Recent Blog Posts
What is Forum Shopping and High-End Divorce?
Forum shopping has continued to grow in popularity over the past 20 years. Forum shopping is the practice of filing a lawsuit in a state or country where the laws are favorable to your case. Because a legal claim might be brought in more than one state (or country), the person filing gets to… Read More »
Florida’s Elective Share: What is It and Why Does it Matter?
Florida makes it difficult for people to cut their spouse out of a will. Instead, Florida’s “elective share” laws give surviving spouses a right to elect to take a percentage of their spouse’s elective estate. This law can matter for many affluent people, especially those who marry later in life and hope to leave… Read More »
Negotiating a Divorce: 5 Tips
Contested divorces cause intense stress, so many couples focus on trying to negotiate a divorce settlement agreement. Unfortunately, negotiating with a spouse when the marriage has broken down is harder than many anticipate. Unless the divorce is amicable, one or both spouses could “dig in” and try to make the divorce as painful as… Read More »
What is a Custody Evaluation in Florida?
Child custody decisions are the most consequential in any divorce. How parents divide custody will have an enormous impact on each parent’s ongoing relationship with their children. Unfortunately, many parents cannot come to an agreement on custody, so it is up to a judge to decide a dispute. And this is where custody evaluations… Read More »
How to Respond if Your Ex Denies Visitation
One of the more frustrating aspects of divorce is how disagreements with your ex continue long after you receive a divorce decree. Although you have a valid parenting plan, for some reason your ex is unable to follow it. Despite phone calls, emails, and texts, your ex-spouse finds reasons not to make the children… Read More »
What is the Putative Father Registry in Florida?
Mothers are guardians of their children by virtue of birth, but the process can be more complicated for men. If a man is married to the mother at birth, then the state will presume that he is the father. An unmarried man, however, needs to take affirmative steps to establish paternity. One option is… Read More »
How Domestic Violence Impacts Your Divorce
Domestic violence makes divorce much harder, but the right legal team can simplify the process and explain options. Contact Hamilton O’Neill today if you are the victim of domestic violence. Our firm has helped clients obtain orders of protection, and we can analyze how documented domestic violence can influence a contested custody case and… Read More »
Do Grandparents Have a Right to Visitation in Florida?
Grandparents often feel sidelined. Although many would like to maintain relationships with their grandchildren, especially after retirement, they are unsure of what steps to take or if the law even recognizes that they have rights. You might have shaky relations with your child, who is the mother or father of your grandchild, so they… Read More »
Do You Have to Prove Residency to Obtain a Florida Divorce?
There are certain legal requirements that must be satisfied before a person may seek a divorce in Florida. One such requirement is establishing residency. Specifically, Florida law states that “[t]o obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the… Read More »
Will You Need to Divide an Expected Inheritance in a Miami Divorce?
Many people are counting on inheriting something from their parents. But is this expected inheritance subject to division in a Florida divorce? The good news is that an inheritance you have not yet received is not marital property under the law, so you should be able to leave the marriage with it. In fact,… Read More »