Divorce can leave one party in a precarious financial situation. In many divorces, then, a person will seek alimony from their spouse. In evaluating whether alimony is warranted, the courts will look at not only if the party seeking alimony can demonstrate their need but also if the other party…
Florida is an equitable distribution state, which means that in divorce actions, the courts have the authority to divide marital assets in a manner that they deem fair and just. Not all property acquired during a marriage is subject to equitable distribution, though, as shown in a recent Florida ruling.…
In divorce actions, the parties will typically go through the process of discovery, during which they will seek any evidence that they can use to help them obtain a favorable outcome. Once discovery is complete, and the court issues its final judgment, however, parties will rarely be granted the chance…
In many divorce actions, a couple will disagree as to how marital property should be divided. In some instances, a party will go so far as to intentionally divert funds to prevent their spouse from accessing them. The courts typically do not look kindly on such behavior, as demonstrated in…
Parties seeking a dissolution of their marriage in Florida must comply with any applicable procedural rules. This means, among other things, that the party that institutes an action must properly serve the initial pleading on their spouse. If they do not, the court may lack jurisdiction over the responding spouse.…
There are different types of alimony the Florida courts can award in divorce proceedings, including permanent alimony. Permanent alimony is not as permanent as the name suggests but can be adjusted if a court finds that a modification is warranted. The court will only grant a modification if there is…
It is not uncommon in divorce actions for the parties to develop a marital settlement agreement, which is essentially a contract that sets forth their rights and obligations, or for the court to incorporate the agreement into the final judgment that dissolves the marriage. If a party refuses to comply…
It is not uncommon for family court hearings to be conducted in front of a magistrate judge in Florida. If parties do not agree with the recommendations set forth in the magistrate’s report they can file exceptions, but in many cases, the magistrate’s recommendations will be adopted regardless. This was…
Typically, divorce actions and equitable distribution claims only involve two people. In some cases, though, other parties will have an interest in assets that may be subject to equitable distribution and therefore may intervene in dissolution proceedings. Recently, a Florida court evaluated a third party’s right to challenge a ruling…
There is typically some delay between the time a couple decides to end their marriage and the date ultimately determined to be the effective date of the end of the marriage. While the difference may seem insignificant, it is essential for determining issues like property division and spousal support. Recently,…