Category Archives: Divorce Lawyer
Due Process in Family Law Cases
Disputes regarding child custody and support are usually very emotional. To ensure that justice is served when dealing with such sensitive issues, the legal system is guided by strict procedural requirements. In this article, we’ll discuss a Florida family law case that deals with due process and how it plays out in Florida courts…. Read More »
Division of Appreciated Nonmarital Assets in Florida Divorce Cases
The allocation of property is one of the most contentious areas in Florida divorces. Even though some property is classified as marital property that is eligible for equitable distribution, other forms of property may be considered non-marital property owned by one spouse prior to the marriage. It can become confusing when non-marital property appreciates… Read More »
Unequal Distribution of Marital Assets in Florida Divorce Cases
Many folks assume that the property acquired during their marriage will be equally distributed to both parties in the event of a divorce. Although equitable distribution is practiced in Florida, it does not imply that the marital assets will be shared 50/50. The courts have the power to allocate more than half of the… Read More »
Modifying Alimony After a Change in Circumstances
Your duty to pay alimony does not remain constant for an indefinite period of time. In cases where there is drastic change in the financial status of one party involved, the court can reconsider any existing alimony orders to establish whether they need to be modified. In this article, we’ll discuss a notable appellate… Read More »
Trial Court Discretion in Contested Custody Battles
Child custody disputes are among the most emotionally charged cases in Florida family law. In cases where both parents cannot agree on where to place the children, it is up to the court to make a ruling based on what is in the child’s best interests. The process can become quite complicated, with both… Read More »
When Equal Isn’t Equitable: Uneven Distribution of Marital Assets in Florida Divorces
Florida is an equitable distribution state, which means that in the event of a divorce, the couple’s property is distributed on an equitable basis. While the law presumes that the distribution of assets should be equal in a divorce, the judge has the power to divide the marital estate unevenly under certain conditions. In… Read More »
Florida Court Addresses Retirement Benefits During Divorce
One issue that is often misunderstood is whether or not retirement benefits are divisible in a divorce. In other words, is your spouse entitled to your retirement benefits? The answer is yes, retirement benefits are part of the marital estate, and as such, they can be awarded to the other spouse in accordance with… Read More »
Understanding Appellate Review in Florida Divorce Cases
Florida divorce decrees frequently contain several complicated factors, such as equitable distribution, spousal support, and financial determinations. Although trial courts have been granted considerable latitude in addressing these concerns, their rulings are required to satisfy the relevant statutes and be based on proper evidence. Should they fail to meet this standard, the appellate courts… Read More »
Florida Family Law Case Details What Happens When One Spouse Gets More Than Half the Marital Estate
Florida law starts every analysis of equitable distribution with the presumption that all marital assets and debts should be split evenly between the two spouses. However, this presumption is not absolute. A court can order an unequal distribution of marital property if it finds that one of the statutory reasons justified a departure. In… Read More »
Understanding Durational Alimony Under Florida Law
Within the past few years, Florida’s alimony laws have undergone substantial changes. Gone is permanent alimony, which has been replaced by durational alimony. In this article, we’re going to discuss a case related to an alimony award. The former husband appealed the award claiming that the trial court abused its discretion when awarding durational… Read More »