May
Does it Matter Who Files For Divorce First?
When a divorce is on the horizon, it’s natural to wonder whether it matters who goes first. Should you be the one to file? Or does it make more sense to wait and let your spouse take the lead? You might have heard that the first person to file “wins,” or that being the petitioner puts you in control of the process. The truth? In Florida, it's not quite that simple. Filing first can give you a few advantages, but it won’t make or break your case, and it definitely doesn’t mean the court will take your side. Florida Is a No-Fault Divorce State Let’s start with the legal framework. Florida is a no-fault divorce state, which means you don’t need to prove that either spou ...
May
Do Alimony and Spousal Support Mean the Same Thing in Florida?
If you're going through a divorce in Florida or just starting to research your options, you’ve probably come across two different phrases: alimony and spousal support. At first glance, they seem to mean the same thing-and in many cases, people use them interchangeably. But do they actually mean the same thing in the eyes of Florida law? The short answer: not exactly. While both terms refer to financial support paid by one spouse to the other after separation or divorce, Florida only officially recognizes one of them, alimony. That distinction might sound small, but it matters more than most people think. Why Florida Uses the Term Alimony Here’s the thing: Florida statutes, cour ...
May
Do You Need an Attorney to Create a Postnuptial Agreement?
A postnuptial agreement is a legal contract that spouses create after they’re already married. It typically outlines how assets, debts, and other financial matters will be handled if the marriage ends in divorce or death. While many people are familiar with prenuptial agreements, postnups are less common but can often be just as important. One of the most common questions I hear from clients about postnups is whether or not they need a lawyer to create a postnuptial agreement. The short answer is no, it's not technically required, but it's highly recommended. Here's why. Can You Legally Create a Postnuptial Agreement Without an Attorney? Yes, you can. In Florida and most oth ...
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 ...
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.
Does it Matter Who Files For Divorce First?
Do Alimony and Spousal Support Mean the Same Thing in Florida?
