Author Archives: Jay Butchko
Protecting Your Business with a Prenuptial Agreement in Florida
In Florida, when a couple divorces, all properties that were acquired during the marriage are a part of the marital estate. However, what many individuals do not know is that the accrued value of a business is also considered a part of the marital estate. As an example, if you started a business that… Read More »
Am I Responsible for My Spouse’s Student Loans?
To understand the answer to this question, you must be familiar with the concept of the marital estate. The marital estate includes all assets and debts that were acquired during the marriage. In cases where a spouse went to college before marrying, all of that debt would be part of their own estate. In… Read More »
Debunking Myths Concerning Mediation in a Florida Divorce
Many Florida residents have some interesting opinions when it comes to mediating a divorce. Suffice it to say, these opinions do not reflect the reality of the situation. In Florida, couples are required by law to attempt mediation. If mediation doesn’t work out, then the case may proceed to litigation which is the type… Read More »
What is a Domestic Violence Injunction?
Domestic violence is defined as any assault or battery upon a household member. This can include assault, aggravated assault, battery, aggravated battery, false imprisonment, kidnapping, sexual assault, sexual battery, or stalking. When domestic violence occurs, the victim can petition the court for a domestic violence injunction colloquially referred to as a restraining order. In… Read More »
How Do I Prepare for Divorce Mediation in Tampa, FL?
Mediation is the most popular way to end a marriage in Florida. The Florida courts will require divorcees to attempt mediation before bringing the matter before the courts. In mediation, you will meet with an attorney who will help you negotiate a settlement for your divorce. In this article, the Tampa, FL divorce mediation… Read More »
Child Custody Disputes and Your Tampa Divorce
It sometimes happens that one spouse in a divorce makes allegations against the other spouse related to their conduct toward the children. It also happens that one spouse uses custody as a means of hurting the other parent. In these cases, you want to be very careful about how you proceed. The court will… Read More »
How Child Support Calculated in Florida and Modifying Child Support Payments
Florida uses an income shares model to determine how much child support should be paid. In other words, it totals the incomes of both parents. As an example, if one parent is making $3,500 a month in net income while the other parent is making $2,500 a month, the court would consider the total… Read More »
Do You Need an Attorney to File for Divorce in Tampa, Florida?
At the risk of sounding self-serving, the answer to this question is generally “yes”. While there is no law that states you must have an attorney to file for divorce in Florida, the divorce will change your life dramatically and your financial situation will become unstable. The reason why divorces end up before the… Read More »
Understanding Mediation in a Florida Divorce
Mediation is a form of alternative dispute resolution. It is considered mandatory in a Florida divorce to pursue mediation prior to litigating your divorce. A litigated divorce is similar to what you see on television programs that like to turn up the heat on the drama. Most television programs would not air an episode… Read More »
Do I Need Permission to Move More than 50 Miles if I am a Custodial Parent?
The State of Florida has a relocation statute that is found in Florida Statutes § 61.13001. To answer the question bluntly, the answer is “yes”. You must file a petition to relocate if you plan on moving more than 50 miles away from your current address and you have a minor child. If you… Read More »