Category Archives: Divorce
What Happens If My Spouse Forged My Signature to Take Out a Loan?
In a Florida divorce proceeding, the court will identify any “nonmarital assets and liabilities” that should be excluded from the equitable distribution of marital assets. For example, an asset acquired by either spouse prior to marriage is normally considered a nonmarital asset. Similarly, a debt incurred by just one spouse before marriage is not… Read More »
What Factors Will a Florida Judge Consider in Revising an Award of “Permanent” Alimony?
Under Florida law, a court must consider a number of factors when determining (or modifying) an award of alimony. One such factor is the “financial resources of each party.” But there are other factors as well, such as how long the marriage lasted, the “standard of living” established during that marriage, and the relative… Read More »
Can a Judge Order Me to Pass a Breathalyzer Test Before Visiting My Kids?
In the context of child custody, a parent always retains a basic right to have a meaningful relationship with their children. So as a general rule, a Florida judge will not outright deny a non-custodial parent visitation rights. But the court may impose certain conditions or restrictions on visitation in order to protect the… Read More »
What Is the Role of a Florida General Magistrate in Handling My Divorce Case?
Florida’s family court dockets are typically quite crowded. There are only a limited number of judges available to hear thousands of cases each year. In order to help deal with this workload, Florida law allows circuit court judges to appoint and refer cases to “general magistrates.” These are licensed attorneys who perform many of… Read More »
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 »
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 »
