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Gray divorce is a recent phenomenon in which couples who have been married for years pursue a divorce. Gray divorce generally refers to divorces that occur when the couple is over 50. What causes the couple to untie the knot after potentially decades of being married together? Sociologists, psychologists, and cultural experts have differing opinions when it comes to the…
One of the things that every divorcing couple has to decide on is a visitation schedule. However, before that, you have to decide how much time each child will spend with each parent. The Florida courts often act on presumptions that represent the default scenario that the court favors. When someone says, “The Florida courts have a 50/50 timesharing presumption”…
When women are polled on why they stay with abusive partners for so long, they generally answer that they were afraid to leave or even talk about leaving for fear that their partner would harm them or the children. Often, victims of domestic abuse feel like there is no way to safely break free of a partner who is willing…
It’s no secret that divorce heralds several financial realities that can be difficult to manage. But it’s important, as someone who is going through a divorce, to understand your rights and responsibilities when it comes to the divorce process. During your marriage, you began accruing debts and assets to your marital estate. The marital estate is created on the date…
Divorce is already a stressful prospect. Major changes are underway and your sense of normalcy is likely shaken. You may be engaged in serious conflict with your soon-to-be former spouse who may not be playing fair when it comes to finances. This is where a forensic accountant can play a crucial role in ensuring that your financial interests are met.…
Florida law allows a former spouse to petition for a reduction or increase in alimony payments when the spouse can establish that the financial situation of one or both spouses has significantly changed. In one Florida divorce case, Krause v. Krause, the former wife was making alimony payments to her former husband. According to the husband, the former wife’s financial…
In Florida, the law is clear. If you freely enter into a bad agreement, then you’re stuck with it regardless of how badly it disadvantages you. That’s why it’s important to retain legal counsel during divorce proceedings or have an attorney overlook a prenuptial agreement before you sign it. There are precious few grounds to void an agreement once it…
All assets that are considered to be part of the marital estate are subject to equitable distribution under Florida law. This includes pension plans, retirement accounts, and other assets that accrued during the marriage. In cases where the retirement accounts predate the marriage, the value accrued during the marriage is considered a part of the marital estate while the value…
In the case of Francavilla v. Francavilla, the husband and wife had a choppy relationship. They were married twice. The first marriage occurred within a few weeks of them meeting in 1982. They moved to Georgia where the husband began studying to become a chiropractor. By 1984, the wife had left the husband. Their first marriage ended in divorce. Three…
In the case of Alvarez v. Jimenez, a formerly married couple disputed issues related to the custody of their two children. The father filed for the dissolution of marriage in July 2015. Affidavits attached to the petition (filed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA) indicated where each of the children had lived during the…