Is requiring an antenuptial for marriage considered duress?
According to Florida case law, it is not considered duress for one party to condition marriage on the execution of an antenuptial agreement. Simply stating that there will be no marriage without such an agreement does not amount to coercion under the law. See: Ziegler...
Can paternity alone justify a name change for a child?
According to Florida case law, a finding of paternity cannot, by itself, justify changing a child's surname. A name change is appropriate only if there is clear evidence that it serves the best interests or welfare of the child. The party requesting the change bears...
Do prenuptial agreements terminate upon divorce?
According to Florida case law, prenuptial agreements generally terminate upon divorce. This is because such agreements are designed to govern the rights and obligations of the parties during the marriage and in the event of its dissolution. See: Herpich v. Estate of...
Is a paternity suit required to establish fatherhood?
According to Florida case law, a father can be legally recognized without a court ordered determination of paternity. If a man acknowledges a child as his own and voluntarily provides financial support, a paternity suit is not required to establish fatherhood. See: In...
Is a bad bargain enough to void an antenuptial agreement?
According to Florida case law, the mere fact that one party made a poor bargain is not enough to invalidate or modify an antenuptial agreement on its own. Courts will not set aside such agreements solely due to unequal or unfavorable terms if the agreement was entered...
Can a child have two legally recognized fathers?
According to Florida case law, a child cannot have two legally recognized fathers. In order for a second individual to be legally recognized as the father, any existing paternity judgment would need to be vacated first. See: Achumba v. Neustein, 793 So.2d 1013, 1015...
What Is Proof Of Adultery?
According to Florida law, proof of adultery relies heavily on circumstantial evidence that demonstrates both the opportunity and the inclination to commit the act, leading a reasonable person to conclude that adultery occurred: To prove adultery the law does not...
When Does Florida Alimony Start?
According to Florida law, alimony can start prior to the filing of a dissolution of marriage, during the pendency of the divorce proceedings (temporary alimony), or from the date specified in the final judgment. Alimony Unconnected with Dissolution of Marriage: In...
How To Serve Divorce Papers?
According to Florida law, to serve divorce papers in Florida, you must either serve the divorce papers by personal service, substitute service, constructive service or service by mail. However, the type of service used is based on specific rules and procedures...
Is My Spouse Entitled To My Personal Injury Settlement In Florida?
According to Florida law, whether your spouse is entitled to your personal injury settlement in Florida depends on the specific allocation of the settlement funds. If the settlement includes compensation for lost wages or medical expenses paid during the marriage,...