Author Archives: Jay Butchko
What to Expect at a Divorce Temporary Hearing
Usually, a divorce temporary hearing is the first step in a very long process, especially in contested divorce matters. However, the temporary hearing is not a meaningless scrimmage or warm-up game. Instead, in many ways, the divorce temporary hearing sets the tone for the remainder of the proceeding. At this stage, judges usually make… Read More »
Top Five Divorce Property Division Factors in Florida
The Sunshine State, like most other jurisdictions, is an equitable distribution marital property state. Overall, ED basically means two things. First, a divorce cannot be an unfair financial burden on either spouse. Second, equitable is presumptively the same thing as equal. The judge may order an unequal distribution of property (assets and/or debts) in… Read More »
Can I Get Extra Child Support in Florida?
In most cases, no. The Florida child support guidelines are presumptively reasonable, and this presumption is very strong. However, a presumption is a presumption, not a conclusion. The child support guidelines were never intended to be a one-size-fits-all solution. Some exceptions could apply, usually if the parents’ incomes or the child’s needs don’t conform… Read More »
What to Expect in a Gray Divorce
Marriage dissolution over age 50 was once almost unheard of. Today, it’s extremely common. Roughly a third of people over age 50 live alone. The empty nest syndrome is real. People who invested heavily in their children’s lives often have little left to invest in a spouse. Additionally, simmering tensions over the years often… Read More »
The Three Cs of Divorce Mediation in Florida
Prior to mediation in a divorce or other family law case, most parties believe the proceeding will be a waste of time. They reason that if they could’ve talked out their problems, they would not be in court in the first place. Nevertheless, divorce mediation is about 90 percent successful. Professional mediators often translate… Read More »
Setting Alimony Payments in Florida
In 2023, Florida became the latest state to significantly change its spousal support rules. SB 1416 ushered in several major changes, but it didn’t change the underlying presumption in spousal support matters. Obligees are only eligible for alimony if they have a demonstrable economic need and the obligor has the ability to pay (the… Read More »
Making and Breaking Premarital Agreements in Palm Beach County
When Baby Boomers got married, premarital agreements were expensive and complicated. Therefore, only people with substantial nonmarital assets to protect even considered such an agreement, which was little more than a divorce insurance policy. Millennials, in contrast, often make premarital agreements, even if they have limited nonmarital assets. Millennials, many of whom are children… Read More »
Emotional and Financial Issues in Paternity Matters
Not long ago, society stigmatized the handful of children who were born out of wedlock. Today, such births are a common event. Since 1990, the out-of-wedlock birth rate has almost doubled, to over 40 percent. The social stigma is gone, but the complicated emotional and financial issues that these births involve have not gotten… Read More »
Critical FAQs About Florida Protective Orders
The law that controls protective orders in Florida, Section 741, is long, complex, and fraught with Legalese. Such laws are difficult for non-lawyers to interpret even under normal circumstances. Domestic violence transforms normal circumstances into unnatural circumstances. Furthermore, in many cases, domestic violence blindsides victims. They have no idea it’s coming. So, to make… Read More »
What to Expect in a Divorce Case
Divorce laws underwent radical change in the 1970s, first with no-fault divorce laws and later with joint custody provisions. Marriage dissolution underwent another sea change in the 1990s and early 2000s, as many states, including Florida, adopted co-parenting laws. In these states, children no longer “live with” one parent and “visit” the other, at… Read More »
