Author Archives: Jay Butchko
Understanding Mediation in a Florida Divorce
Mediation is a form of alternative dispute resolution. It is considered mandatory in a Florida divorce to pursue mediation prior to litigating your divorce. A litigated divorce is similar to what you see on television programs that like to turn up the heat on the drama. Most television programs would not air an episode… Read More »
Do I Need Permission to Move More than 50 Miles if I am a Custodial Parent?
The State of Florida has a relocation statute that is found in Florida Statutes § 61.13001. To answer the question bluntly, the answer is “yes”. You must file a petition to relocate if you plan on moving more than 50 miles away from your current address and you have a minor child. If you… Read More »
Is an Uncontested Divorce in Your Best Interests?
There are many ways to dissolve a marriage in Florida. Those can include mediation, collaborative divorce, and litigation. However, the simplest and fastest way to dissolve a marriage is by filing an uncontested divorce. An uncontested divorce is a proceeding in which both parties draft their divorce decree and mutually agree on all of… Read More »
Obtaining a Domestic Violence Injunction in Tampa, FL
Under Florida law, domestic violence is considered any assault or battery on any individual within their household. This includes: Assault and aggravated assault Battery and aggravated battery Sexual assault and sexual battery Stalking and aggravated stalking Kidnapping False imprisonment It can also include any criminal offense that results in injury to one party. In… Read More »
What You Need to Know About Mandatory Disclosure During Your Florida Divorce
Mandatory disclosure occurs during the discovery process of a divorce. Each party is required to present the other party with their financial records. Parties cannot lie or hide information from the other party during a divorce. This can cause severe consequences for the party attempting to hide assets. In this article, the Tampa divorce… Read More »
Litigating After Divorce: What You Need to Know about Divorce Modifications
Your final judgment of dissolution will determine how things play out after you are divorced. But circumstances change. Issues related to your financial situation are dynamic. Children grow older and their needs change. You switch jobs. Your income changes. This can directly affect child support and alimony payments. One spouse may have to relocate…. Read More »
Child Custody Rules in Florida Level the Playing Field Between Moms and Dads
Prior to 2008, the term “custody” was often used to decide which parent would have decision-making power over the child. Today, Florida operates under a different doctrine. Prior, Florida operated under the “tender years doctrine” which favored the mother in child custody arrangements. Today, the court uses the “best interests of the child doctrine”… Read More »
The Rights of Unwed Fathers in Tampa, FL
Several new laws have been passed recently that shift the playing field for fathers. Today, unwed fathers in Florida automatically have parental rights over their children. This is a shift from the past when the Florida courts would automatically assign custody and responsibility rights to mothers. Decisions related to paternity have significant implications for… Read More »
What Are The Top 4 Most Common Reasons For Divorce?
A couple can divorce for a variety of reasons. By being aware of four of the most common reasons, it is easy to take actions that can prevent a divorce, or to affirm one’s decision to obtain a divorce. What Is A Divorce? A divorce is, in its simplest form, the legal dissolution of… Read More »
What Are The Best Ways You Can Protect Your Finances During A Florida Divorce?
A divorce can lead to a spouse’s finances being damaged. But, by being aware of the best ways one can protect their finances during a Florida divorce, it is much easier for a spouse to ensure that their finances remain strong and secure. What Are The Best Ways You Can Protect Your Financial Interests… Read More »