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Posts tagged "Family Law"

Divorce and entitlement of proceeds when a marital home is sold

Floridians who get a divorce might be of moderate means or be in the middle of a high asset divorce. Regardless of their financial circumstances, there will be one property that has significant value and from which both sides will want a share: the marital home. Often, as part of the divorce, it is decided that the property will be sold. When this happens, it is imperative to understand what the law says about the entitlement to credits or setoffs (recovering of money due) when the property is sold. Having legal advice from a qualified litigator in family law is integral to dealing with this issue.

Divorce, bridge-the-gap and rehabilitative alimony

In a Florida divorce, whether it is a high conflict divorce, a high asset divorce or has other circumstances surrounding it, the topic of alimony - also referred to as spousal support - will come to the forefront. Both parties will have reasonable positions on how much should be paid, how long payments should last, and if there should be conditions linked to the payments. While there are many factors in the discussion, two subsets of alimony are bridge-the-gap and rehabilitative. Understanding how these are determined is key to a case for the prospective paying party and the receiving party.

Assistance navigating a high-asset divorce

Florida is a state where many people of significant means like to congregate. This is no surprise given the agreeable climate, abundant outdoor activities and lavish homes for them to choose from. However, a state that has so many people who are wealthy will also have its share of divorces. A high asset divorce must be handled differently than one of more modest means. A major part of that is having legal help to go through the assets and property that are part of a high asset divorce and to seek a fair settlement. When facing the litany of issues in such a case, having legal assistance is a must.

After divorce, written agreements help with back child arrears

After a Florida divorce, child support is a hot-button issue that affects many couples as well as their children. If it was a high conflict divorce, the likelihood is that the parting of the ways will not eliminate all the issues that were evident when the divorce took place. That can sometimes impact child support and lead to disagreements, including the failure on the part of the supporting parent to make the child support payments on time and in full.

How does a court decide on questions of alimony?

When a Florida marriage ends, one spouse will often seek spousal support, also referred to as alimony, as part of the case. This is true whether it is a high asset divorce or a divorce of more modest means. Simply because there is a request on the part of one spouse to receive alimony does not mean it must be a high conflict divorce. However, even while some cases are relatively amicable and one spouse does not have a major issue paying alimony to the other, there are many cases where the situation is contentious and a dispute is likely. No matter what, knowing what factors will be considered is something everyone should understand.

How do premarital agreements impact a Florida divorce?

Many who are planning to get married seek to give themselves a layer of protection with a premarital agreement. There is often a perception that these agreements are limited to those who have significant assets, but anyone can have a premarital agreement, if they choose to. The document itself comes to the forefront when the couple decides to divorce. Whether it is a high asset divorce or a divorce of more modest means, a premarital agreement can add to the complexity of the case. Understanding what the law says about these agreements, what can be in them and when they are unenforceable is critical for both sides.

Divorce rate on the decline in America

Each year thousands of Florida residents go through a divorce. Some couples are able to do so in an amicable fashion, working out most of the details of their divorce out-of-court and then submitting an agreement to a family law court for approval. However, others are not so fortunate, and instead go through highly contentious divorce proceedings. Whether easy or hard, the numbers for how many divorces occur in Florida and throughout the country fluctuate each year, but is the overall divorce rate now in decline in America?

Know your options when it comes to complex family law issues

There are thousands of people in Florida who find themselves in family law court for the first time and don't know what their options are. From divorce to child custody and support to alimony issues, there are many family law cases that can become complex in a hurry. Knowing your options can help when it comes to navigating family law courts in Florida.

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