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Category Archives: Family Law

Establishing Paternity in Florida

By Cotter & Zelman, P.A. |

Establishing paternity for a child can at times be a challenging hurdle, particularly if the mother is unmarried. Under Florida law, there is a presumption that the husband of a married mother is the father of any child that mother has, there is no such presumption for unmarried couples.  As a result, in such… Read More »

Is Collaborative Divorce Right For You?

By Cotter & Zelman, P.A. |

Deciding whether to file for divorce is a difficult decision. Oftentimes people are scared of going through the court and having to pay thousands of dollars for costly and contentious litigation that sometimes results in both parties feeling resentful towards each other. Collaborative divorce offers an alternative to the “traditional” divorce whereby parties work… Read More »

What Do I Need To Prepare For My Florida Child Support Trial?

By Cotter & Zelman, P.A. |

Imagine this: you were recently served with a motion written by your spouse’s attorney seeking to increase your child support obligation. Alternatively, imagine you lose your job and you are seeking a decrease in your child support obligation. Your spouse’s motion has been set for trial before a judge and you are now faced… Read More »

Dividing Defined Contribution Plans and Defined Benefit Plans in a Florida Divorce

By Cotter & Zelman, P.A. |

Some of the most difficult assets to divide in a Florida divorce case are retirement accounts, and yet retirement accounts often are the bulk of what needs to be divided between parties in a Florida divorce. Two of the most common types of retirement accounts are defined contribution and defined benefit plans. Florida law… Read More »

Motions for Temporary Support, Time-Sharing, and Other Relief in Florida Divorces

By Cotter & Zelman, P.A. |

The divorce process can be long and taxing. At times, it can take a few years before a couple finally enters into a final custody agreement, final settlement agreement, and judgment.  Accordingly, particularly if your case is contested, it may be in your best interests to file a Motion for Temporary Support, Time-Sharing, and… Read More »

The Basics of Dividing Property in a Florida Divorce

By Cotter & Zelman, P.A. |

One of the most contentious issues in a Florida divorce case is how property should be divided between spouses. Like the majority of states in the United States, Florida law provides that marital assets and debt should be equitably and fairly divided between the parties. What Factors Are Considered in Dividing Property in a… Read More »

Determining Child Support in a Florida Divorce

By Cotter & Zelman, P.A. |

Florida is one of the 39 states that adopts the ‘income shares’ model of child support. This model of support is premised on the idea that minor children should receive the same proportion of parental income that they would receive if their parents remained married. While Florida law (Fla. Stat. Ann. §61.30) directs courts… Read More »

The Challenges of Modifying Custody Agreements in a Florida Divorce Case

By Cotter & Zelman, P.A. |

Many changes may occur in parents’ lives during the time their children are growing up. They may lose their jobs multiple times and be forced to move each time, they may start constantly disparaging the other parent in front of the child, or in extreme situations, they may start engaging in inappropriate or abusive… Read More »

How to Manage Your Social Media Accounts During Your Divorce

By Cotter & Zelman, P.A. |

Over the past few years, social media has become an increasingly prevalent part of people’s lives. When you are going through a difficult divorce, you may be tempted to post on your social media accounts as you usually would. However, if you are not careful about what you post during your divorce, you may… Read More »

When Can You Modify Child Support in Florida?

By Cotter & Zelman, P.A. |

Today’s fluctuating economy has left many Florida residents facing job volatility. This volatility frequently means unexpected loss of employment or salary cuts that hinder a paying party’s ability to keep current on their child support obligation. If you get a divorce and set a child support obligation while your child is relatively young, there… Read More »

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