Recent Blog Posts
How Long Do I Need to “Reside” in Florida Before Filing for Divorce Here?
For many married couples, Florida is their second or vacation home. But when it comes to getting a divorce, can you file in Florida even if you (or your estranged spouse) actually live in another state–or even another country? Florida law actually provides a succinct answer to this question: “To obtain a dissolution of… Read More »
What Happens to Real Property Following a Florida Divorce?
Under Florida law, married couples may jointly own real property as “tenants by the entirety.” This means that neither spouse owns the property individually. Instead, they each have an undivided 100 percent interest in the entire property. That may sound illogical, but the underlying legal concept is simple: The spouses must be in an… Read More »
Is a Divorce Settlement Binding If I Did Not Agree to All of Its Terms?
Many Florida divorce cases are resolved by a marital settlement agreement (MSA). This is a legally binding contract between the parties that addresses issues such as the division of marital assets and liabilities and whether either spouse is entitled to alimony. As with any contract, an MSA only exists when there is “mutual assent”… Read More »
Can the Equity in My Home Be Considered a “Marital Asset” Even if I Bought the Property Before Marriage?
One of the key tasks in a divorce case is the division of any marital assets. A “marital asset” refers to any property acquired during the marriage by either spouse. Conversely, this definition generally excludes any property acquired by either spouse before marriage. So let’s say you bought a car several years before getting… Read More »
Can Exposing a Child to Domestic Violence Lead to a Change in Custody Arrangements?
The general rule in Florida is that a child custody order will not be modified after-the-fact unless there is proof of a “substantial, material, and unanticipated change in circumstances” that the parents did not contemplate at the time. Obviously, something like domestic violence would qualify as such a change. But what you may not… Read More »
Who Claims Your Children as Tax Dependents After a Divorce?
In 2018, federal law made significant changes to the administration of the child tax credit. A parent may now claim a tax credit of up to $2,000 per child. If the parent owes no income tax, they can still claim a “refundable” tax credit of up to $1,400. Prior to 2018, individuals could claim… Read More »
When Can a Florida Court “Impute” Income to an Ex-Spouse in an Alimony Modification Proceeding?
When a Florida court decides cases involving alimony or child support, the judge may “impute” income to one of the parties. Basically, this means the judge assumes the party should have a certain amount of additional income, even if they do not. For example, if one spouse is capable of working but chooses not… Read More »
Supreme Court Rules Child Taken by Mother to U.S. Rightfully Returned to Father in Italy
Child custody disputes are rarely simple. But they take on an added dimension of complexity when the parents are living in different countries. And many cases are further complicated when one parent accuses the other of “abducting” the child and taking them to another country. To help address such matters, roughly 100 countries, including… Read More »
Rental Income and Child Support Payments
Florida law establishes a complex set of guidelines for determining child support obligations. The key to these guidelines is looking at a parent’s gross income. Such income includes not just the parent’s normal salary or wages from their job, but also any self-employment or business earnings, as well as certain government benefits, such as… Read More »
Understanding a Parent’s Obligations Under a “Shared Parental Responsibility” Custody Order
Child custody can be broken down into two major subjects: physical custody and legal custody. Physical custody refers to which parent the child actually lives with on a day-to-day basis. Legal custody more broadly covers how the parents will exercise decision-making authority over critical issues affecting the child, such as: What school will the… Read More »
