Author Archives: Jay Butchko
What is the Difference Between Adoption and Legal Guardianship in Florida?
Guardianship and adoption are two key concepts under Florida law. The major difference between the two involves the fact that adoption is permanent while guardianship is temporary. Adoption permanently transfers all parental rights to the adoptive parents. This severs the legal relationship between the child and their biological parents. On the other hand, guardianship… Read More »
How Can I Divorce My Spouse After They’ve Been Deported?
It is possible, but complicated, to get a divorce from your spouse after they’ve been deported. In this article, the Tampa, FL, divorce lawyers at Westchase Law, P.A., will discuss some of the complications related to getting divorced from a deported spouse and how to overcome them. Residency requirements To get a divorce in… Read More »
How Can a Florida Parent Regain Visitation Rights After Being Accused of Drug Use
If you’re a Florida parent with a current drug addiction, you may be wondering what you need to do to get your children back in your life. The Florida courts do not look fondly on drug addiction when it comes to children. They generally assume that it’s not in the best interests of the… Read More »
What are Some Unique Complications of High Net Worth Divorces in Florida?
High net worth divorces are typically defined as those with over $1 million in liquid assets. Such divorces present unique challenges to attorneys and spouses compared to standard divorces. In this article, the Tampa, FL, high net worth divorce lawyers at Westchase Law, P.A., will discuss some of the challenges facing spouses with high… Read More »
Default Divorce in Florida: What Happens if I Ignore the Divorce Petition?
The divorce process is initiated when one spouse files a Petition for Dissolution of Marriage with the court. The other spouse, called the respondent, is formally served with divorce papers, and then only has 20 days to respond from the date they were served. Ignoring this deadline is not a good idea. Failing to… Read More »
What Should I Do About My Child Support Arrears?
Florida requires parents to provide financial support for their children. When one parent misses their child support payments, the unpaid amount is considered in arrears. Unpaid child support obligations can lead to serious legal consequences. If you owe child support arrears or are attempting to collect past-due payments, understanding Florida law can help you… Read More »
What You Should Expect at a Domestic Violence Hearing in Florida
In Florida, a domestic violence injunction is a sort of restraining order, of which there are two types: temporary orders and permanent orders. As a result, there are two types of hearings available: ex parte hearings and full hearings. The party requesting the injunction will likely have to attend both. In this article, the… Read More »
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 »