Category Archives: Family Law and Marital Law
Husband and Wife Fight Over Whose Estate a Hospital Bill Belongs To
One of the major questions that will need to be resolved during your divorce is whether or not specific items are property of the marital estate or an individual spouse. Under Florida law, Florida Statutes § 61.075 governs how assets are classified and distributed under Florida’s rules of equitable distribution. According to the statute,… Read More »
The Role of Parenting Coordinators in a Florida Divorce
When a married couple divorces in Florida while their children are still minors, the main goal of the family court system is to help them continue to have healthy relationships with their children even after the couple is divorced. Ultimately, however, child custody manages to be one of the most contentious issues during a… Read More »
Is Adultery a Factor in Whether the Courts Award Alimony?
It stands to reason that you wouldn’t want to pay alimony to a cheating spouse. Why would you? You may feel as though they caused the breakdown of the marriage and they don’t deserve to be paid for an extended period of time for doing so. It’s perfectly natural to feel that way. Florida… Read More »
Grounds for Annulment in Florida
Family law attorneys who specialize in divorce are often asked about annulment as an alternative to divorce in the state of Florida. Annulment is considerably different than divorce, especially when it comes to grounds. Florida is a no-fault state when it comes to divorce. One or both parties can claim that the marriage is… Read More »
When Does the Court Divide Assets Unequally?
Florida law is complicated when it comes to divorce. Florida is considered an equitable distribution state. That means that during the divorce process, assets and debts are divided in accord with what is equitable to both parties. This does not necessarily mean there is an even split. That being said, the Florida courts presume… Read More »
The Best Interests of the Children in Florida Family Law Cases
In Florida family law cases, judges are required to make decisions that reflect the best interests of the children. This standard is employed in all 50 states. The best interests of the children standard is applied in virtually all important legal decisions regarding a child’s life. This includes custody, parental decision-making power, parenting plans,… Read More »
Imputed Income Becomes Key Issue in Florida Divorce Trial
What is imputed income? Essentially, it is income that is attributed to a party because they don’t have to pay for something. As an example, an individual who owns their own home outright can be imputed income based on the fact that they don’t have to pay rent. In the case of Goodman v…. Read More »
Court’s Failure to Make Specific Findings Concerning Net Incomes of Divorcees Requires Appeals Court to Overturn Alimony Award
In the case of Reese v. Reese, the former husband filed a petition for the dissolution of marriage on February 10, 2020. The former wife responded with an answer and a counter-petition. The former wife argued that the trial court erred by determining that the former husband’s gross monthly income was income listed in… Read More »
Appeals Court Reviews Equitable Distribution Scheme for Abuse of Discretion
When dividing the marital estate, the trial court must make findings of fact that support their reasoning for dividing the marital estate in the manner they do. In the case of Gayer v. Nicita, the former husband filed an appeal raising concerns about how the marital estate was divided by the court. One point… Read More »
Did Final Judgment Violate The Former Spouse’s Protection Act?
While pensions and retirement plans are considered part of the marital estate and subject to equitable distribution, military disability benefits are not. This threw a wrench into one case involving a former husband and former wife. In the case of Karrer v. Karrer, the parties were married in March 1986 and the wife petitioned… Read More »