Category Archives: divorce
What is Voluntary Impoverishment?
Are you stuck in a marriage with a spouse who refuses to work? Are you considering divorce but are concerned you will be forced to pay alimony to a husband or wife who has not contributed periodically throughout the marriage? This scenario is not uncommon. Voluntary impoverishment is defined as making a conscious choice… Read More »
Taxes After Divorce
If you are considering divorce, or are legally separated, you may have questions about your tax filing status, what deductions you can claim, or which parent claims the children as a dependent for tax credit purposes. Fortunately, most tax considerations are contemplated and agreed upon in a marital settlement agreement. Conversely, not all parties… Read More »
Same-Sex Divorce & Child Custody Disputes
The landmark case Obergefell v. Hodges, decided in 2015 by the Supreme Court, granted numerous rights to same sex couples. These rights include the right to marry, and consequently, the right to divorce. Unfortunately, in many states including Florida, same-sex couples face numerous challenges including equal treatment under the law. Family law is emotionally… Read More »
Commingling Assets in Florida: What You Need to Know
It is not uncommon for married couples to share their property. Indeed, many couples handle virtually all of their finances using joint bank accounts. When they do so, they are essentially commingling their assets. To be clear, there is nothing wrong with commingling assets. For many married couples in Florida, it is effective and… Read More »
Your Guide to Serving Divorce Papers in Florida
When a civil complaint is filed in a Florida court, a notification must be delivered to the opposing party. This is often referred to as “service of process” or “being served papers”. As a divorce is technically a type of lawsuit, the spouse who files for divorce has an obligation to serve divorce papers… Read More »
Same Sex Divorce in Florida: What LGBT Parents Should Know About Custody & Visitation
In the 2014 case of Brenner v. Scott, the Florida Supreme Court determined that the state’s ban on gay marriage was unconstitutional. Not taking effect until 2015, the decision helped pave the way to marriage equality in Florida. Of course, true marriage equality means that some same sex couples, just like some heterosexual couples,… Read More »
An Overview of Florida’s Child Relocation Law
A parent who has sole custody of their child can move to a new community without restrictions. However, if you have shared custody, there are strict rules in place regarding “relocation” of a child. You must follow the proper procedures before moving more than 50 miles away from your current residence. Here, our Tampa… Read More »
The Three Most Common Reasons to Get a Post Divorce Modification in Florida
Most people feel a major sense of relief after finalizing their divorce. While it is often bittersweet, a finalized divorce lets both parties start to move forward with their lives. That being said, if the former spouses still have ongoing obligations to each other, a divorce agreement/judgment is not always set in stone—it may… Read More »
An Overview of the Collaborative Divorce Process Act
Most divorce couples want to find amicable, low conflict solutions. Few people truly go into a divorce wanting a fight. Although divorces certainly have the potential to turn nasty, fierce disputes can often be avoided. In Florida, there is a legal process called “collaborative divorce” that is designed to encourage separating couples to work… Read More »
What to Do If Your Ex Falls Behind on Alimony Payments
Under Florida law (Florida Statutes § 61.08), one spouse may be ordered to pay their former partner alimony following a marital separation. As a general rule, this tends to occur when the marriage lasted for a substantial period of time and there is a gap in the current and future economic prospects of each… Read More »
