Category Archives: Divorce Lawyer
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 Gone is permanent alimony, which has been replaced by durational alimony.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 »
What Happens When One Spouse Wastes Assets from the Marital Estate?
Equitable distribution is not necessarily equal distribution. In cases where one of the spouses intentionally dissipates (or wastes) marital assets, trial courts have the authority to favor one spouse over the other when dividing the marital estate. Not all dissipation of funds is considered legal dissipation, however. In this article, we’ll discuss a real… Read More »
Do I Have to Pay Alimony if My Former Spouse Lives with a New Partner?
Florida law states that alimony or spousal support is meant to address a former spouse’s financial needs. If the spouse enters into a “supportive relationship” with another person, the court presumes that they don’t need alimony anymore. So, if a former wife moves in with a new partner, the former husband can petition the… Read More »
When Unequal Distribution Goes Too Far in a Florida Divorce
A lot of folks assume that Florida divorces always end up with marital assets and debts being split between the spouses. While that is the default position of the Florida courts, it doesn’t necessarily have to work out that way. The courts can sometimes see fit to favor one litigant with a larger share… Read More »
When Can the Florida Courts Unevenly Divide Assets in Divorce?
Florida is an equitable distribution state. This means that the marital estate is divided in accordance with what is “fair” to both parties. In other words, your marital estate may not necessarily be divided in half. The courts can favor one spouse with a greater portion of the assets or a smaller portion of… Read More »
Attorney’s Fees in Florida Divorce Cases
Divorce is not necessarily cheap, especially if you take your case before a judge. These situations tend to be much more expensive, which allows one person to have a significant advantage over the other when it comes to legal representation. In some cases, the court will award the partner with fewer resources attorney fees…. Read More »
Florida Court Discusses Civil Contempt in Family Law Case
In the case of Gregory v. Rice, the Florida Supreme Court addressed how all Florida courts must handle civil contempt proceedings in family law cases. This is especially true when the subject is support arrearages. This decision is important since it helped prompt the adoption of Florida Family Law Rule 12.615 to regulate contempt… Read More »
Trial Court Discusses Contempt in Florida Family Law Hearings
Family law courts in Florida have to negotiate enforcing orders versus protecting parental rights. In the case of Wolf v. Wolf, the Second District Court of Appeal confronted a situation where that line was crossed when a contempt proceeding that was meant to punish disobedience was used to dramatically alter child custody. The Wolf… Read More »
Relocation Case Prevents Court from Making Prospective Rulings Concerning the Welfare of a Child
If you want to relocate with your child, you need the other parent’s permission. Failing that, you need to obtain the court’s permission to move forward with the relocation. This is exemplified in the case of Arthur v. Arthur, 54 So. 3d 454 (Fla. 2010). In this article, we’ll discuss the importance of this… Read More »
The Importance of Financial Disclosure in Prenuptial Agreements
When you sign a prenuptial or postnuptial agreement, it’s important that both parties have attorneys to represent their interests. One party would not present the other with a prenuptial agreement to sign without having a lawyer weigh the risks and benefits. In addition, both parties must make full financial disclosure by disclosing their assets… Read More »