By davidbmitchell | Published October 26, 2022 | Posted in DIVORCE & THE HOME | Comments Off on SELLING THE FORMER MARITAL HOME OR BUYING OUT YOUR SPOUSE: WHAT IS THE IMPACT OF INFLATION?
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⟩ SELLING THE FORMER MARITAL HOME OR BUYING OUT YOUR SPOUSE: WHAT IS THE IMPACT OF INFLATION?
Typically, the largest asset in a divorce case is the former marital home. Determining the net equity of this asset (fair market value less the mortgage balance) is critical to determine what to do with the house when a divorce is concluding. There are usually two options: Both husband and wife can sell the house, Read More
Read MoreIMMIGRATION AND DIVORCE
Many people in our community are married to foreign nationals and through the marriage wish to obtain U.S. citizenship for their immigrant spouse. However, divorce can often intervene prior to the completion of the naturalization process. What can happen when the divorce commences and what can the immigrant do to continue the process to obtain Read More
Read MoreDIVORCE RATE DOWN? MARRIAGE RATE DOWN? WHAT’S GOING ON?
Many articles have recently appeared lauding the trend toward fewer divorces. Statistically supported, this results from a number of related recent societal developments. The divorce rate spiked after many states enacted ‘No-Fault’ divorce laws in the 1970’s which eliminated the need to plead and prove a statutory ‘cause’ for the breakdown, typically substance abuse, physical/emotional Read More
Read MoreSTEP-PARENT ADOPTION: A GOOD IDEA?
We are living in an age of blended families. What is a blended family? Divorcing couples often have minor children of the marriage and as part of any divorce settlement agreement or judgment after trial, each party will typically have shared parental responsibility, timesharing and a child support obligation regarding these children. For the purpose Read More
Read MoreHOW DOES FLORIDA DIVORCE LAW TREAT YOUR DOGS, CATS AND OTHER FOUR-LEGGED FRIENDS?
A frequent and sometimes tearful question that can arise in a divorce case is “How will Florida law treat my dog, cat or other four-legged friend?” We often think of our companion animals as members of the family. Indeed, many people actually prefer their dogs and cats to their soon-to-be departing spouse or even a Read More
Read MoreFINDING ALL THE “INCOME” IN DIVORCE (ALIMONY), CHILD SUPPORT AND PATERNITY CASES
One of the important functions of your family law attorney is to determine all sources of income for husbands/wives and/or fathers/mothers for alimony and/or child support purposes. Determining income can be very tricky or very easy depending on the facts in each case. For example, if both parties are W-2 wage earners (like school teachers, Read More
Read MoreTHE COLLABORATIVE FAMILY LAW PROCESS: A NEW WAY TO RESOLVE YOUR CASE
In 2016, the Florida legislature enacted the Collaborative Law Process Act which authorized and detailed the collaborative process as it applies to family law matters. These include dissolution of marriage and related issues, paternity, and prenuptial and marital agreements. The statute added the collaborative process to the available methods of resolving disputes in these areas. Read More
Read MoreCAN I KEEP MY DIVORCE/PATERNITY CASE PRIVATE?
A very common question from high net worth individuals, celebrities, business owners and professionals is this: “How can I keep my divorce/paternity case private?” Over the last thirty-plus years of family law practice in South Florida, I have represented or sat across the table from judges, professional athletes, record producers, entrepreneurs and others for whom Read More
Read MoreCAN I GET CHILD SUPPORT FOR MY ADULT DISABLED CHILD?
One of life’s more difficult challenges is having the responsibility to care for an adult disabled child. Whether the disability is predicated on mental health issues, such as schizophrenia or autism, or on physical issues such as paralysis from a diving accident or multiple sclerosis, the time and cost required to assist the adult child Read More
Read MoreDISABILITY PAYMENTS MADE TO MY DIVORCING SPOUSE: WHERE’S MY SHARE?
A not-uncommon question arises when a divorce is planned and one spouse is receiving disability payments for a policy that existed either prior to or was acquired during the marriage. The disability policy is now in ‘pay status’. Is the non-disabled spouse entitled to receive any of those disability payments made during the marriage or Read More
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