Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
Same-sex couples might decide to use assisted reproductive technology to have children. Florida law is unfortunately not clear on the rights of both parents in this situation, even when the parents are married. A recent appellate case certifies conflict with another case concerning the legal status of those who use artificial insemination or similar methods to bear children: Rivera v. Salas, 2D2022-4066 (Fla. 2d DCA July 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
If a couple is together for many years prior to the time they marry, can the time they were together before they married be considered in determining how long alimony should be paid? Section 61.08 of the Florida Statutes provides the framework for deciding how long and how much alimony should be awarded. This was an issue in the case Taylor v. Davis, 1D20-561 (Fla. 1st DCA July 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
Many same-sex couples in Florida chose to enter cohabitation agreements before same-sex marriage became legal in the state. In one recent appellate case, one couple got married after the entry of an alleged oral agreement. When they filed for divorce, an issue arose as to the existence of this oral cohabitation agreement.
Posted by Nydia Streets of Streets Law in Same-Sex Family Law
Before same-sex marriage became legal in Florida, many couples opted to enter cohabitation agreements which spelled out their rights and responsibilities in the event of their break-up. Although it is usually best to have a cohabitation agreement reduced to writing, Florida law recognizes oral cohabitation agreements between unmarried parties. The case Armao v. McKenney, 218 So.3d 481 (Fla. 4th DCA 2017) shows us how a court determines the existence of an oral contract in these cases.
