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Who gets the Family Dog in a Florida Divorce?

Divorce can be acrimonious. Spouses often wrestle over who gets the family home, the timeshare in the Keys or even the big screen TV. But, what about the family dog or cat? If the parties are going to split custody of the kids, then why not share the family pet.

What Is A Diversion And Am I Eligible

One of the first things I look at when I am retained to represent someone in a criminal case is whether they are eligible for what is referred to as a Diversion. This can mean different things in different jurisdictions, but what I am referring to is whether the criminal case can be taken out of the regular court that it is pending and for a favorable result or outcome.

Things to NOT Do If You Are Arrested:

It is very important to realize that if you are arrested for any crime, it can be tempting to do certain things due to being scared, upset, and confused about the situation. When I am speaking with someone after they have been arrested (or if they have not been arrested, but are the subject of a criminal investigation), I find quite often that they have done one or more things that they should not have when dealing with law enforcement.

Recent Court Case Rejects Husband’s Adultery Claim

In an opinion issued on September 16, 2016, the Fifth District Court of Appeal rejected a husband’s claim that he should not be required to pay alimony due to his wife’s adulterous behavior. The Appellate Court, based in Daytona Beach, Florida, reasoned that while a trial court may consider evidence of adultery, such consideration would depend on the circumstances of a particular case.

The storm may have passed, but who is going to pay for the damage?

The greater Daytona Beach area is a beautiful place to live and that is in large part due to its numerous trees. Although a large number of individuals were fortunate enough not to have sustained extreme property damage due to Hurricane Matthew, many homeowners are currently dealing with fallen trees that have harmed their homes or are littering their lawns.

Can I still get a divorce if my soon-to-be Ex has declared bankruptcy?

Most people know if a party opposite you in litigation files for bankruptcy it would normally mean the litigation needs to cease at least until the bankruptcy case is over and possibly forever. A divorce proceeding creates some special exceptions to this normally rigid rule.

Supportive Relationships in Florida and Effect on Alimony

The family law courts in our state over the last several years have been seeing a larger number of what is called 'Supportive Relationship' cases. When a spouse in a divorce case is awarded spousal support or alimony, the payment award is usually terminated, by operation of law, upon the remarriage of the former spouse.

Frequently Asked Questions Regarding Retirement Accounts in Florida Divorce Cases

1. Is my retirement account a marital asset? Answer: Any contributions to a retirement account during marriage together with the increased value of those contributions due to market gains are considered a marital asset. The fact that the account is just in one spouse’s name and further that the contributions were made by the employee spouse or his or her employer does not affect the marital character of this account.

Florida Divorce Procedure

In Florida, the legal term for a divorce is “dissolution of marriage.” The two simple requirements to dissolve a marriage are: 1) one party must be a Florida resident for more than six months prior to filing and 2) one party must allege under oath that the marriage irretrievably broken. Each divorce encompasses a different set of circumstances.

What rights does a creditor have in a bankruptcy case?

Bankruptcy is a process by which consumers or businesses can eliminate or repay some or all of their debts under the protection of the federal bankruptcy court. If you’ve received a notice from a bankruptcy court that a person or business that owes you money has filed for bankruptcy, you might assume you don’t have any rights throughout the process but that is far from the case.