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…
Using the childhood reason that “everyone is doing it” as a justification for mimicking that behavior seems to be true for divorce, according to a recent study by a University of California-San Diego professor using data from a portion of the Framingham Heart Study of the 1970s. Professor James H.…
In some divorces, visitation rights and other custody issues can be highly charged points of contention. If divorcing spouses cannot agree on these issues, a court will decide the matter for them. However, as a Jacksonville child custody lawyer, I always advise couples to try to work out an equitable…
In Florida divorce, some marital assets can present a bigger challenge when it comes to determining how they are divided. For example, traditional pension plans cannot usually be divided immediately, and divorcing spouses who have executive pay packages that may involve contingency benefits like deferred stock options can complicate the…
If your ex is considering moving to another state with your child – or if you have custody and are considering a move – a Florida family law attorney can help you understand the legal aspects of child relocation and your rights as a parent. First, you cannot move out…
Under Florida Statute § 61.052(1)(b) a dissolution of marriage will not be granted from a party who is mentally incapacitated, unless the party alleged to be incapacitated has been deemed incapacitated for a preceding period of 3 years. The provisions to adjudge a person incapacitated falls under Fla. Stat. §…
Florida is an equitable distribution state. In essence, what this means is that the marital property should be divided fairly or equitably – not necessarily equally. The division of property is based upon all the facts of the case and also takes into account the contribution of each spouse to…
In Florida, guardianship is a legal process whereby a guardian is appointed to exercise the legal rights of a person who is incapacitated, or in cases when parents die or are incapacitated, for a minor child. A guardian that is appointment by the Florida Circuit Court may be either an…
In Florida, spouses have several options to choose from when it comes to obtaining a divorce. Those options include mediation, trial and a fairly new practice known as collaborative divorce. In a Florida collaborative divorce, each spouse has his or her own attorney who helps to negotiate an acceptable settlement…
The State of Florida has made it possible for certain couples to divorce via a simplified dissolution of marriage. However, Florida couples that wish to divorce without the services of a Florida divorce attorney must meet certain criteria: • Both must agree to a simplified dissolution of marriage; • The…