Courtroom Answers for Florida Family Lawyers
Designed for courtroom use, the Notebook addresses the full range of issues likely to arise in the courtroom:
- Course and Conduct of Trial
- Documentary Evidence
- Other Physical Proof
- Witness Competence and Disqualification
- Witness Examination Issues
- Witness Questioning and Answering
- Science, Opinion, and Experts
- Alternatives to Physical and Testimonial Proof
- Hearsay Exceptions: Declarant Unavailable
- Hearsay Exceptions: Declarant Available
- Character and Habit
- Relevance and Materiality
- Other Rules Governing both Physical and Testimonial Proof
- Substantive Family Law
- Family Law Rules
Quickly find arguments and objections on the eve of trial, in court or during a recess. Florida Family Law Trial Notebook is a quick and easy reference to the law regarding every major substantive issue in marital and family law cases. Florida Family Law Rules of Procedure are summarized in plain English, complete with case annotations. Separate chapters are devoted to evidentiary issues most commonly encountered in marital law, including documentary evidence, trial testimony, witnesses, and hearsay.
Forty-five forms are provided in print and digitally to help speed your trial preparation. The collection contains
- Task checklist
- Motions to produce
- Motion to compel
- Motions for evaluation and examination
- Motion in limine
- Expert witness interrogatories
- Proof chart
- Admissibility of expert witness testimony
- And more
Florida Family Law Trial Notebook is the single source for answers to issues arising in family court. Its tabbed pages and unique organization help you solve the most difficult evidence, procedure, and substantive law questions. And, each year you receive concise summaries of important family law decisions decided by the appellate courts. Never miss out on changes in the law.
REVISION 10 HIGHLIGHTS
Recent amendments to the Florida Family Law Rules of Procedure, new material on protective orders, and more than 200 new case notes make this edition of Florida Family Law Trial Notebook invaluable for both new and experienced practitioners. This year’s developments include:
- Extensive amendments to the Florida Family Law Rules of Procedure, effective March 16, 2017, are incorporated throughout Chapter 18.
- Trial court should not have established a child support average when the former husband paid the former wife a reduced amount of child support based upon the parties’ oral agreement.
- A settlement agreement was not binding where attorneys announced terms of the agreement before the trial court but parties did not indicate agreement with the terms.
- Charging lien may not attach to an undifferentiated award of family support.
- Absent a showing of a related depletion of marital assets, a party’s adulterous misconduct is not a valid reason to award a greater share of those marital assets to the innocent spouse.
- Court erred when it awarded temporary alimony to the husband that when combined with the income imputed to him exceeded the monthly expenses set forth on his financial affidavit.
- Husband did not waive the right to seek modification of alimony where the marital settlement agreement provided only that he pay a varying amount in years 1 through 5 and that either party’s death would terminate alimony.
- Trial court erred when it found husband in civil contempt when it moved immediately to a show cause hearing during the final hearing on the petition and counter-petition for dissolution of marriage without providing husband with notice and an opportunity to prepare.
- Trial court’s order that the former husband not discuss religion with the children during his parenting time was upheld where the trial court found that the father sought to pit religion against the children’s mother.
- Court erred when it determined at the final hearing that the child would reside with the father now, then with the mother when the child begins middle school. Such a prospective-based analysis is inappropriate.
- Trial court erred when it ordered the wife to pay $700.00 per month to the husband until she paid $15,000.00 to effectuate equitable distribution where there was no evidence that she had the ability to pay the sum ordered.
- Trial court effectively deprived the wife of her present interest in the parties’ marital home when it allowed the husband to pay her $100.00 per month until $25,000.00 had been paid.
- A prenuptial agreement that provided that the husband shall be entitled to all equity in his premarital home and that the wife shall not be entitled to any interest in it unless granted in a formal written instrument waived the former wife’s rights in the property including appreciation during the marriage.