Marital Assets – Use of Marital Assets During a Pending Divorce
Often in divorce cases spouses will separate and establish separate households while their divorce is pending but not yet final. The cost to maintaining two households can be financially overwhelming. During such times parties may temporarily take on second jobs or use monies from marital savings to make ends meet. The general rule in Florida Read More
Read MoreNon-marital Assets – Subject to Equitable Distribution
As a general rule non-marital property including property inherited by a spouse prior to the marriage is not subject to division in subsequent dissolution of marriage proceedings. There are occasions, however, that the Courts have found that inherited non-marital assets can become marital assets Notably the Florida Supreme Court in the case of Hooker v. Read More
Read MoreCommunicating With Your Ex About COVID-19 Custody Issues
During a crisis such as the COVID-19 pandemic, family becomes more important than ever, especially for children whose schedules have been disrupted by long-term school closures and the cancellation of other activities. Parents who are divorced or live apart for other reasons know the importance of maintaining healthy communication through difficult situations. Though this situation Read More
Read MoreIs Your Marital Home a Marital Asset?
In general, property obtained prior to marriage is considered a non-marital asset and remains the sole property of the owner spouse after divorce. This applies even if the property was the parties’ marital residence during the marriage. Additionally, property purchased during the marriage through a spouse’s use of non-marital assets is also generally considered a Read More
Read MoreTimesharing\Parenting Plans – Mental Health Issues
In contested timesharing cases we work with our clients to determine what timesharing factors under Florida law are going to be pivotal in the Court’s ultimate decision on a parenting plan. Some of our firm’s cases involve concerns with the mental health of a parent. Under Florida Statute section 61.13 a parent’s mental health is Read More
Read MoreWho Gets the Stimulus Check When Spouses Are Separated or Divorcing?
Going through a divorce is stressful enough, but the coronavirus pandemic spreading throughout the United States presents additional complications for spouses who have decided to split. In addition to changes that might need to be made regarding custody and visitation arrangements while travel is restricted, negotiations over property division need to address any new economic Read More
Read MoreMarital Assets and Debts in Divorce – Student Loans
In many of the cases that we see in our practice one or both of the parties have accumulated student loan debt during the course of their marriage. Many people are of the mistaken belief that this debt will not be a part of the dissolution of marriage. Florida courts have consistently held, however, that Read More
Read MoreTimesharing Modifications – Domestic Violence
In a recent decision from March 2020, our Second District Court of Appeals in Meyers v Meyers, (Fla. App. 2020) dealt with a modification of timesharing action wherein a parent sought to modify an equal timesharing arrangement established by a final judgment. The reason for the modification was that the parties’ child witnessed domestic violence Read More
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