Category Archives: Family Law
Legal Considerations with Blended Families
Parents are increasingly getting remarried, which means they often blend children from their prior marriages. Blending two families together can feel like a challenge, but it has many rewards. Some of the challenges include clearly defining stepparent roles and giving children space. At Hamilton O’Neill, we know that blended families also raise some legal… Read More »
Frequently Asked Questions about Stepparent Adoption for Same-Sex Couples
Same-sex couples are increasingly raising children. According to the 2020 census, 17% of same-sex couples were raising children, a number which increased to 22% when looking specifically at same-sex couples who were married. Many prospective parents have questions about the process. A family law attorney provides more detail about stepparent adoption below. Can Same-Sex… Read More »
Broken Promises: Can You Sue for Breach of a Marriage Contract?
Many people get cold feet in the period between their engagement and their wedding day. If your fiancé calls off the wedding, do you have a legal right to sue? Once upon a time, the answer would be “yes,” but Florida has changed its law. Today, you cannot sue for a broken promise to… Read More »
What is Family Law Arbitration in Florida?
Arbitration is a method of resolving a legal dispute outside of the court system. There are many advantages to arbitration, including privacy. As lawyers who have represented successful businesspeople and entertainers, we appreciate that divorce is a stressful experience when you live in the glare of the public eye. For this reason, arbitration might… Read More »
Who Benefits from Divorce Mediation?
Mediation plays an increasingly important role in many Miami divorces. This type of dispute resolution can sometimes allow men and women to put aside their differences and find common ground on child custody, alimony, or other issues. Florida courts require couples to attend mediation, whether they want to go or not. But is mediation… Read More »
Remarriage After 50: Legal Considerations
It’s never too late to find love, and many men and women are eager for another trip down the aisle. With a little more life experience, a second or third marriage can be the best you have ever had. But getting remarried later in life also raises some complications, which our clients should think… Read More »
Can You Include Child Support in a Premarital Agreement?
Couples use premarital agreements to provide predictability in the event of divorce. Men and women can waive any future right to alimony, as well as decide what property or assets will be considered marital and subject to division upon divorce. However, Florida law is very clear that you cannot impair a child’s right to… Read More »
When is a Gift Your Separate Property?
Dividing marital property is a difficult task, especially for couples with a high net worth. Nonetheless, some basic principles apply which make characterizing property as “marital” or “separate” easier. One rule applies to gifts. Generally, any gift you receive is your separate property, even if you received the gift while married. That means you… Read More »
Why “Artificial Intelligence” Is Not a Substitute for a Miami High-End Divorce Lawyer
In the past couple of years, the tech industry has dazzled investors and journalists with promises of “artificial intelligence” replacing all sorts of professional workers. Indeed, many people now turn to AI-based services for legal advice instead of going to an attorney. Unfortunately, relying on a chatbot to perform the same role as a… Read More »
How Do You Prove a “Need” for Durational Alimony in a Miami High-End Divorce Case?
Although alimony was traditionally a means for stay-at-home wives to secure a measure of financial support in the event of a divorce, today either spouse can seek and receive alimony based on financial need. Under recent changes to Florida alimony laws, a party in a divorce can ask the court to award “durational alimony,”… Read More »