A Florida Circuit Court order required one party in a divorce to pay the other's attorney's fees and further ruled that the fee award was not dischargeable in bankruptcy. In a recent ruling, the Third District Court of Appeals reversed that lower court decision stating that the law does not allow a state court to decide the federal issue of discharge prior to the filing of any bankruptcy proceeding. The court explained that the problem with the state court's judgment is that it reached an issue of federal law that is not yet ripe for consideration. A state court is free to place language in a judgment to memorialize factual determinations or legal rulings on questions of state law that may later assist a bankruptcy court in deciding, as a matter of federal law, the dischargeability of obligations created by the judgment.

Rice Law Firm has been closely following the changes in the law this year on several areas of marital and family law, as shown from our previous blogs. As an update on the issue of alimony in the state of Florida, the ‘Alimony Reform Bill’ that passed both chambers of the Florida legislature during the 2023 Florida legislative session earlier this year, was sent to Florida Governor DeSantis’ office for review. The Governor approved the bill on June 29, 2023, which become law in Florida, effective July 1, 2023.

Divorce, although common, is an often complicated and emotionally charged process. Understanding the intricacies involved, particularly when it comes to serving divorce papers, is critical. This comprehensive guide, designed for residents navigating the Volusia County family law system, aims to shed light on the various stages of this crucial process under Florida law. Commencing the […]

Navigating the landscape of high-net-worth divorces can be an arduous journey, layered with complexities and intricate legal stipulations. At the Daytona Beach-based Rice Law Firm, our team of seasoned attorneys are well-versed in handling the unique challenges that these high-asset divorces pose. This article will delve into five key elements of high-net-worth divorce proceedings, shedding […]

When facing a significant life transition such as divorce, choosing the right Daytona Beach divorce lawyer is a critical initial step. This process, often fraught with emotions, demands the guidance of a skilled and experienced legal advisor to help you navigate the intricate landscape of family law. This comprehensive guide aims to assist you in […]