Florida law provides that in a dissolution of marriage proceeding, both the husband and wife are entitled to be on an “even playing field.” What this means is that the spouse who controls the family finances and who earns the higher income, frequently is required to pay for the legal fees and expenses of the…
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Generally speaking, personal service of the initial divorce petition and summons on your spouse is necessary in order to effectuate full relief. The concept of due process of law mandates that all parties involved be afforded the opportunity to have notice of the proceedings and opportunity to be heard. What happens however, when you don’t…
Continue reading ›Under Florida law, the rights of grandparents are extremely limited. In fact, recent cases have indicated that grandparents do not have the right to visit with their grandchildren over the objection of the child’s parents. Any law to the contrary has been declared unconstitutional. In 2004, the Supreme Court of Florida made it very clear…
Continue reading ›What is the significance of the concept of imputed income and its application to alimony and child support? Imputed income can become a very significant and important aspect in a divorce proceeding when we are talking about alimony and child support obligations. Florida law provides that a trial judge shall impute income to an unemployed…
Continue reading ›Generally speaking, the answer is no. Settlements from personal injuries are the separate property of the injured person. A portion of an award, if itemized to cover lost wages, or if awarded for loss of consortium, may be considered as a marital asset. Rarely is a settlement itemized, breaking down how the total was derived.…
Continue reading ›-Were you aware that everything that you file in your divorce case is a matter of public record? Were you aware that your life is “an open book”, for anyone to read? Well, it is. Every single pleading and all its contents is readily available for anyone to read, including your children. It is especially…
Continue reading ›There is a presumption that a prenuptial agreement was entered into freely and voluntarily. Usually each party to the agreement has had the opportunity to be advised by their own attorney, and each party has made a complete and total financial disclosure of their assets and liabilities tio the other party. Prenuptial agreements usually contain…
Continue reading ›Skype is rapidly becoming the tool of choice for many family law judges throughout south Florida, Boca Raton and Fort Lauderdale. Relocation cases involving minor children are not uncommon in South Florida. Relocation can occur for a multitude of reasons, but most frequently relocation with minor children occurs due to job transfers and other employment…
Continue reading ›More often than not, a divorce requires one to re-group and to start fresh. Usually, starting over is on a scaled down, reduced standard of living. No so with Tiger Woods. In spite of the massive financial settlement he recently paid to his wife Elin Nordegren, which was reported to be in excess of $100million,…
Continue reading ›The payment of child support can put even more stress on an already difficult situation for many people today. The economy has taken an obvious downturn for many, many people. In spite of the economic crisis, children depend on the support for their wellbeing. Trying to keep current on support obligations is no easy task,…
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