In many divorce actions, the most contentious issue is how property and assets should be divided. Pursuant to Florida law, the courts generally aim to divide marital property in a fair manner, which in some instances means that they may deem it appropriate to award one party a set-off for an asset or source of income. The courts can only do so if the party awarded the set-off requests it in a pleading, however, as it is considered an affirmative defense. If the courts grant a set-off absent the assertion of it in a pleading, it likely constitutes grounds for appealing the final judgment of div ..read more

When people with children decide to end their marriage, one of their foremost concerns is usually how the divorce will impact their children and their parental rights. As such, they will often take great care when creating a parenting plan. The courts will generally incorporate parenting plans into divorce decrees as long as they are in the best interest of the children involved. While the courts can strike parenting plans, they cannot do so without following the proper procedure, as shown in a recent Florida opinion issued in a divorce action. If you have questions about your rights with rega ..read more

Florida law permits the courts to award parties alimony in divorce actions. The duration of alimony granted depends on numerous factors. The amount granted, generally, depends on the need of the party seeking alimony and the ability of the person from whom alimony is sought to pay. As discussed in a recent Florida opinion, this requires an analysis of the parties’ net, not gross income.  If you have questions about how a divorce may impact you financially, including whether you may be eligible for alimony, it is smart to talk to a skilled Miami divorce attorney. Facts and Procedure of the ..read more

Florida law allows courts to order parties to pay alimony in divorce actions. Generally, the courts will take multiple things into consideration when determining what constitutes an appropriate alimony award. As such, as explained in a recent Florida opinion, a party that wishes to modify an alimony order usually must demonstrate that there has been a significant change since the order was issued in order to show the modification was warranted. If you need help with an alimony dispute, it is in your best interest to consult a Miami divorce attorney to evaluate your options. History of the Case ..read more

Divorce actions are often contentious, and it is not uncommon for a Florida court to issue an order in a divorce proceeding that prevents a party from taking intentional or inadvertent actions that harm the other party’s interests. If a person fails to comply with the terms of such order, they may be held in contempt of court. As discussed in a recent Florida divorce case, overturning a contempt finding can be challenging. If you want to obtain a divorce, it is wise to confer with a Miami divorce lawyer to evaluate your options. Procedural and Factual Setting It is reported that the husband an ..read more

Many people involved in divorce proceedings in Florida cannot resolve their disputed issues without a trial. Once the trial is held and the court makes its determinations, it will issue a final order of dissolution. Parties can appeal such orders, but they must follow the procedural rules and guidelines. Otherwise, their appeals may be rejected. This was demonstrated in a recent Florida opinion in which the court denied an appeal of a final judgment of divorce due to the husband’s failure to file a copy of the trial court’s transcript. If you want to obtain a divorce, it is wise to confer with ..read more

In Florida, marital assets are subject to divorce actions, while non-marital assets remain the property of the spouse that owns it. Assets that become comingled, where marital and non-marital funds intermingle, can present challenges during equitable distribution. The court may need to discern the separate contributions of each spouse to determine the appropriate distribution. This was illustrated in a recent Florida divorce action, in which the husband argued that the home he bought before getting married was not a marital asset. The court ultimately disagreed that the wife had no claim to th ..read more

It is not uncommon in Florida divorce actions for one party to agree to pay the other alimony. Such payments may be conditional, however. For example, a support agreement may stipulate that if the party receiving alimony enters into a supportive relationship, there may be grounds for terminating alimony. The court must conduct a certain analysis, however, to determine whether a party is in a supportive relationship, as explained in a recent Florida divorce ruling. If you want to end your marriage, it is in your best interest to talk to a Miami divorce attorney about how the decision may impact ..read more

In Florida divorce actions, what constitutes marital property, and how such assets should be divided is often one of the most contested issues. Generally, separate property remains separate unless the spouse that owns the property comingles assets or otherwise takes action to commute it into marital property. As discussed in a recent Florida divorce action, absent such conduct, separate property will usually remain separate. If you need assistance protecting your rights in a divorce action, it is wise to meet with a Miami divorce attorney promptly. History of the Case It is reported that the h ..read more

In Florida family law actions, as in other proceedings, parties have the right to appeal orders they believe were issued improperly. Such right is not absolute, however, as there are certain prerequisites to filing an appeal, including the requirement that the relief sought must be attainable. This was illustrated in a recent Florida divorce action in which the court found that the husband’s petition for certiorari review was inappropriate. If you are contemplating ending your marriage, it is smart to talk to a Miami divorce attorney about your rights. Procedural and Factual Setting It is repo ..read more