A new study by Montclair State University researchers says that in marriages with a high degree of conflict, divorce is often better for children than “staying together for the sake of the kids.” The study analyzed the results of a 10-year national survey of 7,000 married Americans and their children.…
Under Florida Statute sec. 61.076, any benefits and rights accrued during a marriage from a retirement, pension, profit-sharing, annuity, insurance plans and programs or deferred compensation are considered martial assets and are, therefore, subject to equitable distribution under Florida Law. For military retirement or retainer pay the following criteria must…
Divorce attorneys are finding that Facebook, the most popular social networking site on the Internet with over 400 million users worldwide, is yielding numerous nuggets of gold when mined for information that one spouse can use against another in court during a divorce. In fact, the American Academy of Matrimonial…
When you enter into a relationship with a divorce attorney, or any attorney for that matter, there are rules that govern the behavior of both client and attorney. Knowing what to expect, and what not to, is important so you obtain the best possible outcome for your case. Having an…
Anyone who has ever seen a legal program on TV knows that what a client says to their attorney is privileged – meaning that the attorney cannot divulge what he or she has discussed with a client, either of their own free will or by a court order. It is…
According to a recent article in the Detroit Free Press, law enforcement agencies across the U.S. are turning to cell phone forensics for help in criminal investigations and the data they rely on to catch crooks could easily be applied in divorce cases to nabbing cheating spouses or getting your…
The relationship you have with your divorce lawyer is in many ways the same as you would have with a co-worker or customer and good communication practices help ensure a positive outcome for your case. Here are some tips to help you communicate effectively with your divorce attorney: Keep and…
The Florida Family Courts are courts of equity. The goal of equity courts is to make the parties equal. What exactly does this mean? Generally, this means that family courts are supposed to deal fairly and equally with all the concerned parties. Florida is an equitable distribution state. Equitable distribution…
Under Fl. Stat. § 61.075: Equitable Distribution of Marital Assets and Liabilities, Florida courts shall set apart to each spouse that spouse’s non-marital assets and liabilities. Generally, courts will distribute a couple’s martial assets and liabilities equally among both parties to the divorce proceedings. Equitable distribution in Florida is the…
Being separated does not mean that marital funds that have been accumulated over the marriage cannot be used for mortgage payments, even if only one spouse occupies the home. When post separation payments are made from income that has been accumulated following the separation, it is usually necessary to determine…