When Florida residents think about alimony, the most common type that comes to mind is what is termed “permanent alimony.” Permanent alimony, however, is fundamentally different and does not serve the same purpose as “rehabilitative alimony,” which allows a spouse to regain financial independence after divorce. In fact, the court may even grant a combination … Read moreAre You Entitled to Rehabilitative Alimony? Getting Back on Your Feet After Divorce
Most divorces tend to focus on the “blame game.” For example, “My spouse cheated on me!” or “My spouse has deserted me!” All you have to do is look at the headlines in the newspaper. Most stories focus on the adulterous affairs of a celebrity spouse. Does Christie Brinkley or A-Rod ring a bell? Yet, … Read moreGrounds for Divorce – Must Someone Be At Fault?
In today’s society, prenuptial agreements get a bad rap. When we hear “pre-nup,” we think “Oh no! Another celebrity marriage is ending.” However, prenuptial agreements, also known as antenuptial agreements, may be a useful way to establish the rights and liabilities upon the termination of a marriage by death or dissolution. Here is a sample … Read moreWhen is a Prenuptial Agreement Appropriate? Is Yours Enforceable?
In Florida, both parents have a legal duty to support their child, before and after divorce. However, when a marriage ends in divorce and children are involved, child support issues may arise. For whatever reason, whether it be out of spite, economic hardship, or ignorance of the child support order, there exists a real possibility … Read moreEnforcing Child Support Payments – Sanctions When You Don’t Pay Up!
When you are divorced and you are the primary residential parent to a child and your ex-spouse has visitation rights, relocating your child to a new principal residence more than 50 miles away from your previous residence has many implications for you and every other person entitled to visitation with your child. Failure to comply … Read moreRelocating Your Child After Divorce – File a Notice of Intent to Relocate!
Does Florida even allow custody and visitation rights for a dog, a cat or other pet? A divorce lawyer says that the short answer to that question is no (see Bennett v. Bennett below); family pets are treated as property, which taken together with other marital assets, must be divided equally (Florida is an equitable … Read moreCanine Custody After Divorce – Is Your Dog Simply a Piece of Property?
In Florida, the equitable distribution statute mandates that a court must equitably distribute the marital property of parties to a divorce action. This generally means that each party will get half of the marital assets regardless of fault. Furthermore, the parties to this action do not have to specifically plead or request equitable distribution of … Read moreEquitable Distribution – But What if One Spouse Cheats?
Coming out the other side of a Guardianship Over the last few years there has been a spate of horror stories regarding guardianship law. However, the New York Post reminds us what guardianship law is supposed to do. The Texas Guardianship Code specifically states that a guardian is supposed to maximize the independence of a … Read moreTexas Guardianship Code