the Clock”: Deadlines in a Military Divorce Case

Family Law
In this article, we tackle how to address deadlines in military divorce cases. The essential component of “beating the clock”...

Blueprint for a More Effective Family Court Intake Process and Beyond: Opening the Umbrella to Process Family Court Cases

Family Law
Designing an effective family court intake process is not new for Florida. The Florida Supreme Court Steering Committee on Children...

Like Home: The New Definition of Habitual Residence

Family Law
In the Wizard of Oz, Dorothy clicked her ruby slippers three times and was immediately whisked back to Kansas.[1] For...

Mental-Health Issues in Florida Family Law, Part 2

Family Law
The first part of this two-part series discussed the prevalence of mental-health issues in the United States, defined mental health,...

Mental-Health Issues in Florida Family Law, Part 1

Family Law
The Centers for Disease Control and Prevention (CDC) reports that there were more than 4.8 million visits to emergency rooms...