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One situation that Tampa divorce lawyers deal with on occasion involves one spouse who serves the other spouse with divorce papers, and the other spouse refuses to sign the papers because they don’t want the marriage to end. This can be an emotionally intense situation when the other spouse will not cooperate with the divorce process. Our attorneys generally handle…
Family law attorneys who specialize in divorce are often asked about annulment as an alternative to divorce in the state of Florida. Annulment is considerably different than divorce, especially when it comes to grounds. Florida is a no-fault state when it comes to divorce. One or both parties can claim that the marriage is irretrievably broken and pursue a divorce…
Florida law is complicated when it comes to divorce. Florida is considered an equitable distribution state. That means that during the divorce process, assets and debts are divided in accord with what is equitable to both parties. This does not necessarily mean there is an even split. That being said, the Florida courts presume there should be an even split…
If you have joint legal custody of your child, you may be wondering whether or not you have the legal authority to make decisions on your own. It’s important to understand that the Florida courts will award joint custody in the majority of situations. Under the law, there is a rebuttable presumption that joint custody is in the best interests…
In Florida family law cases, judges are required to make decisions that reflect the best interests of the children. This standard is employed in all 50 states. The best interests of the children standard is applied in virtually all important legal decisions regarding a child’s life. This includes custody, parental decision-making power, parenting plans, visitation, time-sharing schedules, adoption, and the…
What is imputed income? Essentially, it is income that is attributed to a party because they don’t have to pay for something. As an example, an individual who owns their own home outright can be imputed income based on the fact that they don’t have to pay rent. In the case of Goodman v. Goodman, the question of imputed income…
In the case of Reese v. Reese, the former husband filed a petition for the dissolution of marriage on February 10, 2020. The former wife responded with an answer and a counter-petition. The former wife argued that the trial court erred by determining that the former husband’s gross monthly income was income listed in his financial affidavit ($12,946 per month)…
When dividing the marital estate, the trial court must make findings of fact that support their reasoning for dividing the marital estate in the manner they do. In the case of Gayer v. Nicita, the former husband filed an appeal raising concerns about how the marital estate was divided by the court. One point of contention was a $6,000 tax…
While pensions and retirement plans are considered part of the marital estate and subject to equitable distribution, military disability benefits are not. This threw a wrench into one case involving a former husband and former wife. In the case of Karrer v. Karrer, the parties were married in March 1986 and the wife petitioned for the dissolution of marriage in…
Divorce is a complex matter that requires many legal processes including the division of assets and debts. Florida has strict laws when it comes to how marital assets and liabilities are distributed. This can make matters even more complicated to understand. Even when your separation is on good terms, dividing marital assets and liabilities can still be a challenge. The…