Monthly Archives: December 2019
Where Do I File for Divorce If My Spouse Has Moved to Another County?
In a divorce, as with any legal proceeding, it is important to establish proper venue, that is, the county where the formal lawsuit must be filed. A court has no authority to hear or decide a divorce case without proper venue. And while this may not be difficult if the estranged spouses both live… Read More »
When Can a Florida Judge Modify a Marital Settlement Agreement?
Many Florida divorce cases ended in a negotiated marital settlement agreement (MSA) between the parties. A well-drafted MSA covers all areas of the couple’s separation, including the division of assets, alimony, and time-sharing with any children. Once a judge approves the MSA, it comes part of the legally binding divorce decree. Of course, it… Read More »
When Is the “Cut-Off Date” for Separating Marital and Non-Marital Property?
A key issue in any Florida divorce case is the division of marital property. By law a court is required to make an “equitable division” of marital property unless the parties reach a voluntary agreement on how to split these assets. But this raises another critical question: How does a court distinguish marital and… Read More »
Does the Length of My Marriage Automatically Entitle Me to Alimony?
A Florida judge will not automatically grant a request for alimony in a divorce case. However, when a spouse seeks alimony following the breakdown of a “long-term marriage,” i.e., a marriage that lasted 17 years or more, there is a legally “rebuttable presumption” in favor of an award of permanent alimony. This presumption can… Read More »
