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Author Archives: Jay Butchko

Alimony17

Appeals Court Rules on Termination of Alimony Due to Supportive Relationship

By Westchase Law P.A. |

It is not uncommon for a Florida divorce settlement to include some form of alimony or spousal support paid by one spouse to another. In such agreements, the individual paying alimony may stipulate that the alimony would terminate if the spouse receiving alimony enters into a supportive relationship with another partner. The Third District… Read More »

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FatherDaughter2

Florida Courts Prefer Equal Timesharing Arrangements

By Westchase Law P.A. |

Florida Statute §61.13 discusses timesharing arrangements for divorced parents with minor children. Every parent who is going through a divorce should understand the provisions set forth under this statute. Section 61.13 plays a crucial role in determining time-sharing relationships for minor children. In this article, the Tampa, FL child custody attorneys at Westchase Law,… Read More »

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DivCouple

Legal Agreements for Separated Couples Who Live Apart While Staying Married

By Westchase Law P.A. |

In some cases, a couple will agree to separate while remaining married. The decision to do so is a personal one. You may not be ready for the finality of a divorce or there may be financial reasons for avoiding divorce. Regardless of your reasons, you will want to put certain things in writing…. Read More »

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Custody

Filing an Emergency Custody Order in Florida

By Westchase Law P.A. |

Emergency custody orders should be used sparingly. They are filed when one parent alleges that there are indications that a child is in immediate physical danger, experiencing abuse, or at risk of being removed from the state. If you believe that your child is in danger or that your co-parent is planning to abscond… Read More »

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Annulment2

Can the Florida Courts Annul a Marriage?

By Westchase Law P.A. |

Most people think of divorce as a legal matter and annulment as a religious one. Christians, for example, may consider annulling a marriage if the couple never consummated the marriage (ie: had sexual intercourse). The courts seldom concern themselves with what goes on in a couple’s bedroom. But there are reasons that the court… Read More »

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FatherSon2

The Involuntary Termination of Parental Rights: When Can the Courts Take a Child Away from a Parent?

By Westchase Law P.A. |

It goes without saying that the Florida courts default on giving parental rights and custody of the children to the child’s biological parents. In legal terms, custody is defined as physical residence with a parent and the decision-making power to make decisions on behalf of the children. This decision-making power can include aspects related… Read More »

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Divorce12

What is Discovery in a Tampa, FL Divorce?

By Westchase Law P.A. |

The term “discovery” is lawyerly language for the exchange of documents that is necessary for the parties in a divorce proceeding to be fully informed as to all the relevant facts in a divorce case. For example, how would one calculate alimony or child support without knowing the financial information of the party who… Read More »

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Mediation9

Is Mediation Mandatory in a Florida Divorce?

By Westchase Law P.A. |

Florida has no specific rule that requires spouses to mediate their divorces. However, certain counties do have rules that require mediation prior to litigating a divorce. Hillsborough County, where Tampa, FL is found, does have such a requirement. Couples in Tampa, FL will have to at least try to resolve their issues in mediation… Read More »

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Div_alcohol

Allegations of Alcohol and Drug Abuse in a Florida Custody Case

By Westchase Law P.A. |

Under recent changes to Florida’s rules, parents are allotted 50/50 timesharing as the default arrangement ordered by the courts. However, the Florida courts also use a “best interests of the child” standard to deviate from the default presumption when it is appropriate. If one parent is determined to be unfit, they may have limited… Read More »

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DividingMoney

What is the Intentional Dissipation of Marital Assets in a Florida Divorce?

By Westchase Law P.A. |

Financial problems are a common reason why marriages end and divorces ensue. In some cases, this happens intentionally. The intentional dissipation of marital assets refers to a situation in which one spouse intentionally spends money in order to prevent the other spouse from getting the money in a divorce. In other words, it describes… Read More »

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