Looking for Closure: Divorce Using Service By Publication
For the majority of people, going through the divorce process can be a complex and surreal period in their lives. In some cases, however, even starting the process can be exceedingly difficult. “Starting the process” does not refer to the situation where most people contemplating a divorce find themselves, namely, grappling with the decision of […]
When Is an Unequal Distribution Available in a Divorce?
The Factors Equitable Distribution is premised on the starting point that equal is equitable. (See prior post, “How Is Property Divided In A Florida Divorce?”) In other words, Florida statutes specifically instruct the trial courts to begin analyzing equitable distribution with “with the premise that the distribution should be equal”; however, that same statute permits […]
Can You Stop A Divorce From Moving Forward?
In spite of all the bleak statistics everyone has heard about the likelihood of a marriage ending in divorce, people have always entered into marriages full of hope. The newest statistics indicate that in Florida, the marriage rate is increasing while at the same time, the divorce rate is decreasing. Given these different factors, it […]
What is Mediation in a Florida Divorce?
In the realm of family law, where emotions often run high and tensions can escalate rapidly, finding amicable solutions to disputes is paramount. One of the primary methods to resolve a family law dispute is mediation. Understanding Mediation Mediation is a voluntary but required process wherein disputing parties engage in facilitated discussions to reach a […]
Who Has to Pay the Mortgage and Household Expenses During a Pending Divorce?
During a pending divorce in Florida, often, one of the parties will decide to move out of the marital home. (See our post on What Happens If I Move Out During the Divorce?) There are varying rationales as to why individuals involved in a divorce choose to leave the marital home during the process; however, […]
How Is Property Divided In A Florida Divorce?
This is one of the most important questions in a divorce. While a marriage, and its undoing, can be fraught with complex and difficult emotions, the legal process of a divorce mostly comes down to who gets what and how to handle parenting issues. The first question, who gets what, is decided through the process […]
Can I Sue My Spouse For Cheating? Can I Sue The Other Person?
Divorce can involve a chaotic jumble of emotions, leaving most people cycling through feelings of anger, hurt, sadness, and betrayal. For some during this traumatic period of time, this combination of feelings leads to the overwhelming desire for “justice”—-for what has been done to them, for the pain inflicted upon them. Simply, someone needs to […]
What is Dissipation of Marital Assets in a Florida Divorce?
Marriage Means Being Financially Intertwined Once a couple gets married, they have formed a partnership in which they are each impacted and bound by the decisions of the other spouse. The income that both spouses make at their respective careers is considered a marital asset, part of the marital estate. If they purchase a house, […]
The UCCJEA and Florida:
I like to think I stay well-informed regarding current issues in family law. I read new case law; attend continuing legal education seminars; seek out multiple-day conferences; I even read up on new procedural law changes (believe me, that is elevated nerdiness). Further, when the sweeping changes affecting the Florida family law statutes encompassing […]
Ways to Prepare for a Divorce That Aren’t Discussed (But Should Be)
All major life events, both the good and the bad, are improved through preparation. You prepare for a family vacation and you prepare for hurricane season every year. Likewise, you should prepare for a divorce if you are considering one, and not just “wing it.” There are many aspects that can go into preparing for […]
