Leskovich Law Group, P.A.FindLaw IM Template2026-11-05T22:27:54Zhttps://www.southernjustice.com/feed/atom/WordPress/wp-content/uploads/sites/1500645/2022/06/cropped-Favicon-32x32.pngOn Behalf of Leskovich Law Group, P.A.<![CDATA[Protecting your business interests during a Florida divorce]]>https://www.southernjustice.com/?p=491752026-11-04T11:44:03Z2026-11-04T11:44:03ZThe effect of equitable distribution on your business
During a divorce in Florida, courts typically divide marital assets fairly between spouses. This can start as a 50/50 split and end that way in some cases, but it does not always apply in every couple’s situation. Some judges might view business value as part of the marital estate, which can potentially lead to a forced buyout or the liquidation of assets without proper legal intervention.
Distinguishing marital from nonmarital assets
A critical factor in protecting your business is determining if it counts as marital property or not. Even if you started the company before marriage, the increase in its value during the marriage may matter when dividing property.
Any increase in value resulting from the investment of marital funds during the marriage may be eligible for distribution. Showing precise financial records and having a professional valuation can help you prove the value came from your own efforts rather than from shared marital growth.
Managing the property division process
A high-net-worth divorce often calls for strong legal knowledge and an understanding of human behavior and emotions during negotiations. It can also be beneficial to approach asset division with a focus on resolving conflict and planning your strategy. This can help you reach a settlement that satisfies legal obligations while ensuring your business remains a viable, thriving entity.
Protecting what you created and built
Ending your marriage does not mean having to lose control of your business in Florida. With the right approach, you can safeguard your current assets and the foundation of your continued financial independence and professional success for years to come. The legal team at Leskovich Law Group, P.A. can help you pursue a fair outcome during this big transition.]]>On Behalf of Leskovich Law Group, P.A.<![CDATA[What happens to your license after refusing a breathalyzer]]>https://www.southernjustice.com/?p=491692026-10-26T05:01:40Z2026-10-26T05:01:40ZYour license may face immediate suspension
Florida's implied consent law requires drivers to submit to certain lawful chemical tests under specific circumstances. Refusing a qualifying breath or urine test can lead to an administrative license suspension.
A first refusal generally results in a one-year suspension. Eligible drivers may receive a temporary driving permit that is generally valid for 10 days. You must act quickly if you want to challenge the suspension.
Suspension periods depend on prior refusals
Florida imposes stricter penalties for repeat refusals. A second or subsequent refusal generally results in an 18-month license suspension.
A qualifying refusal can also lead to criminal charges. Under Florida law, a first qualifying refusal after a DUI arrest can result in a second-degree misdemeanor charge. A second or subsequent qualifying refusal can result in a first-degree misdemeanor charge.
These penalties are separate from any DUI case. You may face an administrative license suspension and criminal proceedings at the same time.
You can challenge the suspension
Florida law generally gives drivers 10 days from the date the notice of suspension is issued to request a formal or informal review. The deadline starts when the notice of suspension is issued. Missing this deadline may limit your options for challenging the suspension.
The Florida Department of Highway Safety and Motor Vehicles handles these hearings. A hearing officer reviews the case. They check whether officers had probable cause to make the arrest. They also examine whether the driver refused a lawful test and received the required warnings.
The hearing officer may uphold, amend or invalidate the suspension based on the evidence. The outcome depends on the facts of your case.
Understand your legal options
Refusing a breath test can affect your driving privileges and expose you to criminal penalties. Acting promptly can help you understand your options and preserve your right to challenge the suspension.]]>On Behalf of Leskovich Law Group, P.A.<![CDATA[Can you be charged with a crime if you acted in self-defense?]]>https://www.southernjustice.com/?p=491672026-10-07T15:43:32Z2026-10-07T15:43:32ZWhen you can legally claim self-defense
You generally have a legal defense when you reasonably believe you needed to use force to protect yourself or someone else from an immediate unlawful threat. Florida law allows you to defend yourself without first retreating when the circumstances meet the state's requirements.
How much force was used also matters. When you use deadly force, you must have genuinely believed that doing so offered the necessary protection against an imminent threat of death, severe bodily harm or a forcible felony. A court can examine the situation as you experienced it at the time rather than judging your decision only from what happened afterward.
When your response goes beyond self-defense
You can face criminal charges when your response exceeds what the circumstances reasonably required. Your initial right to protect yourself does not automatically cover actions that continue after the immediate threat has ended.
For example, suppose the other person no longer poses an immediate danger but you continue using force. Prosecutors could argue that your later actions no longer served a defensive purpose. The court can consider the full sequence of events, including what you believed and how the situation changed.
When you started the confrontation
Your own conduct at the beginning of an encounter can affect whether you can rely on self-defense later. Florida law generally limits this protection when you provoke the conflict or deliberately create the situation that leads to using force.
The law recognizes exceptions when a person takes steps to leave the conflict and clearly communicates that they want to stop, yet the other person continues the confrontation. The events leading up to the encounter therefore matter when determining whether the defense applies.
When separate conduct creates criminal exposure
Even if your claim that you acted to protect yourself or someone else is valid, it will not excuse unrelated criminal conduct during or after an encounter. The legal protection applies to conduct that meets the requirements for justified defensive force, not to every action connected to the incident.
Florida law also provides protection from criminal prosecution when the force you used qualifies as lawful self-defense. However, police can still investigate what happened and they may make an arrest when probable cause indicates that your actions fell outside those protections.
Protect your rights after a self-defense incident
The outcome of a self-defense claim depends on the specific facts and the actions you took during the encounter. If police investigate or charge you, consider speaking with an attorney before providing a detailed account. They can review the available evidence with you and explain how Florida's self-defense rules apply to the circumstances you faced.]]>On Behalf of Leskovich Law Group, P.A.<![CDATA[4 facts parents must know on child relocation in Florida]]>https://www.southernjustice.com/?p=491652026-10-01T11:31:03Z2026-10-01T11:31:03ZUnderstanding the Florida 50-mile relocation threshold
Florida law defines child relocation as moving a child's main home at least 50 miles away for 60 consecutive days or more. Judges measure this 50-mile radius in a straight line from doorstep to doorstep on a map.
Moves under 50 miles do not trigger statutory relocation rules, but you must still check your current custody agreement for change of address notice rules.
Agreement by consent avoids a lengthy court battle
When both parents agree on a move, the legal process stays simple and fast. You can satisfy legal rules by signing an official written agreement that outlines:
Written consent from both parents to permit the move
A new time-sharing schedule for visits and holidays
Clear details on who pays for travel and transportation
This written agreement goes to a judge for formal signing to turn your shared decision into an enforceable court order.
Filing a formal petition to relocate without consent
If the other parent says no to your move, you must file a sworn legal petition with the court before you pack. This official petition gives details about your new address, your new job offer letter, and your suggested visit plan.
The other parent receives formal legal papers and gets 20 days to file a verified response or objection with the court. Missing this 20-day window can cause the judge to approve the move automatically.
Consequences of moving without court permission
Packing up and moving a child fifty miles away without written consent or a court order creates major legal trouble. Judges treat unapproved moves as serious violations:
Immediate court orders to bring the child back
Quick changes to give the other parent primary physical custody
Heavy money fines and court costs paid to the other parent
Florida courts respond fast to unapproved moves, which makes advance legal preparation your safest path forward.
Protect your parental rights before a major move
Moving across state lines or across Florida involves strict timelines and specific evidence. Speak with a qualified family law attorney to protect your time with your child every step of the way.
]]>by Leskovich Law Group, P.A.<![CDATA[Can a prenup protect inheritance received during marriage?]]>https://www.southernjustice.com/?p=491622026-09-29T18:13:23Z2026-09-29T18:13:23ZHow Florida law treats inherited assets
Florida Statutes § 61.075(6)(b)(2) classifies assets received by inheritance during marriage as nonmarital property at the time of receipt. A court generally treats them as belonging to the spouse who received them. However, that classification is not permanent. Inherited assets may lose their separate status when they are mixed with marital funds or handled in ways that show an intent to treat them as jointly owned.
A prenuptial agreement reinforces this protection by identifying which assets remain separate property, including any inheritance received after the marriage begins. The agreement creates a clear legal record of each party's intent before any dispute arises.
Grounds for challenging a prenuptial agreement
Under Florida Statutes § 61.079, a prenup can be challenged in several ways. The other party may argue it was signed under fraud, duress, coercion or overreaching. A challenge may also succeed if the terms were grossly unfair at the time of signing. This path requires showing the challenging party lacked fair disclosure of the other spouse's finances. A court may void the agreement or limit certain terms if a challenge succeeds. Full disclosure from both parties at signing reduces these risks.
Why commingling puts inherited assets at risk
A prenup alone may not protect inherited assets. How the funds are handled after marriage also matters. Under Florida law, inherited funds may become marital property if they mix with shared assets and cannot be traced to their source. Common risks include:
Moving inherited funds into an account held jointly with a spouse
Using inherited money to buy shared property or pay down marital debt
Failing to keep records of the funds' source and account history
Retitling or converting inherited assets into jointly held property
Keeping inherited funds in a separate account and saving records of their source, statements and transfers can help show that the assets remain separate property.
How to maintain protection for an inherited asset over time
Protecting an inheritance in Florida requires both a well-drafted prenuptial agreement and sound financial management throughout the marriage. A Florida family law attorney can review the terms of an existing agreement, confirm it adequately addresses inherited assets and identify any financial habits that may be weakening the protection the agreement is designed to provide.]]>by Leskovich Law Group, P.A.<![CDATA[Can you face burglary charges if you did not steal anything?]]>https://www.southernjustice.com/?p=489362026-09-22T18:41:07Z2026-09-22T18:41:07ZWhat makes an act burglary under Florida law
Florida treats burglary as an offense involving unauthorized entry into a structure or remaining there without permission while planning to commit a crime. Theft does not have to occur for burglary charges to apply. The law instead looks at whether the person entered or stayed unlawfully and had criminal intent at the relevant time.
The prosecution must show that the accused planned to commit a crime when entering the structure or staying there unlawfully. In an entry case, the required intent must exist when the person goes inside. In a case based on remaining, prosecutors examine whether the person stayed after permission to remain ended. The planned offense can involve more than theft. Assault, vandalism and other crimes may also satisfy this element.
How prosecutors prove intent without completed theft
Courts examine the circumstances surrounding your entry to determine criminal intent. Evidence that courts may consider includes:
Tools associated with forced entry, such as crowbars or bolt cutters
Gloves or other items suggesting an effort to avoid leaving evidence
Entry through a broken window or other forced point of access
Behavior inside the structure, such as searching through drawers or disabling security systems
Text messages, social media posts or prior conversations with others that reveal your plans
Law enforcement may also consider statements you made before the incident took place. Even if you left the property empty-handed, these factors can still support a burglary charge against you.
Florida burglary penalties and what affects the degree of the charge
A burglary conviction in Florida can carry serious consequences. Depending on the circumstances, these can include lengthy prison sentences and a felony record that may significantly limit your future opportunities in employment, housing and professional licensing. The degree of the charge depends on factors such as whether the structure was occupied at the time of the offense, whether you carried a weapon or whether anyone was injured during the incident.
Florida burglary law focuses on what a person intended, not what they took. Leaving without taking anything does not necessarily prevent a burglary charge. The tools carried, method of entry and actions inside the property may still support a charge. Understanding how prosecutors establish intent and how the defense can challenge it is often central to responding to a burglary accusation.]]>On Behalf of Leskovich Law Group, P.A.<![CDATA[How to modify a parenting plan in Florida when life changes]]>https://www.southernjustice.com/?p=489042026-09-21T01:41:56Z2026-09-21T01:41:56ZWhy Florida sets a high bar for modifying parenting plans
Florida courts prioritize stability in a child's life, which is why they do not modify parenting plans easily. To succeed, you must prove two things: that something significant has genuinely changed in your situation, and that the changes you are requesting serve the child's best interests.
Both must be demonstrated. If the first threshold is not met, the court will not even consider whether the change would benefit the child.
What counts as a substantial change in circumstances
The change must be significant and material, not merely inconvenient. Florida courts have recognized the following as potential grounds for modification:
A parent relocating more than 50 miles from their current residence
A significant and lasting change in a parent's work schedule
A child's new medical or educational needs the current plan does not address
A parent developing a substance abuse problem
Documented abuse, neglect or noncompliance with the existing plan
Under Florida law, you no longer need to prove that neither party foresaw the change when the court entered the original plan.
How the modification process works in Florida
The process begins with filing a Supplemental Petition to Modify Parenting Plan and Time-Sharing Schedule with the circuit court that issued the original order. The other parent has 20 days to respond.
Most Florida counties require mediation before a hearing. If the case is contested, the court will weigh how each parent supports the child's connection to the other parent, the child's adjustment to home and school, each parent's mental and physical health, and the child's own preference if they are mature enough to express one.
In high-conflict cases, the court may appoint a guardian ad litem to evaluate the situation independently. The judge decides based on the child's best interests, starting with the presumption that equal time-sharing serves those interests.
Before you file, know where you stand
The strength of your case depends on how well your circumstances meet the legal standard and what evidence you have to support them. A modification that seems straightforward can become complicated quickly, especially when the other parent contests the request.
Speaking with a family law attorney before you file gives you the clearest picture of what you will need to make your case.]]>On Behalf of Leskovich Law Group, P.A.<![CDATA[Is our prenuptial agreement enforceable?]]>https://www.southernjustice.com/?p=488752026-09-09T14:42:09Z2026-09-09T14:42:09ZWhy some clauses don't work
Florida law is very protective of children and general public policy. As such, you typically cannot pre-determine child custody or waive child support in a prenup because the court retains the power to decide what is best for a child at the time of a divorce. Courts also may not enforce provisions regarding future child custody or time-sharing schedules.
Personal conduct requirements can also be problematic, as they are often outside the scope of a legal financial contract. Because they may be unenforceable, it's wise to refrain from including:
Clauses that incentivize divorce
Financial penalties for a spouse gaining weight or changing their appearance
Requirements regarding the frequency of social outings or intimacy
Provisions that are extremely one-sided
Focusing on financial clarity keeps the document enforceable and respected by the court system.
Smart ways to reach your goals legally
Instead of trying to control behavior and lifestyle through a contract, focus on the financial framework of your marriage. If you are concerned about specific behaviors, you might consider how assets are titled or how separate property is maintained. For concerns about future children, you can discuss your values now, but keep the legal document focused on financial details and clarity.
If you still want to address personal details before marriage, you can still use creative strategies to create a non-binding framework. For instance, you might:
Create a separate mission statement to share your values and beliefs
Agree to seek mediation or counseling before anyone files for a divorce
Set a yearly date to talk about your life goals and how you are doing as a couple
These choices allow you to focus on your bond while keeping the legal paperwork clean and effective.
Taking the time to understand these legal nuances ensures that your prenuptial agreement is a helpful roadmap rather than a source of future conflict.]]>by Leskovich Law Group, P.A.<![CDATA[Florida gun carry rules: What people get wrong]]>https://www.southernjustice.com/?p=488732026-09-04T20:19:37Z2026-09-04T20:19:37ZMcDaniels v. State changed Florida’s rules on open carry while keeping other gun laws in place. Some gun owners may still face serious charges even when they believe they followed the law. Knowing which rules still apply to firearm possession and carry can help prevent costly mistakes.
Common misconceptions about Florida gun carry laws
Several recent changes to Florida’s gun laws have created confusion about where, when and by whom firearms may be carried. The following misconceptions are especially important to understand:
Firearms can be carried anywhere in Florida: Gun-free zones still apply in Florida. Schools, courthouses, government buildings and other restricted places remain off-limits. Carrying a firearm into a banned location can lead to criminal charges. The charge and possible penalties depend on the location and the facts of the case.
Anyone can carry a firearm in public: Constitutional carry does not cover everyone. Florida allows certain people who do not hold a concealed-weapon license to carry a concealed firearm if they otherwise satisfy specified statutory eligibility requirements.
Open carry is now legal everywhere: In September 2025, the First District Court of Appeal ruled Florida’s ban on open carry unconstitutional in McDaniels v. State. The Florida Attorney General then told law enforcement and prosecutors that the ruling made open carry lawful statewide for law-abiding adults. However, other firearm rules still apply. These rules limit who may possess a firearm and where a person may carry one.
Private businesses must allow firearms: Private property owners can generally restrict firearms on their property. However, Florida law gives some protections to people who lawfully store firearms in private vehicles. The rules can vary based on the location and the facts of each situation.
Recent changes did not remove Florida’s other firearm restrictions. The location, the person carrying the firearm and the circumstances still matter.
What to do when facing a Florida firearms charge
Florida's carry laws have changed, but constitutional carry does not eliminate every restriction. Eligibility, location and the circumstances of the carry can all affect whether a person may lawfully carry a firearm. If you are facing a firearms charge, speaking with a Florida criminal defense attorney before discussing the facts with law enforcement may help you understand the potential defenses and consequences.]]>On Behalf of Leskovich Law Group, P.A.<![CDATA[Can you get spousal support before your divorce is final?]]>https://www.southernjustice.com/?p=488712026-08-18T11:53:06Z2026-08-18T11:53:06ZFiling for divorce often creates immediate financial stress long before a judge signs the final judgment. Covering monthly mortgage payments on a house near Charlotte Harbor, keeping up with health insurance or buying basic groceries gets tough fast if your partner controlled most of the household income.
You do not have to struggle through a long legal battle without financial help. Florida law allows you to ask the court for temporary spousal support to keep your household running while your case moves forward.
How temporary support keeps your finances stable
Filing a Motion for Temporary Relief with the court helps you secure financial support during the divorce process. Judges look at specific financial details to decide if you qualify for interim payments:
Demonstrating a clear financial need for everyday costs like rent, utilities and medical care
Showing that your partner has the actual income or assets to pay those costs
Submitting mandatory financial affidavits, tax returns and recent pay stubs to prove your income gap
Gathering these financial documents quickly allows the court to establish a fair monthly payment that prevents unpaid bills. Retaining a skilled family law attorney can streamline this process by helping you collect proof of living expenses and presenting a strong case to the judge.
Protecting your lifestyle while your case moves forward
Receiving temporary alimony preserves the status quo by keeping your standard of living steady until your final trial or settlement. Requesting this interim order prevents your spouse from suddenly draining joint bank accounts or cutting off access to credit cards. Establishing these court-ordered payments also creates accountability, since missing a required support payment can lead to legal penalties or enforcement actions. These temporary payments do not automatically decide your permanent alimony amount. However, securing interim funds buys you crucial time to negotiate a fair final agreement without financial panic.
Taking control of your financial future today
A temporary support order does more than just pay the bills. It gives you time to think and catch your breath during a stressful time. Taking away money worries lets you make smart decisions about your future instead of rushing into a bad agreement just to get by. Getting this financial help puts you back on equal ground so you can focus on building a safe, secure future.]]>