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Who Gets the Engagement and Wedding Rings in the Divorce? By Paul E Rice, Jr. – Board Certified Divorce Attorney

The important distinction between wedding and engagement rings is that the engagement ring is considered a gift that occurs before the marriage whereas the wedding rings are viewed as gifts during the marriage.

Child Support: Can my new spouse be on the hook for my child support? by MaryCatherine Crock, Volusia County Lawyer

Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if the obligated parent remarries? Is the new spouse responsible for child support? Will the new spouse’s income be considered in modifying the child support amount?

Happy 20th Work Anniversary Phil Bonamo

Has it been 20 years? On September 23, 2004, I hired a top prosecutor from the State Attorney’s office in Volusia County.

Power of Attorney – A Powerful Tool by Jena Conley, Daytona Attorney

Having a proper power of attorney in place is crucial in the event you cannot manage your own financial or legal decisions due to illness, age, absence, or unforeseen circumstances.

Florida’s Constructive Trust By Philip J. Bonamo, Lawyer Daytona Beach

From time to time the issue of what is referred to as a constructive trust in a dissolution of marriage case will surface. A constructive trust is basically an equitable remedy that can be used to help restore property to its rightful owner and to prevent what is referred to as unjust enrichment.

Understanding Florida’s Uniform Partition of Heirs Property Act by Jena Conley, Palm Coast Attorney

It can be challenging to co-own real property, especially when there is a disagreement on whether to sell or keep the property. A partition action to force the sale of property may be necessary if co-owners cannot come to an agreement. The concept of a forced sale can be troublesome to certain co-owners, especially if it was inherited from family members. Florida adopted the Uniform Partition of Heirs Property Act to address the issues many heirs face involving inherited property.

Florida’s New Children’s Social Media Law: What You Need to Know By MaryCatherine Crock, Volusia Divorce Lawyer

Beginning January 2025, a new law in Florida will regulate minors' access to social media and online content. This legislation prohibits children under 14 from creating social media accounts and requires parental consent for 14- and 15-year-olds. The law also requires that platforms verify users' ages in order to access pornographic material.

Do You Really Need An Attorney For Your Family Law Case? By Serena Baldacchino, Daytona Beach Divorce Attorney

When you are pro se (meaning “for oneself”) in a legal action, you represent yourself directly in the case. In Florida Family Law cases, there is no law requiring representation by an attorney, so you certainly can represent yourself - but should you?

Understanding Ancillary Administration By Matthew Shapiro, Attorney Daytona Beach

As an attorney practicing probate administration in Daytona Beach, Florida, I often encounter clients who move here from other parts of the country, leaving behind property in different states. This scenario frequently necessitates ancillary administration, a crucial process for efficiently handling an out-of-state decedent's assets. Here's a comprehensive guide to understanding ancillary administration and its significance in probate, along with how establishing a trust can streamline this process.

Landlords’ Rights to Recover Possession of Rental Property in Florida By Jena Conley, Volusia County Lawyer

A common issue in property rental is recovering possession of the dwelling when a tenant refuses to vacate after their lease ends. Residential leases may terminate due to a material breach, failure to pay rent, or the expiration of the leasing term. Even when the lease is terminated, landlords often encounter situations where tenants remain […]

Florida: Do you need a reason to get a divorce? By MaryCatherine Crock, Daytona Lawyer

Florida is among many states that allow for “no-fault” divorces. This means that one spouse does not have to show wrong-doing on behalf of the other spouse, nor meet other legal requirements, in order to get a divorce.

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