Author Archives: Jay Butchko
What Does Florida Statute § 61.13 Have to Say About Timesharing Agreements?
The statute that governs time sharing under Florida law can be found in section 61.13 of the Florida Statutes. In this blog post, we’ll take a look at the statute, its role in Florida family law, and what it means for you as a parent navigating the family court system. Understanding Florida Statute §… Read More »
Grounds for Divorce in Florida: Understanding Our No-Fault System
When it comes to divorce, Florida is considered a no-fault state. In other states, divorcees are allowed to blame their spouse for the breakdown of the marriage. Such grounds include adultery, cruel or inhuman treatment, or imprisonment. In Florida, we only allow no fault grounds for divorce. This makes divorce considerably simpler. Florida is… Read More »
What Is Parental Alienation Syndrome?
Parental kidnapping is the most extreme form of PAS. In most states, about 75 percent of missing children are abducted by a noncustodial parent. Usually, the kidnapping parents convince themselves that their former spouses are such bad parents that they must remove their children from these situations to keep their children safe. A lesser… Read More »
Should We Get a Premarital Agreement?
Until recently, only wealthy individuals with high-priced lawyers bothered with a premarital agreement. The laws were very complex. But recently, Florida lawmakers adopted the Uniform Premarital and Marital Agreements Act. This Act greatly streamlined the process, both in terms of making and breaking a premarital agreement. Furthermore, a Florida prenup may now be enforceable… Read More »
The Three Cs of Divorce Mediation
The success rate of divorce mediation is over 75 percent, mostly because of the three Cs of mediation, which are discussed below. Usually, family law judges order parties to undergo mediation if informal settlement negotiations stall or break down. Exact procedure varies in different cases, but here’s how it usually works. A professional mediator… Read More »
Top Five Property Division Factors in a Florida Divorce
The Sunshine State, like most other jurisdictions, is an equitable division state. Upon divorce, marital property must be divided equitably, so that the divorce isn’t an unfair financial burden on either spouse. Notably, only marital property is subject to equitable division. The distinction between marital and nonmarital property is often unclear, mostly because of… Read More »
Virtual Visitation Rights in Florida
Not all parents have the option of being physically present in their child’s life. Some live too far away or had to move for work. This presents serious challenges, but modern technology has provided some answers. To account for this issue, Florida enacted a virtual visitation law also known as the electronic communication statute…. Read More »
An Overview of Collaborative Divorce in Florida
Traditionally, divorces were litigated in front of a judge with each side battling it out against the other to address issues like equitable distribution of the marital estate, spousal support (alimony), child custody, and child support. Eventually, these divorces clogged up the courtrooms, and mediation was introduced to help take some of the pressure… Read More »
What is the Discovery Phase of a Divorce?
Divorce, among other things, is the legal process for dissolving a marriage. It’s generally complex which is why most people elicit the aid of attorneys to help them through the process. One of the most important steps in a divorce proceeding is the discovery process. The discovery process ensures that both parties have access… Read More »
Which Factors Affect the Division of Assets in a Florida Divorce?
One of the most important issues that need to be decided in a Florida divorce is how the marital estate is to be divided. While you were married, you and your spouse created a marital estate. Any asset you acquired or debt you incurred is considered a part of the marital estate if it… Read More »