Chair's Message

I have decided to forego making closing remarks in this edition of FAMSEG. That fact that I have both an opportunity to present an outgoing message at the Section’s banquet, coupled with my last Commentator message in which I presented a year in review, is sufficient and it obviates the need for me to reiterate same here. Suffice it to say that I am pleased with this year, and grateful for the opportunity to lead and shape, in some small way, the Section. I love the Section, and it has been and will always be incredibly important to me.   

 

In approximately three weeks, I will be standing before a group of my friends, colleagues, chosen family (and hopefully you 😊) at the 2025 Family Law Section Awards and Installation Banquet. There, I will pass the gavel to Aimee Gross, as she transitions from Chair-Elect to Chair. In anticipation of that moment - one only about 45 other Section members will have experienced historically - I wish to thank Aimee (for her unwavering honesty) and Sarah Kay, Immediate Past Chair (for her calm, measured guidance), Tenesia Hall, Treasurer (for her top-notch organizational skills) and Andrea Reid, Secretary (for her steadfast support and encouragement). Additionally, I would like to thank Program Administrator, Willie Mae Shepherd, for her grace, guidance, budgeting, institutional knowledge, and specialized folders (electronic and paper) for every event. I have worked closely with these amazing women, and I know that the Section will be in excellent hands for years and years to come. I have such optimism for next year and the following years. I believe that the Section improves year to year as we learn from both our old and new mistakes and accomplish small and great things with kindness, grace, empathy and compassion.  

 

If you have not been to a Section Awards and Installation Banquet in the past, consider making this year the year that you step outside of your comfort zone, take a leap of faith, buy a ticket, and attend. This year, we kick off the Section’s events at The Florida Bar’s Annual Meeting with a Section Chair’s Reception from 5-7:00PM on Tuesday, June 24, 2025. Please stop by and join us, all are welcomed and encouraged to attend – including you. Join us on Wednesday, June 25, 2025, the following day, for the Section’s full day of Committee Meetings (the Awards and Installation Banquet takes place from noon-2:00P.M. that same day). Again, if only for the Awards and Installation Banquet, one committee meeting, or the entire day, I encourage you to attend. That same night, we have an additional reception (Family Law Section Membership Reception from 5-6:30PM). Please stop by and join us, all are welcomed and encouraged to attend – including you. On Thursday, at 9:00AM we have our first Executive Council Meeting of the new bar cycle, whereat the newly inducted Chair, New and Renewed Executive Committee members and New and Renewed Executive Council members will carry on the important work of the Section on behalf of Florida’s Families and The Section’s 4000+ Members. Again, from the bottom of my heart I encourage you to stop by and join us. (We also have mentors available through our mentoring program if you would like one-on-one guidance, support and encouragement!)

 

In about 2009, I dipped my toe into Section service for the first time. Over the past 15 years, I have dedicated a portion of my time to Section service. True, I make a decision most days to devote some small portion of my time to the business of the Section. However, to suggest that I have put more effort in than I have benefited therefrom in return would be dishonest. All it takes is a few minutes. I guarantee that as a welcome byproduct of your efforts, you will make friends, help and assist others, experience joy, and find in your heart of hearts that happiness comes from selfless service. Martin Luther King, Jr., stated, “Everybody can be great...because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love.”  Be great.  Get involved.  Today.  

 

A final super, special thank you to our Sponsors!  😊. 

 

This year was an epic year for Sponsors. Every dollar raised is an extra dollar that the Section has to continue to fund its good works on behalf of Florida’s families and matrimonial and family law professionals.  We would like to again thank the Sponsors for our Leadership Retreat: PlatinumBeebe LawGoldSmith, Stohlman, James & Gardere, P.A.Bronze-GWHS (Gladstone, Weissman, Hirschberg & Schneider, P.A.)Matthew Lundy LawSchipani, Norman & McClain, P.A.; and Soman Stewart Business Valuation and Forensic CPAs. And, we would like to again thank the Sponsors for the Review Course – Platinum Plus Sponsor – CBIZPlatinum Sponsors – Annex Wealth ManagementSmolinBakertilly, and EisnerAmperDiamond Sponsors – MSF McCain, Samons & FioriniGold Sponsors – Brinkley Morgan and O’Shell Daun CPAsSilver Sponsors – SoberLinkDean DortonFAZ Forensics and Hawk PI of Florida, Inc.Bronze Sponsors – FAC/CPAMatthew Lundy Law – QDRO LawDPA FamilyLegalElkhorn Wealth AdvisorsVECON – Voit Econometrics Group, Inc.Milestone Reporting and Girard & Johnson, LLC; and Exhibit Sponsors – Grass I Tamayo GroupQDRO QueenFamily Law Software, and The Florida Law Weekly. Please consider these generous entities, next time you are looking for related professional services.  And, we would like to again thank the Sponsors for the Leadership Retreat: Sapphire Sponsors – Apicella Law Group, PA, Rachel Silverman, Psy.D., and SoberlinkCocktail Sponsors – Milestone ReportingVasquez De Lara Law Group and The Virga Law Firm; and Breakfast Sponsors – Kaufman Rossin, Brinkley Morgan, and Rossway Swan


Finally, we would like to thank our annual sponsors: Signature Sponsors - Florida AppealsSchipani, Norman & McLain, P.A., and Smolin; Platinum Sponsors- Ari Harper, CPA and OurFamilyWizard; Gold Sponsors- DPA Family Legal and Freeman Mathis & Gary, LLP; Silver Sponsors- Green Cardigan Marketing and Psychological Affiliates; and Bronze Sponsor- Milestone Reporting CompanyI would like to personally commend each of you for choosing to sponsor the Section and support the important work we do. I would like to suggest to our readers that the next time you are looking for services for your business, start with one of these exceptional entities.  

 

If no one else has told you today that they love you, I do.  Thank you for the experiences, opportunities and memories. Please always be kind to yourself and others. 💙💙💙


 

Christopher W. Rumbold, B.C.S.

Section Chair, 2024-2025

Trial Advocacy Workshop

Click below and hear Elisha Roy, Laura Davis Smith and Amber Kornreich share all the reasons why you should attend our biennial Trial Advocacy Workshop in Miami next month! Registration is open, so don’t miss this opportunity to take your practice to the next level. Reserve your spot today!

Trial Advocacy Workshop Details with Elisha Roy, Laura Davis Smith and Amber Kornreich

Upcoming Section Events & Deadlines

JUNE

12


FREE CLE WEBINAR!

12PM EST: Substance Abuse, Addiction and Recovery, presented by John Lesko, Florida Lawyers Assistance Program; and Philip J. Schipani, Esq., BCS, Schipani, Norman and McClain; and moderated by Tiffany Mody, Esq. Click the link below to join the Zoom on Thursday, June 12 at 12PM EST. The meeting code is 884 1392 3996 and the passcode is 226726

JUNE

25-28


The Florida Bar Annual Convention

and Family Law Section Annual Meetings

The Boca Raton

JULY

23-27


Trial Advocacy Workshop

JW Marriott Marquis Miami

SEPTEMBER

17-21

Fall Meetings

Hyatt Regency Clearwater Beach. More info and registration coming soon!

OCT/NOV

29-1

In-State Retreat Omni Amelia Island, Fernandina Beach. More info and registration coming soon!

Sign Off From Michael Mendoza and Carolyn Ware, FAMSEG Co-Editors

To Our Readers and Contributors,


As we close the chapter on another Bar cycle, we, the co-editors of FAMSEG, wish to extend our heartfelt gratitude to each and every one of you. Your unwavering support, insightful contributions, and active engagement have made each issue of FAMSEG a great success.


Over the past year, we have had the privilege of sharing with you a wealth of knowledge, ranging from case law updates to thought-provoking opinion pieces. Each article and commentary has been carefully curated to provide you with the most relevant and impactful content in the family law arena. Section Chair Chris Rumbold’s theme and mission this year has focused on prioritizing our mental health. This theme has been a consistent presence in each FAMSEG. We hope you will take these messages with you and take good care of yourselves.


Thank you to each of our authors who have generously shared their thoughts and perspectives with our community. Your contributions have not only enriched our newsletter but have also sparked meaningful discussions and inspired innovative legal strategies.


Thank you once again for your support and collaboration. Together, we will continue to advance the practice of family law and make a positive impact on the lives of the families we serve.

Feature Articles

A Night in Vegas

By The Honorable John Guy, 4th Judicial Circuit


It was billed as “A Night in Vegas.” But to the students of a local high school’s Exceptional Student Education program, it was their Junior-Senior Prom. It was a chance for the school’s special needs students to be just like everyone else.


As each student entered the spacious gymnasium, the doors were opened by a band of hosts. Cameras clicked and eyes focused as each student made their way down the aisle of red carpet, to an arch of red, black, and gold balloons. Giant dice anchored more balloons on each side of the arch.


The gym walls and retracted wooden bleachers were covered with oversized playing cards, massive poker chips, and large hearts, diamonds, clubs, and spades.


The gym floor was bisected by a makeshift D.J. booth and speakers that played the same songs that played at the school’s other prom. Small disco lights flashed from tables around the D.J.’s working space. On one side of the gym was a photo booth, and on the other was a large sign that read, “Welcome to Fabulous Las Vegas Nevada.”


After a quick meal in the attached school cafeteria, the attendees hurried back into the gym for the main event – the dancing.


There was no standing around at this prom. Without exception, the approximately 25 students delighted in the open space cleared just for them. Each student danced in their own way, but they all danced together. Dancing partners were exchanged as frequently as smiles and hugs.


While most students bounced and moved in the center of the floor, a couple of students danced by themselves on either side. Another student skipped continually from one side of the basketball court to the other, smiling the entire time.


The young men wore jackets and ties, the young ladies arrived in dresses. When one of their classmates arrived late, everyone stopped as the gym doors swung open. Then they all rushed to the arch to embrace their slightly tardy friend.


The dancing paused only once and only long enough for the 11 seniors to take a class photo in front of the Welcome-to-Vegas sign.


The only things missing from the school’s other prom were cell phones and cliques. Everyone was just as popular and just as important as everyone else. And no one had time or need for Tik-Tok or Instagram.


My daughter was one of three students who would arrive and leave in a wheelchair. But her diagnosis and limitations of FOXG1 syndrome mattered not on this night. As my wife twirled her at the free-throw line, our daughter’s wide smile was all anyone could see. Her sky-blue dress was matched in brilliance only by the color of her eyes.


As I took it all in, tears filled my eyes, thinking of all the challenges these children faced outside the gym, and all the unbridled joy they felt inside it.


No curious stares that night. Not there.


If only for a night, one moment in their high school experience, the entire place was theirs. On this night, the special needs students needed nothing.


Hopefully, what happened in Vegas won’t stay there.

It's Important To Prioritize Your Well-Being

By Stacey Cohen, Esq.


As family law attorneys, we navigate emotionally charged cases, complex legal issues, and demanding schedules daily. It’s a rewarding profession, but one that can also be incredibly draining. For the past 14 years, I've dedicated my practice exclusively to marital and family law, and I'm incredibly proud of the culture we have built as a firm. Through my experience, I've come to deeply appreciate the critical importance of self-care and personal wellness—not just as buzzwords, but as essential components for sustainable practice and personal well-being.


Summer often brings a slight shift in pace, offering a unique opportunity to hit the reset button. I know how easy it is to get caught in the relentless cycle of deadlines and client needs, but taking intentional time to recharge isn't a luxury; it's a necessity. Personally, my Peloton is a non-negotiable part of my routine. It's not just "if I have time"; it's on my calendar, scheduled just like any other important meeting. This commitment to physical and mental breaks allows me to show up as my best self, both for my team and for my clients.


I strongly encourage all my colleagues to leverage the summer months to prioritize their own well-being. Whether it's through exercise, spending time outdoors, pursuing a hobby, or simply disconnecting, make a conscious effort to step away from the demands of practice. Go into the next year with a tangible plan for self-care and wellness, embedding it into your schedule. A recharged mind is a more effective mind, and a healthy attorney is a better advocate.


Let's make this summer a season of renewal, ensuring we're all poised for a productive and balanced year ahead.

Tech Tip: Secure Confidential Communication with Clients

By Matthew E. Thatcher, Esq.


One of the most fundamental responsibilities that we have as attorneys is the obligation to maintain the confidentiality of our client’s information. This obligation is memorialized in Florida Bar Rule 4-1.6. While on a surface level, a practitioner’s ability to comply with the obligation to maintain client confidentiality seems rudimentary; technology that we rely upon to enhance our practices poses inherent risks of inadvertent disclosure. In previously published ethics opinions, the Florida Bar has reminded practitioners to be cognizant of the need to protect client confidentiality when utilizing generative artificial intelligence [Fla. Bar Ethics Opinion 24-1], when using cloud computing platforms [Florda Bar Ethics Opinion 12-3], and even when using mundane physical devices such as printers, copies and scanners that contain storage media [Fla. Bar Ethics Opinion 10-2]. 

 

A common tool that most practitioners use daily is text messaging. Attorneys use text messages to communicate with family, friends, members of their office and even clients. The problem with text messages is that they are not secure communications and are at risk of interception and inadvertent disclosure.

 

On December 18, 2024, the Federal Cybersecurity and Infrastructure Security Administration (“CISA”) published a best practice guide for use of mobile communications, guidance-mobile-communications-best-practices.pdf In this publication CISA advised that people should stop using SMS based text messages because this format is encrypted and is subject to interception by anyone who accesses a telecommunication provider’s network. Put simply, a text message between you and a client sent through SMS is potentially not private.

 

There is a form of secure text message available on most phones. Apple iMessage sends end-to-end encrypted messages, but only between two Apple devices using Apple iMessage. RCS chats in Google messages are similarly protected through end-to-end encryption, but only between two devices using Google messages. The fundamental problem is that an iPhone user will not be able to send an encrypted message to an Android phone user. 

 

There is a solution. The simplest way to ensure that your messages exchanged with your clients can remain confidential is to use an end-to-end encrypted app. Three of the most popular are WhatsApp, Signal and Telegram. Each of these apps can be used without cost for their basic service. It does not matter what app you choose to use so long as you are taking steps to ensure that your electronic communications with your client remain confidential.

Honoring Juneteenth: Celebrating Freedom and Family

By Lakia Broomfield, Esq. and Kemie King, Esq.


June 19, 1865, marks the day Union soldiers arrived in Galveston, Texas, finally enforcing the Emancipation Proclamation; more than two years after it was signed. On that day, more than 250,000 enslaved African Americans in Texas were informed of their freedom. This moment, now commemorated annually as Juneteenth, symbolizes not only the end of slavery in the United States but also the resilience, strength, and enduring hope of a people who never gave up on justice. Today, Juneteenth stands as a federal holiday and a national celebration of freedom, unity, and the ongoing pursuit of equality.

 

For those of us in the family law community, Juneteenth offers a meaningful opportunity to reflect on the values that guide our work. It’s a powerful reminder of the importance of recognizing and respecting the unique histories, cultures, and experiences that shape every family. Family law professionals serve people from a wide range of backgrounds—each with their own traditions, values, and challenges. Embracing this diversity isn’t just a matter of fairness; it’s about ensuring every voice is heard and every family is treated with dignity and compassion.

 

Juneteenth is a time to celebrate together, learn from our shared history, and look ahead with optimism. It’s also a chance to highlight progress—through inclusivity, outreach in underserved communities, and mentorship programs that open doors for the next generation of legal professionals.

 

Judges, attorneys, and community providers must continue to respect the cultural differences of those they serve. From language and religion to parenting styles and family structures, this cultural competence helps prevent bias and misunderstanding—ultimately leading to better outcomes for children and families.

 

Honoring Juneteenth isn’t just about remembering history; it’s about fostering an inclusive and equitable future. It means championing diversity in our profession, listening to varied perspectives, and striving to meet the unique needs of every community.

 

As we celebrate this important day, let’s reaffirm our commitment to building a family law system where diversity is embraced, inclusion is the standard, and justice is truly for all.

Case Law Update


Phanord v. Phanord, 50 Fla. L. Weekly D1101a (3rd DCA May 14, 2025)

By Reuben A. Doupé, Esq.


By definition, motions are not pleadings. This is a very straightforward and well known statement of procedural law. This also means that any rules that address requirements of pleadings, do not necessarily apply to motions. 


In Phanord, the former wife filed a motion for contempt for the former husband’s failure to pay child support. At the hearing, the former husband tried to make an equitable laches defense. The general magistrate refused to consider the defense because the former husband failed to plead it as an affirmative defense, relying on Rule 12.110 (d). According to the former husband, the former wife waited THIRTY YEARS to bring this contempt motion, which “prejudiced his ability to rebut her claim with payment records.” 


The Third District decided to interpret Rule 12.220 (d) quite plainly, “In the answer a party must state affirmatively any matter constituting an avoidance or affirmative defense.” (emphasis added). The motion for contempt is not a pleading, rather it is a motion. Rule 12.100 (a) and (b). The rules did not create any requirement on the former husband to respond to the motion and there was certainly no requirement that he file an answer.  


In practice, it is always a good idea to file a response to provide the Court with a written expression of the defenses to a motion for contempt, be it inability to pay, a setoff or laches. However, as recognized by the Third District, this simply is not a requirement. 


Levinas v. Levinas, 2025 WL 1173061 (Fla. 3d DCA 2025)

By Cash A. Eaton, Esq.


Levinas involves the interpretation and enforcement of a marital settlement agreement. In part, the agreement stated, “The Husband shall receive the North Carolina Property as his sole separate property, free and clear of any and all claims by the Wife.” It also provided for two (2) options. Option one was for the former husband to refinance the North Carolina property within six months, satisfy the mortgage, and pay the former wife $65,000.00. Option two would occur if the former husband failed to refinance the North Carolina property. In that event, the property would be sold, the property would be listed for sale with an agreed upon realtor, and the proceeds shall be divided equally between the parties. The agreement was silent concerning carrying costs.


Ultimately, the property was sold to a third party. The resulting net proceeds were evenly divided, but the former husband then claimed $52,608.77 in carrying costs. The former husband initiated a post-judgment action. The general magistrate recommended denying the claim because it was his sole and separate property. The trial court ratified the order. The former husband appealed.


The Appellate Court determined that the North Carolina property never became the former husband’s sole and separate property because the property remained jointly owned until sold. Under Florida law, upon dissolution, property held as a tenancy by the entireties reverts to a tenancy in common, absent an agreement to the contrary. § 689.15, Fla. Stat. No agreement is necessary to effectuate this transition. Tenants in common bear equal responsibility for carrying costs, and silence in an agreement does not waive the right to reimbursement because the right is established by operation of law. Accordingly, the case was reversed and remanded.


Viera v. Viera, No. 3D24-2208, 2025 WL 1450496 (Fla. 3d DCA May 21, 2025)

By Ronald H. Kauffman, Esq.

 

A Husband appealed an order on the trial court's own motion to dismiss the divorce for lack of prosecution. On appeal, the Husband argued that the parties were not served with the notice required by Rule 12.420(d) (In all actions in which it appears on the face of the record that for a period of 10 months, no activity by filing of pleadings or order of court has occurred, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. . . If no such record activity has occurred within the 10 months immediately preceding the service of the notice, and no record activity occurs within 60 days immediately following the service of the notice, and if no stay was issued or approved before the expiration of the 60-day period, the action must be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. Mere inaction for a period of less than 1 year is not sufficient cause for dismissal for failure to prosecute.) The record proved the parties were not served with the notice required by rule 12.420(d) before the lower court's entry of the Dismissal Order. Accordingly, the parties’ due process rights were violated, reversed and remand with instructions to reopen the case.


Section Sponsors

Signature Annual Sponsors

Platinum Sponsors

Gold Sponsors

Silver Sponsors

Bronze Sponsor

Interested in writing an article for FAMSEG or our quarterly magazine, The Commentator? Email publications@familylawfla.org for more info!


Interested in becoming an Annual or Event Sponsor? Email sponsorships@familylawfla.org for more info!

Facebook  Instagram  LinkedIn  X