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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.

Top Ten Practical Tips for Florida Seniors Getting Divorced in Volusia or Flagler County By Paul E. Rice, Jr. Board Certified Divorce Attorney

Florida’s reputation as a retirement haven combined with record numbers of baby boomers retiring has resulted in senior communities springing up all over the state. According to an analysis of recent U.S. Census Bureau data, more seniors flocked to Florida than any other state in 2023. This report also stated that a record 21% of all Florida residents are over 65.

Retirement’s Effect on “Permanent” Alimony By Serena Baldacchino, Daytona Family Lawyer

Florida’s alimony law was overhauled last year. Of note, permanent alimony was eliminated, but only as to initial petitions for dissolution of marriage filed or pending as of July 01, 2023. Though the new law does not eliminate permanent alimony awarded prior to the July 01, 2023 cut-off date, it does codify and clarify situations in which termination or modification of permanent alimony may be possible.

Wills vs. Won’ts: Understanding the Impact of a Will By Matthew Shapiro, Daytona Beach Attorney

The passing of a loved one is always a difficult time, and dealing with the legal complexities that follow can make it even more challenging. One of the key aspects that often comes into play is whether the deceased died testate or intestate. These terms might sound technical, but understanding them can significantly ease the process of managing an estate, especially in Florida.

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