Marital agreements, appeals, enforcement, and fees — the procedural backbone of family law — generate a steady stream of practical questions. This page collects the ones Brevard County clients ask most, with plain-language answers and links to our detailed guides. For your specific situation, The Law Office of John Vernon Moore, P.A. — with over 89 years of combined experience — is at (321) 529-7777.
Marital Agreements
Do I really need a prenup — or is that just for the wealthy?
Anyone with a business, expected inheritance, children from a prior relationship, or meaningful premarital assets benefits. The default rules are generic; an agreement is the custom fit. Start with prenuptial agreements and how enforceable ones are drafted.
We are already married. Is it too late for an agreement?
No — a postnuptial agreement does the same work after the wedding: protecting the business, ring-fencing an inheritance, settling finances during a reconciliation. It is scrutinized more closely than a prenup, so process discipline matters even more.
We live together but are not married. Do we have rights?
Almost none automatically — Florida abolished common law marriage in 1968. A cohabitation agreement, paired with wills and beneficiary designations, is how unmarried partners write their own protections.
Can I get out of the prenup I signed?
Possibly — Florida voids agreements signed involuntarily (duress, coercion, overreaching) or that were unconscionable and made without fair financial disclosure. Facts and evidence decide it: see challenging a prenup.
Appeals and Post-Judgment Motions
How long do I have to appeal my family court ruling?
Thirty days from rendition — jurisdictional, no extensions. A timely motion for rehearing pauses the clock until decided. The whole roadmap: the appeals process and motions for rehearing.
What are my chances on appeal?
Depends on the error type: misapplied law reviewed de novo reverses at meaningful rates; attacks on judgment calls rarely succeed; missing statutory findings are among the most reversible defects — but usually must be raised by rehearing motion first. An honest record review sorts your case in one consultation.
I just discovered my ex hid assets during our divorce. Is it too late?
Often not — concealed assets support reopening the judgment under Rule 1.540, on real deadlines. Move quickly: see hidden assets and post-judgment relief.
Enforcement
My ex ignores our final judgment. What actually works?
Match the tool to the obligation: contempt for support and timesharing; judgments, liens, and garnishment for property obligations; court-executed deeds for refused transfers. The full arsenal: enforcing final judgments and enforcing settlement agreements.
Can my ex be jailed for not paying?
For willful nonpayment of support — yes, through civil contempt with a purge amount they can pay. Property-division debts cannot be jailed over, but they collect through liens and garnishment. How the hearing works: contempt in family court.
I genuinely cannot pay my support right now. What do I do?
File for modification immediately, pay what you can, and document everything — that posture defeats willfulness. Silence and zero payment is what contempt was built for. See modification after job loss.
Fees and Sanctions
Who pays the lawyers in a Florida divorce?
Default: courts can shift fees on need and ability to pay — including temporary fees at the start so both spouses can afford counsel — adjusted for litigation conduct. Contract clauses and sanctions add more routes. The full map: attorney’s fees in family law.
My ex litigates just to burn my money. Is there a remedy?
Yes — conduct-based fee adjustments, and § 57.105 sanctions for frivolous positions, with a 21-day safe-harbor letter that forces withdrawal or fee exposure against both the party and their lawyer. See 57.105 sanctions.
Are contested cases always this expensive?
No — most cases settle, and courts push mediation early. The expensive cases share features: hidden finances, unreasonable positions, and drafting failures that spawn enforcement litigation. Every one of those is addressable — ideally before it happens.
Get Procedural Strategy, Not Just Answers
Agreements, appeals, and enforcement are where family law rewards precision most. The Law Office of John Vernon Moore, P.A. serves clients throughout Melbourne, Palm Bay, Viera, Titusville, and all of Brevard County. Call (321) 529-7777 or schedule a consultation today.