Family law attorneys rarely seek summary judgment in divorce, paternity, and family law cases. But, marital and family law attorneys should be aware that summary judgment is more achievable in family law cases, especially motions for partial summary judgment. A partial summary judgment is when a party seeks final determination of an issue in a family law case, as opposed to judgment on the whole case.

For example, a party in a divorce case might seek partial summary judgment on whether property is marital or non-marital. Partial summary judgment might also be appropriate on the portion of a military retirement that is subject to equitable distribution. In a post-judgment case, summary judgment or partial summary judgment might be appropriate on whether something qualifies as a substantial change in circumstances. Importantly, a motion for summary judgment also flushes out the facts a party might (or might not) have to support their legal position. In a paternity case, a father might seek summary judgment that he is the legal father, that paternity was previously established, or that he is a natural guardian of the child or children.

Florida courts recently modified the Florida summary judgment standard to make summary judgment easier to achieve for the moving party. The same standard applies in Florida family law cases. The purpose of this blog is to help family law attorneys better understand the new summary judgment standard and how a motion for summary judgment or partial summary judgment might be used to achieve results in a family law case.