How Do I Get Alimony During My Divorce?

Florida Statute 61.071- Alimony Pendente Lite (aka Temporary Alimony); Suit Money “In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor. If a party in any proceeding for […]

Is One Party’s Student Loan Acquired During the Marriage a Marital Asset?

Yes!  Even a student loan debt incurred during the marriage by one party is considered a marital asset under Florida Law.  Due to its classification, as a marital asset, the student loan debt is subject to equitable distribution between parties. A student loan debt can be unequally distributed only with sufficient factual findings to advise […]

When Does My Spouse Get Rights to My Property in Marriage?

Florida Statute 61.075 controls how the parties’ assets and liabilities are to be distributed.  As previously discussed, the court must first determine which assets and liabilities are classified as “marital” (see previous blog for more information on this topic). Upon said identification, the Courts must begin with the premise that distribution should be equal, unless […]

Divorce on a Dime: Part IV

“Kitchen Table” Negotiations commonly occur when parties represent themselves and negotiate their divorce issues without the assistance of attorneys and outside of the mediation setting.  This may occur prior to filing, such that an executed Agreement resolving all issues can be filed with the Uncontested Petition for prompt finalization of the case. This form of […]

Mediation Divorce on a Dime: Part III

Mediation in Family Law cases can happen either pre-suit or during the litigation process.  Pre-suit Mediation is where a neutral mediator is used to help settle the dispute between both parties before the lawsuit is initiated, which means before the initial Petition for Dissolution of Marriage is filed.   Family Law Mediators go through a lengthy […]

Divorce on a Dime: Part II

Over time, a common form of divorce has fallen into the category of traditional divorce through litigation.  In a traditional divorce each party hires an attorney to represent them throughout the divorce process. Though the parties are free to communicate with one another, most of the negotiations between the parties go through their attorneys.  Settlement […]

Divorce on a Dime: Part I

In general, there are four main methods that can be used to obtain a divorce:  Collaborative Law, Traditional Divorce via Litigation, Pre-Suit Mediation, and “Kitchen Table” Negotiations. Collaborative Law is a relatively new type of Family Law which first began to be utilized in the U.S. in the 1980s.  Collaborative Law has quickly grown in […]

Who Gets to Claim our Child as Dependent During our Divorce?

Many dissolution and paternity agreements and/or orders include a provision allowing a specified parent to claim a child.  Form 8332, available on the IRS website should be filled out every year where one spouse is entitled to take the dependency exemption. The form essentially transfers the exemption from one parent to the other as long […]

Judicial Procedures in Orlando Domestic Violence Injunctions

Domestic Violence is often a part of many Family Law cases. Each Domestic Violence situation is unique and must be individually examined by the Court. Prior to a Court making any decisions regarding Injunctions (commonly known as “Restraining Orders”), a Judge must consider whether the Petitioner (the person seeking the Injunction), has a legal right […]

The Child Abduction Prevention Act: Protecting our Children from the Dangers of Abduction by a Parent

Florida Statutes Section 61.45 was recently amended to create the “Child Abduction Prevention Act.”  This Act is beneficial when there is a concern about the risk of removal of a child from the state or country in violation of a parenting plan. This section includes new preventative and risk factors for the court’s consideration, as […]