People who decide to end their marriage have the right to determine their rights and obligations and to memorialize them in a marital settlement agreement. Any agreement entered into with regard to the division of property and debts, custody, and other family law issues must be entered into knowingly and…
Many divorcing couples in Florida develop marital settlement agreements to determine their rights and obligations. While the courts will generally enforce the agreement as to the ex-spouses, it is unlikely that a third party has any right to pursue claims under the agreement. This was illustrated in a recent Florida…
In many divorce cases, one of the biggest issues is how marital property, including retirement income, should be divided. As such, many couples will develop marital settlement agreements defining their rights and obligations with regard to retirement. If the terms of such agreements are unclear, however, it could create challenges…
Florida is an equitable distribution state. As such, if a couple decides to end their marriage via divorce, the court will distribute any marital property between them in a manner that it deems fair and just. Equitable distribution only applies to marital property, however; separate property remains the sole asset…
In Florida divorce actions, the courts will typically issue judgments of dissolution establishing the parties’ rights and obligations with regard to disputed issues like child custody, spousal and child support, and property division. If a court fails to adequately demonstrate the reasoning behind its decision or neglects to take into…
In many divorce actions, the most contentious issue is how property and assets should be divided. Pursuant to Florida law, the courts generally aim to divide marital property in a fair manner, which in some instances means that they may deem it appropriate to award one party a set-off for…
When people with children decide to end their marriage, one of their foremost concerns is usually how the divorce will impact their children and their parental rights. As such, they will often take great care when creating a parenting plan. The courts will generally incorporate parenting plans into divorce decrees…
Florida law permits the courts to award parties alimony in divorce actions. The duration of alimony granted depends on numerous factors. The amount granted, generally, depends on the need of the party seeking alimony and the ability of the person from whom alimony is sought to pay. As discussed in…
Florida law allows courts to order parties to pay alimony in divorce actions. Generally, the courts will take multiple things into consideration when determining what constitutes an appropriate alimony award. As such, as explained in a recent Florida opinion, a party that wishes to modify an alimony order usually must…
Divorce actions are often contentious, and it is not uncommon for a Florida court to issue an order in a divorce proceeding that prevents a party from taking intentional or inadvertent actions that harm the other party’s interests. If a person fails to comply with the terms of such order,…