Marital assets and liabilities are defined as follows: Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them. The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds…
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If you can show “good cause” to the court, you may be entitled to an interim partial distribution of marital assets. Good cause is defined as extraordinary circumstances that require an interim partial distribution. In order to obtain this type of relief, you are required to file a sworn motion setting forth specific factual basis…
Continue reading ›When you are seeking a divorce, the Florida courts will equitably divide the property that was acquired during your marriage. Equitably does not necessarily mean equally. his property is commonly referred to as marital assets. Florida law provides that it would be a good starting point to divide marital assets 50-50. If the court intends…
Continue reading ›I know that divorce can be a very scary time in your life. I know that you have many questions to which you do not have answers. I am a very capable and experienced divorce attorney, and I can guide you through the divorce process and give you the answers you will need. I know…
Continue reading ›Under Florida law, minor children are not permitted to move more than 50 miles away from their current residence, unless written consent is provided by a parent, or by court order. An interesting situation arises when a minor child wishes to attend a private school in a out-of-state location. The obvious question becomes whether or…
Continue reading ›Custody of children in Florida is governed by the standard of the “best interests of the child.” In actuality, the term “custody” is no longer used in Florida. The terminology that is used by the court’s is what is known as “time-sharing.” Time-sharing is established in a parenting plan, which is a written agreement between…
Continue reading ›The current alimony laws “on the books” in Florida have been under recent attack. Although major changes were approved by the legislative branch of the government last year, the Governor issued a veto at the “11th hour.” You should expect to see a further attempt to pass some significant changes to the alimony laws this…
Continue reading ›Moving from the state of Florida with minor children without permission can have serious consequences. The rules for relocation from the state of Florida are found in Florida Statutes 61.13001. If the “stay behind” parent consents to relocation, make sure that consent is given in writing. If consent is not given, relocation must be initiated…
Continue reading ›Divorce often times becomes a power struggle for control over the children. Issues such as time sharing, educational decisions, sports activities, religious upbringing, and medical care are just a few of such issues. Anger between parents also brings the children into the middle of things. What role should the children play in their parent’s divorce?…
Continue reading ›Paying child support in a timely fashion is important; not only is it important to the well being of your children, it is also important to your continuing freedom. Although the Florida Constitution prohibits one from being imprisoned for a debt, the constitution will not protect you from being imprisoned as a result of non…
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