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Brian Starr Leifert Lawyer

Brian Starr Leifert

Criminal, Domestic Violence & Neglect, DUI-DWI, Misdemeanor, Felony

Brian Leifert is a lawyer in Fort Lauderdale who focuses on Assault cases. He has tried cases involving domestic violence, drug charges, sex crimes, D... (more)

John  Elias Lawyer

John Elias

VERIFIED
Divorce & Family Law, Child Custody, Alimony & Spousal Support, Family Law

I, attorney John Elias, have dedicated more than 30 Years to helping Florida clients obtain meaningful and lasting family law solutions. I fully under... (more)

Stuart N. House

Collaborative Law, Family Law, Divorce, Child Support
Status:  In Good Standing           

Rebekah Brown-Wiseman

Family Law, Divorce, Adoption, Paternity
Status:  In Good Standing           

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Tina L Lewert

Family Law, Divorce, Child Support, Divorce & Family Law
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Richard F. Hussey

Construction, Family Law, Civil Rights, Corporate
Status:  In Good Standing           

FREE CONSULTATION 

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Greg A. Lewen

Divorce & Family Law, Adoption, Child Custody, Family Law
Status:  In Good Standing           

Richard D. Heller

Business Organization, Family Law, Litigation, Personal Injury
Status:  In Good Standing           

Howard L. Greitzer

Family Law, Criminal
Status:  In Good Standing           

Ida J. Kessler

Corporate, Family Law, Immigration
Status:  In Good Standing           

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LEGAL TERMS

COMMUNITY PROPERTY

A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings ar... (more...)
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are considered community property and all debts incurred during marriage are community property debts. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Compare equitable distribution and separate property.

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.

COMPARABLE RECTITUDE

A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that pre... (more...)
A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that prevented a divorce when both spouses were at fault.

SURVIVORS BENEFITS

An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disabil... (more...)
An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disability benefits.

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

FMLA

See Family and Medical Leave Act.

CRUELTY

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.

TEMPORARY RESTRAINING ORDER (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court ... (more...)
An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.

SAMPLE LEGAL CASES

In re Amendments to Florida Family Law Rules

The relevant legislation, chapter 2008-61, Laws of Florida, amended various sections of Chapter 61, Florida Statutes, and related statutes, to remove the references to "custody," "primary residential parent," "secondary residential parent," and "visitation." The statutes now require the court ...

AMENDMENTS TO APPROVED FAMILY LAW FORMS

During the 2008 legislative session, the Legislature amended numerous sections of chapter 61, Florida Statutes, redesignating it "Dissolution of Marriage; Support; Time-sharing," and amended various sections of chapters 409, 414, 445, 741, 742, 753, and 827, Florida Statutes. See ...

IN RE AMENDMENTS TO FL. FAMILY LAW RULES OF PROCEDURE

The Florida Bar's Family Law Rules Committee (Committee) has filed a "Fast-Track Report to Implement 2008 Legislative Changes to Equitable Distribution." The Committee proposes amendments to the Florida Family Law Rules of Procedure that conform the rules and forms to recent ...