Author Archives: Jay Butchko
Can the Florida Courts Annul a Marriage?
Most people think of divorce as a legal matter and annulment as a religious one. Christians, for example, may consider annulling a marriage if the couple never consummated the marriage (ie: had sexual intercourse). The courts seldom concern themselves with what goes on in a couple’s bedroom. But there are reasons that the court… Read More »
The Involuntary Termination of Parental Rights: When Can the Courts Take a Child Away from a Parent?
It goes without saying that the Florida courts default on giving parental rights and custody of the children to the child’s biological parents. In legal terms, custody is defined as physical residence with a parent and the decision-making power to make decisions on behalf of the children. This decision-making power can include aspects related… Read More »
What is Discovery in a Tampa, FL Divorce?
The term “discovery” is lawyerly language for the exchange of documents that is necessary for the parties in a divorce proceeding to be fully informed as to all the relevant facts in a divorce case. For example, how would one calculate alimony or child support without knowing the financial information of the party who… Read More »
Is Mediation Mandatory in a Florida Divorce?
Florida has no specific rule that requires spouses to mediate their divorces. However, certain counties do have rules that require mediation prior to litigating a divorce. Hillsborough County, where Tampa, FL is found, does have such a requirement. Couples in Tampa, FL will have to at least try to resolve their issues in mediation… Read More »
Allegations of Alcohol and Drug Abuse in a Florida Custody Case
Under recent changes to Florida’s rules, parents are allotted 50/50 timesharing as the default arrangement ordered by the courts. However, the Florida courts also use a “best interests of the child” standard to deviate from the default presumption when it is appropriate. If one parent is determined to be unfit, they may have limited… Read More »
What is the Intentional Dissipation of Marital Assets in a Florida Divorce?
Financial problems are a common reason why marriages end and divorces ensue. In some cases, this happens intentionally. The intentional dissipation of marital assets refers to a situation in which one spouse intentionally spends money in order to prevent the other spouse from getting the money in a divorce. In other words, it describes… Read More »
What is the Dissipation of Assets in a Florida Divorce?
Adultery is one of the most common reasons for divorce. However, Florida is a no-fault state when it comes to divorce. That means that fault-based grounds are not considered by the court when determining the division of assets. In Florida, the only legal grounds for divorce is the breakdown of the marriage colloquially known… Read More »
What is Parental Alienation Syndrome?
When divorcing parents have children it adds an incredible amount of stress to the divorce. Rights to the children are often a contentious part of the divorce proceedings. In some cases, one parent will use the children as a battleground in the divorce proceedings. They will say awful things about the other parent in… Read More »
Co-Parenting Apps Help Facilitate Communication Between Spouses
Co-parenting after a divorce is not always a simple process, but there are tools at your disposal that can help produce a better result. Phone apps are now available that help parents communicate. Some of them even have tone meters to determine how your words are coming across. These digital apps are designed specifically… Read More »
Cryptocurrency and Your Tampa, FL Divorce
Cryptocurrency has seen its fair share of ups and downs recently. Not too long ago, it was considered an unusual investment choice. Today, however, cryptocurrency investment has become more mainstream. For that reason, it has played a role in many Florida divorces. In this article, the Tampa, FL divorce lawyers at Westchase Law, P.A…. Read More »