Category Archives: Divorce Lawyer
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 »
What is a Show Cause Hearing During a Florida Divorce?
In a Florida divorce case that makes its way in front of a judge, the judge can order either party to explicitly do something or refrain from doing something. If one party fails to comply with this court order, the other party (the movant) can ask the judge to force the other party (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 »
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 »