Author Archives: Jay Butchko
Are My Retirement Accounts Considered a Marital Asset in Florida?
Yes. All property and assets you accrued during your marriage are considered property of the marital estate. So, any accrued value to your retirement accounts occurring during the marriage would be considered marital property. Retirement accounts, like 401(k)s, IRAs, pensions, and certain government plans, are designed to help you save for your future after… Read More »
What are the Pros and Cons of an Uncontested Divorce in Florida?
We all know that divorce can be messy, but that isn’t necessarily the norm. In many cases, it’s cheaper, easier, and less emotionally draining to pursue an uncontested divorce. An uncontested divorce occurs when spouses can reach an agreement themselves or through a mediator. Such divorces do not require much court intervention and can… Read More »
When Can the Florida Courts Involuntarily Revoke My Parental Rights?
In Florida, there is a presumption under the law that joint custody is preferable to sole custody, and 50/50 timesharing of the children is preferable to other arrangements. There are two types of custody: Physical and legal. Physical custody refers to where the child lives. Legal custody refers to the power to make key… Read More »
Can My Alimony Be Revoked if I Move in with a New Partner?
Alimony, also known as spousal support, is available to either spouse in just about every divorce in Florida. According to Fla. Stat. Sec. 61.08(1), “In a proceeding for dissolution of marriage, the court may grant alimony to either party.” Alimony is awarded “If the court finds that a party has a need for alimony… Read More »
Costly Mistakes You Should Avoid During Your Florida Divorce
Divorce is an emotionally and financially draining experience. It’s nonetheless a necessity for certain couples. To make the situation worse, many individuals make very common mistakes that only add to their stress. In this article, the Tampa divorce lawyers at Westchase Law, P.A. will discuss how to avoid some of the most common mistakes… Read More »
How Are Businesses Evaluated During a Tampa Divorce?
You’re likely aware that your marital estate will be divided into two separate estates, yours and your spouse’s. Many folks think this relates to the family home, personal vehicles, and furniture, but there are other types of property that need to be considered. If you’re a business owner, your company might also be subject… Read More »
Can I Deny Visitation Rights to a Parent Who Won’t Pay Child Support?
Child custody matters are among the most emotional and contentious issues to be resolved during a divorce. One question that our Tampa, FL divorce lawyers are often asked is whether or not you can unilaterally deny visitation rights to a parent who is delinquent on their child support payments. The answer to this question… Read More »
Contested High-Net Worth Divorces and Florida Law
Couples with high-net worth have to navigate hurdles that other couples don’t necessarily have to deal with in their divorce. It’s true that high-net worth divorce tend to be more expensive. This is largely because they are much more complicated. High-net worth couples have more assets to divide, properties that need to be appraised,… Read More »
What Is a Parenting Coordinator and What Do They Do?
Deciding on child custody and visitation schedules can be a trying task, especially when you’re going through a divorce. Parenting coordinators are one of the many resources at your disposal as you attempt to finalize your divorce. They can help manage disputes concerning parenting decisions, schedules, or communication. Parenting coordinators also help alleviate the… Read More »
What Are the Penalties for Hiding Assets During a Florida Divorce?
During a Florida divorce, both parties must submit financial affidavits for when it comes time to consider the distribution of the marital estate. Since Florida is an equitable distribution state, the marital estate might not be divided evenly during the divorce. There is, however, a presumption in favor of dividing the marital estate 50/50…. Read More »