Category Archives: Family
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 »
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 »
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 »
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 »
Classifying and Dividing Marital Property in Florida
The Sunshine State, like most other jurisdictions, is an equitable division state. The final divorce order, whether a judge enters it or the parties submit an agreed order, must equitably divide marital property. That rule seems straightforward, but in most cases, it isn’t. A premarital agreement eliminates most of the subtle complexities which are… Read More »
Five Escalating Signs of PAS
Emotional changes in a divorce are usually inevitable and temporary. Parental Alienation Syndrome is different. These emotional changes are neither inevitable nor temporary. The alienating parent, who’s usually the primary residential parent, tries to emotionally separate the child from the targeted parent, who’s usually the non primary parent. Parental kidnapping, which is rare but… Read More »
The Seven Emotional Stages of Divorce
We aren’t mental health professionals. But we’ve seen so many divorces over the years that we’re very familiar with the emotional fallout these individuals experience. The stages of divorce vary slightly, usually depending on what ended the marriage (a slow-fade divorce or an unexpected adultery or other sudden trauma), the presence of minor children,… Read More »
Florida Alimony Reform in 2023, Part II
In part one of this riveting series, we examined reforms to the types of alimony in Florida. In this post, we’ll look at changes to the factors that determine the amount and duration of payments. The end of permanent alimony, which we discussed in Part I, was the most contentious part of the alimony… Read More »
Florida Alimony Reform in 2023, Part I
In June 2023, Florida Governor Ron DeSantis signed a measure that limits judicial discretion in alimony cases. SB 1416 was Senator Joe Gruters’ (R-Sarasota) third attempt at passing alimony reform. In 2021, he unexpectedly withdrew his measure 10 days prior to the end of session following a fierce debate on the child-sharing provision in… Read More »
Dividing Marital Property In A Florida Divorce
Like most other jurisdictions, the Sunshine State is an equitable division state. When a couple divorces, the court must equitably divide marital property, including both debts and assets. In this context, equitably isn’t always the same thing as equally. The court must divide marital assets so the divorce isn’t an unfair financial burden on… Read More »
