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Law Reference and Resource
Gary A. Hewetson, P.A. 111 North Belcher Road, Suite 206 Clearwater, FL 33765 Phone: (727)531-5888 Fax : (727) 531-6083
The law firm of Gary A. Hewetson, P.A. has been providing legal services to the people of Pinellas, Pasco, and Hillsborough County, Florida, for over thirty years.
The firm focus is the representation of those in need of the guidance and assistance of trial counsel in the pursuit or defense of an action for Divorce, Paternity, Domestic Violence and associated Family Law matters, those requiring representation in the criminal courts of the State of Florida and those seeking compensation for injuries they have suffered by reason of the negligent acts of another.
Florida Statues Covering Divorce
- Statue 61.21
Abstract:(2) The Department of Children and Family Services shall approve a parenting course which shall be a course of a minimum of 4 hours designed to educate, train, and assist divorcing parents in regard to the consequences of divorce on parents and children. (c) The parent education and family stabilization course shall be educational in nature and shall not be designed to provide individual mental health therapy for parents or children, or individual legal advice to parents or children. (a) The ...
- Statue 732.507
Abstract:732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage. (2) Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will ...
- Statue 736.1105
Abstract:--Unless the trust instrument or the judgment for dissolution of marriage or divorce expressly provides otherwise, if a revocable trust is executed by a husband or wife as settlor prior to annulment of the marriage or entry of a judgment for dissolution of marriage or divorce of the settlor from the settlor's spouse, any provision of the trust that affects the settlor's spouse will become void upon annulment of the marriage or entry of the judgment of dissolution of marriage or divorce and ...
- Statue 742.17
Abstract:--A commissioning couple and the treating physician shall enter into a written agreement that provides for the disposition of the commissioning couple's eggs, sperm, and preembryos in the event of a divorce, the death of a spouse, or any other unforeseen circumstance. (1) Absent a written agreement, any remaining eggs or sperm shall remain under the control of the party that provides the eggs or sperm. (3) Absent a written agreement, in the case of the death of one member of the commissioning...
- Statue 741.0306
Abstract:(1) Based upon their willingness to undertake this project, there shall be created by the Family Law Section of The Florida Bar a handbook explaining those sections of Florida law pertaining to the rights and responsibilities under Florida law of marital partners to each other and to their children, both during a marriage and upon dissolution. The material in the handbook or other suitable electronic media shall be reviewed for accuracy by the Family Court Steering Committee of the Florida ...
- Statue 736.1010
Abstract:736.1010 Event affecting administration or distribution.If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. 10, ch.
- Statue 627.6692
Abstract:627.6699, maintained by a small employer, which health benefit plan provides health care benefit coverage for the employer's employees or former employees, or for the dependents of such employees or former employees. If the employer terminates coverage under the group health plan for all employees and if such group health plan is replaced by similar coverage under another group health plan, the qualified beneficiary shall have the right to become covered under the new group health plan for ...
- Statue 383.0115
Abstract:383.0115 The Commission on Marriage and Family Support Initiatives. 20.03(10), called the Commission on Marriage and Family Support Initiatives. The operation of the Commission on Marriage and Family Support Initiatives shall be funded from general revenue funds currently allocated to the Commission on Responsible Fatherhood, shall maintain the current connection with the Ounce of Prevention Fund, and shall support and continue any community-based programs established by the Commission on ...
- Statue 90.804
Abstract:A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is inadmissible, unless corroborating circumstances show the trustworthiness of the statement.A statement concerning the declarant's own birth, adoption, marriage, divorce, parentage, ancestry, or other similar fact of personal or family history, including relationship by blood, adoption, or marriage, even though the declarant had no means of acquiring personal knowledge of the matter ...
- Statue 61.520
Abstract:(1) A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court. (2) Before determining whether it is an inconvenient forum, a court of this ...
- Statue 61.044
Abstract:61.044 Certain existing defenses abolished.The defenses to divorce and legal separation of condonation, collusion, recrimination, and laches are abolished. 6, ch.
- Statue 90.803
Abstract:The notice shall include a written statement of the content of the child's statement, the time at which the statement was made, the circumstances surrounding the statement which indicate its reliability, and such other particulars as necessary to provide full disclosure of the statement. The notice shall include a written statement of the content of the elderly person's or disabled adult's statement, the time at which the statement was made, the circumstances surrounding the statement which ...
- Statue 1009.21
Abstract:(4) With respect to a dependent child, the legal residence of the dependent child's parent or parents is prima facie evidence of the dependent child's legal residence, which evidence may be reinforced or rebutted, relative to the age and general circumstances of the dependent child, by the other evidence of legal residence required of or presented by the dependent child. However, the legal residence of a dependent child's parent or parents who are domiciled outside this state is not prima ...
- Statue 732.702
Abstract:(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. (2) Each spouse shall make a fair disclosure to the other of that spouse...
- Statue 689.225
Abstract:(d) For purposes of this section, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. (e) For purposes of this section, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested ...
- Statue 641.31072
Abstract:(a) The employee or dependent was covered under a group health plan or had health insurance coverage at the time coverage was previously offered to the employee or dependent. For the purpose of this section, the terms "group health plan" and "health insurance coverage" have the same meaning ascribed in s. (c) A person becomes such a dependent of the individual through marriage, birth, or adoption or placement for adoption, the health maintenance organization shall provide for a dependent ...
- Statue 627.65615
Abstract:(a) The employee or dependent was covered under a group health plan or had health insurance coverage at the time coverage was previously offered to the employee or dependent. For the purpose of this section, the terms "group health plan" and "health insurance coverage" have the same meaning ascribed in s. (c) A person becomes such a dependent of the individual through marriage, birth, or adoption or placement for adoption, the insurer shall provide for a dependent special enrollment period ...
- Statue 627.6498
Abstract:(c) Any person whose health insurance coverage is involuntarily terminated for any reason other than nonpayment of premium may apply for coverage under the plan. Major medical expense coverage offered under the plan shall pay an eligible person's covered expenses, subject to limits on the deductible and coinsurance payments authorized under subsection (4), up to a lifetime limit of $500,000 per covered individual. No rate shall exceed 200 percent of the standard risk rate for low-risk ...
- Statue 627.4235
Abstract:(1) A group hospital, medical, or surgical expense policy, group health care services plan, or group-type self-insurance plan that provides protection or insurance against hospital, medical, or surgical expenses delivered or issued for delivery in this state must contain a provision for coordinating its benefits with any similar benefits provided by any other group hospital, medical, or surgical expense policy, any group health care services plan, or any group-type self-insurance plan that ...
- Statue 626.99287
Abstract:--Except as hereinafter provided, if a viatical settlement contract is entered into within the 2-year period commencing with the date of issuance of the insurance policy or certificate to be acquired, the viatical settlement contract is void and unenforceable by either party. If the viatical settlement provider submits to the insurer a copy of the viator's or owner's certification described above, then the provider submits a request to the insurer to effect the transfer of the policy or ...
- Statue 491.005
Abstract:2. The applicant's graduate program must have emphasized direct clinical patient or client health care services, including, but not limited to, coursework in clinical social work, psychiatric social work, medical social work, social casework, psychotherapy, or group therapy. An applicant with a master's degree from a program which did not emphasize marriage and family therapy may complete the coursework requirement in a training institution fully accredited by the Commission on Accreditation...
- Statue 414.0252
Abstract:(1) "Alternative payee" means an individual who receives temporary assistance payments on behalf of a minor. (2) "Applicant" means an individual who applies to participate in the temporary family assistance program and submits a signed and dated application. (5) "Family" means the assistance group or the individuals whose needs, resources, and income are considered when determining eligibility for temporary assistance.
- Statue 408.9091
Abstract:(c) "Cover Florida plan coverage" means health care services that are covered as benefits under a Cover Florida plan. (d) "Cover Florida plan entity" means a health insurer, health maintenance organization, health-care-provider-sponsored organization, or health care district that develops and implements a Cover Florida plan and is responsible for administering the plan and paying all claims for Cover Florida plan coverage by enrollees. (a) Evaluate the Cover Florida Health Care Access Program...
- Statue 63.112
Abstract:(a) A certified copy of the court judgment terminating parental rights under chapter 39 or under this chapter or, if the adoptee is an adult or a minor relative or stepchild of the petitioner, the required consent, unless such consent is excused by the court. (d) Documentation that an interview was held with the minor, if older than 12 years of age, unless the court, in the best interest of the minor, dispenses with the minor's consent under s. (3) Unless ordered by the court, no report or ...
- Statue 61.503
Abstract:(3) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. (4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. (8) "Initial determination" means the first child custody determination concerning a particular child.
- Statue 61.191
Abstract:(1) This act applies to all proceedings commenced on or after July 1, 1971. (2) This act applies to all proceedings commenced after July 1, 1971, for the modification of a judgment or order entered prior to July 1, 1971. (3) In any action or proceeding in which an appeal was pending or a new trial was ordered prior to July 1, 1971, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.
- Statue 61.14
Abstract:Payments on judgments shall be applied first to the current child support due, then to any delinquent principal, and then to interest on the support judgment. The termination of the current child support obligation does not otherwise terminate the obligation to pay any arrearage, retroactive support, delinquency, or costs owed by the obligor. Any income-deducted amount or amount paid by the obligor which is in excess of the obligation to pay current support shall be credited against the ...
- Statue 61.125
Abstract:--The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court's order of referral. (a) If there has been a history of domestic ...
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