Category Archives:Family Law

Father’s Rights, a Little Money Now Can Save a Huge Headache Later!

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Auto Accident Attorney Renee Dial

Auto Accident Attorney Renee Dial

Father’s Rights and Establishing Paternity, a Little Money Now Can Save a Huge Headache Later!

By: Renee Dial

Most fathers, especially teen fathers do not understand the legal system especially as it relates father’s rights and to children born when they are not married to the mother. This lack of knowledge can mean a lot of heartache and headache. Dedicate the time and money to establish your rights as a father today.  A little money today can save a huge headache later as well as lots of money. Read More

Equitable Distribution Does Not Always Mean Equal Distribution in Divorce

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Equitable Distribution Does Not Always Mean Equal Distribution

Divorce Aisha White

Divorce Attorney, Family law attorney, Child Support attorney Aisha White

By: Aisha S. White

We have all seen scandalous stories in the news and tabloids about unhappily married celebrity couples fighting over marital property during their divorce.  Couples end up fighting over the checking account, money, 401Ks, pensions, cars, investment accounts, and even cats and dogs!  How does the court figure out who gets what from the marriage? First, the court must make a determination as to what is “marital assets and liabilities” and what is “non-marital assets and liabilities” as defined in Florida Statute 61.075. The classification of a divorcing party’s assets and liabilities is the starting point for determining who walks away with what from the marriage. This may not always be a clear cut determination, because some assets may start off as non-marital or pre-marital assets, and due to certain actions taken during the marriage, the asset may have been converted to a marital asset.

Many Floridians believe that when parties file for a divorce, their marital assets and liabilities are automatically split right down the middle. That scenario could take place.  However, that is not always the case, and if requested, the court can actually order an “unequal” distribution if supported by the appropriate findings.  Per Florida Statute 61.075(1), “the court must begin with the premise that distribution should be equal, unless there is a justification for unequal distribution…”  When considering whether there should be an unequal distribution, the court will consider the list of factors listed in Florida Statute 61.075(1)(a-j) .

Just to name a few, some of the factors to be considered by the court are: the length of the marriage, the economic circumstances of the parties, any interruption of personal careers or educational opportunities, and the contribution to the marriage by each party.  There are several other factors that the court may consider as well.

If you desire an unequal distribution of marital assets and liabilities, it must be pled or else it is waived.  When determining whether an unequal distribution is proper, the court decree must also note findings based on the factors listed in Florida Statute 61.075.  If you need assistance with a divorce, please do not hesitate to contact DKN Legal, PLLC at 321-329-5449 to schedule a consultation.

Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.

Alimony: May I have some please?

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Aisha WhiteAlimony: May I have some please?

By: Aisha White

We have all heard stories in the news about people receiving outrageous sums of alimony after a divorce, but is it really that easy to strike it rich?  In Florida, alimony is governed under Fla. Stat. 61.08 .  There are different types of alimony available to parties here in Florida, including: Bridge-the-Gap alimony, Rehabilitative alimony, Durational alimony, and Permanent alimony. There is also a type of alimony called alimony Pendente Lite that is available while the actual divorce is still pending.

Before making an alimony award determination, the court has to first determine whether either party needs alimony AND whether either party has the ability to pay alimony. If the Read More

WILLS AND OTHER ESTATE PLANNING OPTIONS

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3Is it time to update your will and estate documents?

By: Renee L. Dial, Esquire

Everyday we hear about someone famous and the internal family fights after the person has passed.  Most recently Casey Kasem and the fight between his children and his second wife.  Then, Phillip Seymor Hoffman and the fact that he did not want his children to become trust fund babies. 

Is There Financial Privacy Post-Divorce?

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Jeff NuckolsIs There Financial Privacy Post-Divorce?

By: Jeffrey R. Nuckols, Esq.

So you made it through a dissolution of marriage a few years back including filing a financial affidavit and maybe even the Florida Family Law Rules of Procedure Rule 12.285 mandatory disclosure. Well, at least at the time of your dissolution there were probably few if any aspects of your financial affairs that your then-spouse didn’t already know about.

Custody? Or Shared Responsibility?

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Jeff NuckolsCustody? Or Shared Responsibility?

By: Jeffrey R. Nuckols, Esq.

In an earlier post, I wrote about child custody and time sharing. Another subject that parents might discuss related to the concept of child custody is which parent will be responsible for a child’s care or which parent will have decision making authority for important facets of a child’s life like medical care decisions.