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Category: Blog

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.
By Paul E Rice, Jr. - Board Certified Divorce Attorney

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.
By Matthew Shapiro, Daytona Beach Attorney

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.
By Rice Law

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.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

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.
By Paul E Rice, Jr. - Board Certified Divorce Attorney

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.
By Elizabeth King

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.
By Rice Law

Debt Which Husband Obtained by Forging Wife’s Name was Declared His Non-Marital Debt

The husband in a Florida divorce action versus Brevard County forged his wife’s name on a home equity line of credit (HELOC) to cover his obligation to invest $100,000.00 in a start up bank, where he sat on the board of directors. The wife later learned of the HELOC when the lender called threatening to foreclose on the home due to non-payment.
By Paul E Rice, Jr. - Board Certified Divorce Attorney

Florida Court Rules Only One Parent Needs to Consent to Surgery on Child

In what appears to be a case of first impression, a Florida Appellate Court recently ruled that state law only requires one parent to sign off on surgery for a child. The divorcing parents were separated and had equal custody rights to their children. The mother gave consent for their 3 year old child to have adenoid and ear-tube surgery.
By Paul E Rice, Jr. - Board Certified Divorce Attorney

In What County Will My Lawsuit Be Filed?

When someone believes they have been harmed they often turn to the judicial system for a remedy. But what happens if the potential defendant lives in another location? Although a person's first inclination may be to seek out the help of an attorney in their city, they must first determine whether it is even appropriate for the local court to preside over their case.
By Matthew Shapiro, Daytona Beach Attorney