Enhancement and Efforts In a recent decision, the Florida Fourth District Court of Appeal held that the appreciation of a wife’s nonmarital advance against inheritance was not a marital asset. The court found that the husband had not met his burden of proving that either party’s “efforts” resulted in enhancing the value and appreciation of …
Marital Asset or Not? The Case of the Nonmarital Inheritance Read More »
In a recent decision, the Florida Third District Court of Appeal held that a former wife’s long-term relationship with her boyfriend constituted a “supportive relationship” under Florida law. This means that the former wife’s alimony payments could be reduced or terminated. The case, Curtis John Proveaux, Sr. v. Betty Ann Proveaux, involved a couple who …
Can a spouse file for relief from a final judgment of dissolution after 11 years based on a fraudulent financial affidavit? In a recent decision, the Florida Third District Court of Appeal held that a spouse may receive relief from a final judgment of dissolution after 11 years based on a fraudulent financial affidavit. The …
If if you have children outside of marriage in Florida, you should get a court approved Parenting Plan. Or risk not being able to see your child until a court figures things out. This is true even if you are the named father on the birth certificate. A recent case out of Florida’s 5th District …
For divorcing parents, a new Florida court ruling makes it harder for one parent to request ultimate authority to make decisions for the parties’ children. Florida resolves custody issues for divorcing parents through a Parenting Plan. Put differently a Parenting Plan is a custody order. Parenting Plans have to address how divorced parents will …
We love our pets. How are pets handled in a Florida divorce? In a Florida divorce the court treats pets as “personal property,” and handles pets the same way as cars, jewelry, pots and pans, and other items of stuff. The more detailed explanation of how pets are handled in a Florida divorce, was recently discussed …
Florida allows alimony to be reduced or terminated if the spouse receiving alimony lives in a “Support Relationship” with their boyfriend or girlfriend.* What is a Supportive Relationship? The statue providing the definition of a Supportive Relationship lists a number of red flags indicators. The pooling of income and assets is often perceived as one …
Supportive Relationships – Florida makes it easier to terminate alimony Read More »
To protect children in a divorce, a trial court sometime has to include parenting restrictions in the child custody order. Examples of protective restrictions are supervised visits, reductions in parenting time, counseling requirements, or requirements related to a parent’s substance abuse problem. Sometimes the restrictions are directly related to a parent’s problems or behavior, and …
Removing parenting restrictions in Florida divorce cases just got harder Read More »
(Or why you really need a lawyer if you are dividing retirement benefits) The rock musician Meat Loaf, in his 1977 hit “Paradise by the Dashboard Light,” makes a promise to love his girlfriend “until the end of time.” If you know anything about the song, you know that it was a poorly made promise. …
What happens when hand written changes are made to a printed Marital Settlement Agreement? In order to settle a divorce case in Florida, both spouses will need to sign a Marital Settlement Agreement (“MSA”). Typically, a MSA is presented in a printed format by one spouse to the other Sometimes, the spouse receiving the proposed …
Can you make handwritten changes to a Marital Settlement Agreement? Read More »