By davidbmitchell | Published April 6, 2020 | Posted in Uncategorized | Comments Off on DOMESTIC VIOLENCE: CAN YOU BE PROTECTED?
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⟩ DOMESTIC VIOLENCE: CAN YOU BE PROTECTED?
One of the most difficult events during a relationship inside or outside of a marriage is the occurrence of domestic violence. Clearly, no one is permitted to seriously threaten much less physically attack a spouse or significant other and such attacks can often have direct criminal implications. Indeed, Florida’s domestic violence statute Chapter 741.28, Florida Read More
Read MoreBUYING THE MARITAL HOME WITH PREMARITAL MONEY: ON DIVORCE, DOES IT HAVE TO BE REPAID?
In a contested divorce case, the court must identify each of the major marital assets, subtract any marital debts, and equitably distribute the net marital estate between the parties. Thus, it is very common to have the marital home valued by the court and the net equity (market value less mortgage balances) distributed between the Read More
Read MoreCAN A PRENUPTIAL AGREEMENT BE SET ASIDE IF YOU SIGN UNDER DURESS?
Florida’s Uniform Prenuptial Agreement Act (Chapter 61.079, Florida Statutes) sets out the grounds for attacking a prenuptial agreement in the event of a divorce where one party wants the court to set aside the agreement. These are “fraud, duress, coercion, or overreaching.” But what is “duress”? Understanding that even in the best of circumstances, being Read More
Read MoreLIFE INSURANCE TO SECURE ALIMONY
As a general rule, an award of alimony ends upon the death of the paying ex-spouse (typically, the ex-husband). This could result in the recipient (typically, the ex-wife) losing the financial lifeline of those monthly payments. Florida law permits the divorce court to enter an order requiring the paying spouse to secure the award of Read More
Read MoreREDUCE CHILD SUPPORT OR ALIMONY: NEW CASE
NEW ‘CHANGE OF CIRCUMSTANCES’ CASE If you’re paying alimony or child support and want to reduce your obligation because of a new job, job loss, career change or other ‘change of circumstances’, a new Florida appellate court case may help give you some direction. In general, to reduce an existing alimony or child support obligation Read More
Read MoreDIVORCE TAX TIPS FOR 2019
If you’re facing a divorce in 2019 , you need to know that the new Federal tax act will have an impact on your case. Remember the old saying that in every divorce there are three parties: The spouses and Uncle Sam. It is very important that you have an attorney that understands at least Read More
Read MoreTHERE IS HELP! HOW A PARENT COORDINATOR AND GUARDIAN AD LITEM CAN SERVE YOUR CHILD
If you are in a divorce or paternity matter, there is nothing more important than protecting your child. As difficult as the case may may be on your emotional and financial health, it is more so for your child. Fortunately, you are not alone. Florida courts make available to parents additional professionals to assist in Read More
Read MoreDivorce: How to Find Those ‘Hidden Assets’
In many divorces, the client will ask the lawyer “How can you find my spouse’s hidden assets?” There are a number of ways to do so. Sometimes it might be necessary to hire a forensic accountant to assist, but often just using the following steps may help. ‘Discovery’ is the means to collect documents from Read More
Read MoreSAME-SEX MARRIAGE
Same-sex marriage is the law of the land since the 2015 U.S. Supreme Court decision in Obergefel v. Hodges. This case recognized same-sex marriage as a fundamental right protected under the Constitution. But with rights come responsibilities, and same-sex couples will now face the same difficulties traditionally experienced by couples in divorce. These include children’s Read More
Read MorePRENUPTIAL AGREEMENTS
If you are contemplating marriage or have just been presented with a prenuptial agreement to consider, you need to understand this unique legal contract. With the divorce rate between forty and fifty percent (and much higher for second and third marriages), a prenup is a wise ‘insurance policy’ in case of divorce. A prenup is Read More
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