The Marks Law Firm Blog and New Updates

Does Child Support Automatically End When a Child Turns 18 Years of Age?

Answer: It depends. Section 743.07(2) Florida Statutes, states: “This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority or if the person is […]

What About a Post-Nup Marital Agreement?

Everyone is familiar with at least the general idea of a pre-nuptial agreement—a contract you enter before your marriage that governs what will happen to certain assets and liabilities if things don’t work out. But did you know you can still take advantage of those same protections AFTER you say “I do?” Florida law allows […]

How to Avoid Divorce – Part I

Wow! This seems like a strange topic coming from a Family Law Attorney who has practiced law for over 25 years and who has handled hundreds of Family Law Cases. including Divorce which in Florida is known as Dissolution of Marriage. However, who would be in a better position to have seen so many of […]

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 […]

Health Issues, Medical Care, Health Insurance and Divorce

As the pink ribbons blanketing Central Florida reflect, October is Breast Cancer Awareness Month! Like most of you, The Marks Law Firm has been touched by the destructive impact breast cancer can have, both on a family’s personal relationship and its finances. That’s why we wanted to take this opportunity to remind our extended family […]

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 […]

How Does Property Get Distributed In Divorce?

For those who being the dissolution of marriage process an initial concern commonly arises regarding how the belongings and finances will be divided: who gets what? In the state of Florida the two parties can either agree among themselves, or the court will hold a hearing and impose its own decision on them regarding the […]

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 […]