Apr
Are Lottery Winnings Marital Property?
Winning the lottery might feel like a dream come true, until you realize your marriage is on the rocks and divorce is on the table. In that case, the million-dollar question becomes: do I have to share it? Florida law doesn’t offer a one-size-fits-all answer. Whether lottery winnings are considered marital property depends on several factors, including when the ticket was purchased, how the money was handled, and whether you’ve taken steps to protect it. How Florida Defines Marital Property Florida is an equitable distribution state. That means when a couple divorces, the court divides marital assets in a way that’s fair, but not necessarily 50/50. Figuring out what counts as a "marit ...
Mar
How to Avoid Alimony in Florida
Alimony, or sometimes called spousal support, is often a big piece of Florida divorce cases. Florida law does not automatically grant alimony; a court will award it only if one spouse has a demonstrated need and the other has the ability to pay. If you're someone looking legally avoid or minimize alimony obligations, proactive planning and smart legal strategies are a must. Types of Alimony in Florida Bridge-the-Gap Alimony: A short-term support intended to “bridge the gap” between married and single life. Bridge-the-gap alimony terminates upon the death of either party or remarriage of the recipient, and it is non-modifiable by statute 61.08. Rehabilitative Alimony: Support designed to h ...
Mar
What Disqualifies You From Getting Alimony
Florida’s alimony laws set clear requirements and limitations on when a spouse can receive support after divorce. While courts have discretion in awarding alimony, several legal factors can disqualify a spouse from receiving alimony or significantly reduce their eligibility. These include absolute bars (situations where alimony is essentially prohibited) as well as circumstances that weigh heavily against an award. 1. Remarriage of the Recipient Spouse If the spouse receiving alimony gets remarried, their right to ongoing payments typically ends as a matter of law. The logic is straightforward: a new marriage presumably provides financial support from the new partner, making ali ...
Mar
12 Signs of an Incompetent Attorney
Choosing the right attorney can feel overwhelming, especially when you're already navigating challenging legal issues. Regardless of the particular practice, we've all heard stories of lawyers who fall short, leaving their clients frustrated, disappointed, or even financially worse off. To help you avoid becoming another cautionary tale, here's a straightforward guide to spotting an incompetent lawyer before they negatively impact your case. Knowing these signs can help ensure you receive quality representation and the peace of mind you deserve. 1. Ineffective or Poor Communication Communication is arguably the backbone of a successful attorney-client relationship. An effective lawyer ke ...
Mar
What is a Minute Order?
In simple terms, a minute order is a brief summary or written record of a judge’s decisions made during a hearing or court proceeding. Instead of waiting days or weeks for a detailed written order, a minute order allows the parties involved—especially in sensitive family law cases—to quickly understand what the court has decided. Typically, the judge announces the decision verbally, and a court clerk immediately records these details into the court’s official minutes. Even though they're concise, minute orders hold legal weight, impacting issues like custody arrangements, visitation schedules, or financial responsibilities right away. When Do Minute Orders Happen? Minute orders are espec ...
Dec
Your Guide to Status Quo Orders in Florida
What is a Status Quo Order in Florida? A status quo order is a court mandate issued in family law cases to maintain the existing conditions or arrangements between parties while a legal dispute is ongoing. In Florida, these orders are most commonly seen in divorce or child custody cases, where they aim to prevent any sudden or unilateral changes that could disrupt the stability of children or financial obligations. For instance, if one parent tries to suddenly move a child to a new school district or withhold access to joint accounts, a status quo order could step in to keep things as they are until the court makes a final decision. These orders protect both parties by ensuring fair ...
Nov
Can You Go to Jail at a Show Cause Hearing?
A show cause hearing is a legal proceeding where one party must explain to the court why they haven’t complied with a court order. In family law, this usually involves obligations like child support, alimony, or custody arrangements that were set during or after a divorce. At a show cause hearing, the judge expects the person accused of non-compliance to "show cause" or give a valid reason for why they haven’t followed the court order. If the court isn’t satisfied with the explanation, they may impose penalties, including jail time, to encourage compliance. For many fathers and men facing financial challenges after divorce, understanding the risks of a show cause hearing is critical. Why ...
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.
Are Lottery Winnings Marital Property?
How to Avoid Alimony in Florida
