May
Premarital Agreements in Divorce Explained
What Is a Premarital Agreement? In Florida, prenuptial agreements are called premarital agreements. Many couples decide on premarital agreements to protect their assets and their financial futures. These agreements are contracts that were made between prospective spouses before marriage, cover each of their financial rights and obligations during the marriage, and define how certain issues such as alimony and property division will be treated if the marriage ends in divorce. If you have a premarital agreement and are considering divorce, this is one of the first things that should be discussed with your attorney. Is My Premarital Agreement Enforceable? Yes, in most cases you are obligat ...
Apr
Estate Planning in Divorce
Don't Forget About Estate Planning It’s always a good idea to start planning ahead for things that will need to be altered due to the changes in relationships that occur with divorce. Many people forget the important step of estate planning during pre-divorce and post-divorce activities. Most likely, you will not want your ex-spouse’s name on documents that relate to your future finances or your healthcare directives. If you are contemplating or going through a divorce, be proactive in your approach and get legal advice about estate planning as soon as possible. What Documents are Related to My Estate? Some of the key documents that deal with your estate include: Life Insurance Poli ...
Apr
Documents to Assemble When Preparing for Divorce in Florida
Stay Focused - Organize All Necessary Paperwork While this is a very emotional time, it is important to stay focused during the entire process of divorce. In the early stages, one of the most significant things you can do is to gather and organize all of the necessary paperwork. When you meet with your divorce attorney you should have as many of the critical documents as possible already in order. The exact paperwork you will need for a divorce will depend on whether your divorce is contested or uncontested. More paperwork will be required in a contested divorce, so it is always best to be well-prepared. The attorneys of In Law We Trust Divorce and Family Lawyers, who specialize in divorces ...
Mar
Retirement Plans and Divorce in Florida
Separate Property vs Marital Property The way in which retirement benefits are divided as part of a divorce settlement in a Florida divorce can be quite complicated. It is important to know that the court only considers retirement or pension funds that were accrued during the marriage as marital property. Any money that either spouse deposited or earned before the marriage, or after the divorce, is considered separate property. Therefore, as separate property, it is not subject to the court’s process for division of marital property. The courts use various methods to arrive at the actual amount of a retirement plan or pension that was earned during the course of the marriage. The facto ...
Dec
How is Alimony Affected by the Length of a Marriage in Florida?
Short-Term Versus Moderate-Term Marriages Divorce is a difficult emotional process, no matter how long the marriage has lasted. In the state of Florida, a marriage is considered short-term if it lasts less than seven years. A moderate-term marriage is considered to be seven to 17 years, and marriages lasting more than 17 years are considered a be long-term. When it comes to property division, Florida is an equitable distribution state, but the court does consider many factors and depending on the length of your marriage, the courts will award support and divide property in a manner that they feel is adequate and fair, with that in mind. In the case of short-term marriages, be aware that the ...
Nov
How is Marital Property Typically Divided in a Florida Divorce?
Always Seek Representation When Dividing Up Marital Assets The division of marital property can be one of the toughest aspects of any divorce, and that is why, even in what seems to be an amicable situation, it is best to seek legal representation when considering a divorce. Sometimes divorcing couples can agree about how to divide their property either on their own or with the help of a mediator and the courts will generally uphold these agreements. However, if a couple can’t reach an agreement, an arbitrator or judge will decide and take into consideration a variety of circumstances including the following: Length of the marriage Economic status of each of the spouses If the ...
John DeGirolamo has a heartfelt passion for representing the underdog in an environment that is often unjustly stacked against his clients. He’s earned the trust of tens of thousands of Tampa men seeking a divorce, working with them to create a smooth, fair outcome of their years spent as dedicated husbands & caring fathers.
Your Guide to Status Quo Orders in Florida
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