Category Archives: Divorce
Could Birdnesting Be An Option To Save Money After Divorce?
Who gets the home after you divorce? How about the children? This is becoming more of an option for parents who want to ensure the best interests of their children. Of course, it has to work for both parents too; so how does it work? Essentially, parenting time is split between the two parents… Read More »
Key Concepts In Divorce: What Is Equitable Distribution
Basically, states operate on two different modalities when it comes to the distribution of assets. Those are community property states and equitable distribution states. In community property states all assets are divided 50/50. In equitable distribution states, the court determines what would be equitable for both parties. The major difference is that the courts… Read More »
Division Of Labor Leading Factor For Divorce
Financial turmoil has long been the leading cause of divorce. Now, a new study shines a more specific light on the matter indicating that the division of paid and unpaid labor has a profound impact on whether or not the marriage would last. The latest study seems to indicate that financial factors are much… Read More »
How Does Adultery Impact A Divorce Settlement In Florida?
This is a little tricky. Technically, Florida is a no-fault state when it comes to divorce. However, that only means that you don’t need a reason to end a marriage. At one point in time, you had to make specific allegations or the court would not hear your case. This produced an environment in… Read More »
Legal Separation In Florida
Some states allow married couples to file for legal separation. While legal separation involves living apart for a period of time, it is not the same as simply living apart. A legal separation is a pre-divorce process that allows a couple to settle specific issues that need to be addressed while the couple is… Read More »
Can A Florida Court Award Alimony And Child Support In One “Lump Sum”?
While a divorce case is pending, a Florida court may order one spouse to pay temporary alimony to the other spouse. As the name implies, temporary alimony is meant to help the recipient pay for their immediate living and legal expenses until the divorce becomes final. Temporary alimony is not automatically awarded. Rather, the… Read More »
How Spending During A Divorce Can Affect The “Equitable Distribution” Of Marital Property
Florida follows the principle of “equitable distribution” in divorce cases. While this does not necessarily mandate an “equal” distribution of marital property, it does require the court to determine what is “just and equitable under the circumstances.” For example, if one spouse is found to “dissipate” marital assets–i.e., intentionally waste jointly owned property on… Read More »
Can My Ex Still Inherit Under My Will?
Here is a hypothetical situation: Jessica divorced her spouse 10 years ago. But one day, as she is going through some of her files, she comes across her will. She never updated the document following her divorce, and it still names her ex-spouse as the executor and primary beneficiary of her estate. Panicked, Jessica… Read More »
How Does A Court Decide Who Gets The Family Dog In A Florida Divorce?
Child custody is often the most emotionally fraught source of conflict between parties in a divorce. But for many couples, deciding who will get custody of a pet is just as important. Indeed, many people treat their “fur babies” the same as they would their human children. Florida law, however, does not see it… Read More »
Can A Judge Rewrite A Divorce Settlement After The Fact?
Divorce cases are often resolved with both parties negotiating and signing a marital settlement agreement. Once approved by the court, the agreement is a legally binding contract. As one Florida appeals court recently observed, the language used in such agreements “must be crafted with precision, and when they are not, the parties should neither… Read More »