Amicably Splitting Assets in a Divorce

Updates In The Law – June 2024

FLUHART v. RASMUSSEN  So. 3d      (Fla. 5th   DCA 2024) 49 FLW D753 (4/4/2024) THE MOTHER APPEALED A FINAL JUDGMENT OF DOM WHICH RATIFIED AND ADOPTED THE REPORT AND RECOMMENDED FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE SUBMITTED BY THE GENERAL MAGISTRATE FOLLOWING EVIDENTIARY HEARINGS. HOWEVER, SHE DID NOT FIRST FILE A MOTION TO VACATE THE RECOMMENDED FINAL JUDGMENT AND BY THIS …

Updates In The Law – April 2024

EQUITABLE DISTRIBUTION – DIVISION HINES v. WILLIAMS So. 3d      (Fla. 4th  DCA 2024) 49 FLW D400 (2/21/2024) WHERE THE TRIAL COURT FAILED TO MAKE SPECIFIC FACTUAL FINDINGS REGARDING ITS DISTRIBUTION OF THE ASSETS AND DEBTS OR ITS DETERMINATION OF MARITAL AND NONMARITAL ASSETS AND DEBTS PURSUANT TO §61.075, THE JUDGMENT MUST BE REVERSED. THIS IS TRUE EVEN THOUGH NO TRANSCRIPT …

Updates In The Law – March 2024

AGREEMENTS – MARITAL SETTLEMENT AGREEMENT FRENKEL  v. COSTA So2d      (Fla. 4th  DCA 2020) 45 FLW D2285 (10/7//2020) FOR AN ORAL MARITAL SETTLEMENT AGREEMENT ENTERED INTO IN OPEN COURT TO BE VALID AND ENFORCEABLE THE COURT MUST INQUIRE AND THE PARTIES MUST ACKNOWLEDGE THAT THEY HAVE DISCUSSED ALL TERMS OF THE AGREEMENT WITH THEIR ATTORNEY OR HAD THE OPPORTUNITY TO DO SO.  THIS …

Updates In The Law – February 2024

As of February 2024, there have been a couple important updates to laws that you should know about, see below.   ATTORNEY’S FEES – ENTITLEMENT CLETCHER v. CLETCHER So. 3d       (Fla. 2d  DCA 2022) 47 FLW D2043 (10/7/2022) THE TRIAL COURT’S ORDER REQUIRING  THE HUSBAND TO PAY ATTORNEY’S FEES TO THE WIFE WAS REVERSED BECAUSE THE WIFE HAD A GREATER …

Alimony and the New Tax Law

Alimony and the New Tax Law

Whenever the government takes a new approach to something, a certain amount of confusion and misunderstanding is expected. This is especially true when a new approach affects as many people as the most recent tax legislation has. In addition to taking a new approach to taxes, tax brackets, payments, and other aspects of the tax code, the new tax legislation …

Florida Supreme Court Changes Rules Of Procedure For Family Law

The Supreme Court of Florida has passed amendments to the Florida family Law rules of procedure. These rules changes became effective March 16, 2017. The rule changes were a result of the family Law rules committee and the report recommending that the Florida Supreme Court adopt many amendments to the Florida family Law rules of procedure to govern family law …

Florida Alimony Reform, couple fighting over money illustration.

Florida Alimony Reform is Again Moving Through Committees

The push for Florida alimony reform is once again moving through the committees. Read SB 668 at: https://www.flsenate.gov/Session/Bill/2016/0668/ByVersion   Florida alimony reform changes can be widespread. Consider the following aspects of the bill: Alimony calculated based on the difference in income and length of marriage without concern for the needs.  Court can only deviate if presumptive alimony is inappropriate or inequitable. …

Decorative Scales of Justice in the Courtroom

Residency in Florida Under Six Months UCCJEA Jurisdiction of Minors

TRIAL COURT ERRED IN FINDING HOME STATE OF MINOR CHILDREN TO BE COLORADO WHERE CHILDREN HAD RESIDED IN FLORIDA WITHIN SIX-MONTH PERIOD PRIOR TO FATHER’S FILING OF PETITION, THUS MAKING FLORIDA THEIR HOME STATE UNDER THE UCCJEA. The Mother and Father moved with their two minor children from Colorado to Florida in October 2010. In August 2011, the Mother moved …