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Marital Asset or Not? The Case of the Nonmarital Inheritance

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 […]

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Passive Investing - Marital or Not

Shared Parental Responsibility in Florida

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

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How are pets handled in a Florida divorce?

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

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Supportive Relationships – Florida makes it easier to terminate alimony

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

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Removing parenting restrictions in Florida divorce cases just got harder

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

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Can you make handwritten changes to a Marital Settlement Agreement?

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

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