Author Archives: Jay Butchko
What Is Equitable Distribution In A Florida Divorce?
Equitable distribution refers to the way in which assets are divided in a Florida divorce. Some states are considered community property states. In these states, assets are divided 50/50 no matter what. In equitable distribution states, assets are divided in a way that is equitable to both partners. This means that assets may not… Read More »
Do I Need A Guardian Ad Litem During A Florida Custody Battle?
In a high-conflict child custody case, the Florida courts have the option of appointing a guardian ad litem to help represent the children’s best interests during the divorce. In some cases, parents may also request a guardian ad litem from the court. If both parents agree, then the court will appoint a guardian ad… Read More »
Middle-Aged Americans Are Divorcing With Greater Frequency While Divorce Drops Among Younger Americans
Recent statistical analyses of divorce data indicate that divorce is going up among middle-aged and older Americans even as it seems to be dropping among younger Americans. According to Bowling Green State University’s National Center for Family and Marriage Research, divorce rates for Americans over 55 have doubled. For those over 65, divorce rates… Read More »
Previous Agreement Nullifies Substantial Changes Test To Custody Modification
Florida operates on a “best interests of the child” standard. This standard is applied to any decision the court makes regarding child custody issues. It doesn’t matter if the court issues the parenting plan or if the parties agree to the parenting plan in mediation. Any plan that the court affirms must promote the… Read More »
Contested High-Net Worth Divorces In Florida
High-net worth couples have to navigate certain hurdles that other couples don’t necessarily face in their divorce. Yes, their divorces tend to be more expensive, and this is largely because they are more complicated. High-net worth couples have more assets to divide, property that needs to be appraised, and financial matters to sort out…. Read More »
Appeals Court Overturns Alimony Ruling After Miscalculation Based On Gross Income
In the case of Parker v. Parker, a wife appealed the decision of the trial court which awarded her durational alimony for a period of five years. The wife believed that she was short-changed due to a miscalculation in how alimony was determined. The Florida courts award alimony in many divorce cases. There are… Read More »
What Can You Put In A Prenuptial Agreement In Florida?
While it may seem unromantic to ask your partner for a prenuptial agreement, it helps to understand that you already have a prenuptial agreement in place. The rules of divorce in Florida dictate how assets are distributed, how alimony is calculated, and what happens to marital debts after the marriage is dissolved. Instead of… Read More »
Substance Abuse And Child Custody In Florida
In Florida, the courts use a “best interests of the child” standard to determine issues related to child custody. That means that they put the best interests of the children at the forefront of any decision they make. The courts will consider whether or not a parent has an active substance abuse issue when… Read More »
How Can I Relocate With A Child In Florida?
Divorce can place a financial strain on a family. When one household becomes two, the expenses can generally double. You may go into debt from your divorce. You may have liabilities from the marriage that still need to be paid off. In some cases, spouses will have to declare bankruptcy. This could force them… Read More »
Study Reveals This One Communication Error Is A Predictor Of Divorce
If you’re reading a divorce lawyer’s blog, the time for successful communication tips may have passed you by. Nonetheless, we like to survey the most recent studies revealing key aspects of divorce across the U.S. There is no shortage of researchers who are studying divorce trends in America. Sometimes they review divorce statistics to… Read More »
