Everyone believes their motion deserves the immediate attention and resolution by the Court. Many self represented litigants and inexperienced attorneys believe that by filing an “Emergency Motion”, even if the issue is not a true emergency, they will receive that immediate attention and resolution. However, filing a Motion as an “Emergency” does not automatically get you the immediate resolution you…
Florida law provides for a Modification or Termination of an alimony obligation when the payee is living in a supportive relationship (see Florida Statute § 61.14(1)(b) ). A “supportive relationship” obviously begins prior to the payor filing his/her Petition for Modification. The question that I am often asked, is “since my ex started living with their new significant other prior…
Often parties in very short term marriages realize they made a mistake and want to have their marriage annulled. However, where a marriage is validly contracted it should not be dissolved other than by divorce, or by a decree of annulment supported by allegation and proof of recognized grounds for annulment of marriage. Unlike, Dissolution of Marriage, Annulment is not…
Same sex marriage is now the law of the land. However, there are still many unanswered questions as to the rights of each “parent” when a same sex marriage or relationship ends. The 2nd District Court of Appeal recently decided the case of RUSSELL v. PASIK, 40 Fla. L. Weekly D2313a. This case involved a lesbian couple in which each…
Are you being stalked by an Ex? Florida now has a statute that specifically addresses the issue of stalking. Section 784.048(2), Florida Statutes (2014), criminalizes “[a] person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” To harass, is “to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that…
We’re honored to share with you that Scott Weiss has been selected to the 2015 Florida Rising Stars list! This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Florida. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and…
THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL PRESS RELEASE Scott M. Weiss, of , has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the…
Unless an agreement has been entered a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. Below are the factors the Court must consider. a. The nature, quality, extent of involvement, and duration of the child’s relationship with…
For couples who are clear about their decision to divorce and do not share minor children, Florida offers a process for a simplified dissolution of marriage. This type of divorce can take as little as 30 days to complete and cost very little money. Do we qualify for a simplified dissolution of marriage? If you wish to qualify for a simplified…
Florida’s infamous George Zimmerman has recently been back in the news, this time not for alleged murder but for domestic troubles. Zimmerman and his estranged wife, Shellie, are divorcing. A recent encounter led her to place a panicked call to 911 to request police intervention. While it is unclear as to precisely what happened between the couple, or between Zimmerman…