Many people put money into retirement savings accounts during the course of their employment. While retirement plans can only be in one person’s name, income deposited into a retirement account during a marriage is generally considered marital property and is subject to equitable distribution unless otherwise agreed. As discussed in…
Divorce proceedings are sometimes acrimonious, with one of the most common points of contention being how assets and obligations should be shared. While court assistance is usually required to resolve such disputes, spouses are free to reach an arrangement on their own. In many cases, such agreements will emerge over…
When a couple that has children decides to end their marriage, they will generally task the court with determining their paternal responsibility, such as how custody should be split. Prior to making custody decisions, courts consider a number of criteria, including whether one partner has committed acts of domestic abuse. Regardless of whether another court believes…
Broadly speaking, Florida courts have the authority to grant alimony and establish the proper amount of maintenance. However, the courts must follow specific rules, and if they award alimony outside of the prescribed bounds without good reason, their decisions may be overturned. A Florida court recently reviewed grounds for overturning…
While it may not happen often, it is possible for a party to a divorce action passes away while the case is pending. In such cases, the courts are likely to dismiss the case because a petition for dissolution of marriage is rendered irrelevant if one of the parties is no longer…
When a couple decides to divorce, the court is usually entrusted with settling matters like property distribution and whether either side is due child support or alimony . However, if the court makes an error or relies on false evidence, either side can appeal the decision. In a recent opinion in…
Married couples often accumulate assets over the course of their marriage, and how that property should be split is often one of the most contentious issues when they divorce. The state of Florida is an equitable distribution state, which means that the courts are free to divide marital assets in…
It is critical to litigate a family law issue in the proper jurisdiction in order to preserve the rights of all parties concerned. When a couple has lived in more than one jurisdiction during the course of their marriage, the question of which state or country has the authority to…
When a couple with minor children decides to end their marriage, they will typically be granted joint custody rights. In some cases, however, the court will grant one parent will be greater custody rights at first. Subsequent changes in the parties’ situations are common, though, and will typically inspire the…
The most divisive issues in many divorce proceedings are how to distribute property and whether either party is due to spousal maintenance. In some cases, spousal support may be appropriate, but the court must first establish specific factual findings before issuing an order requiring one spouse to provide financial support…