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Divorce Law News

Home > Divorce Law News

Moving On With Life After a Divorce

Very few people who have weathered a divorce, or dissolution of marriage as it is now termed, would say it was easy to move on after the final judgment is handed down. Of course, a lot depends of how many years the couple have been married, if there are children to consider, if there will be a drastic change in lifestyle, whether there is someone waiting “in the wings” to love and cherish, to name a few. However, no matter what the circumstances, a person must move on or the rest of life will be filled with heartache and little...

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Imputation of income

One of the most important and most difficult aspects of determining the final outcome of a dissolution of marriage (divorce) in the State of Florida is deciding on the income allotted to each spouse. This amount, will of course, determine how much spousal support (alimony) will be paid/received and, if minor children are involved, how much child support will be paid/received. Both parties are subject to the scrutiny of the legal guidelines for determining income found in Florida Family Law Statute 61.30 and include imputed income when either party is self-employed as well as imputed income when either party can...

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What is Voluntary Underemployment?

In plain English, voluntary underemployment is when an individual chooses to not work for pay or to work at a job that does not reflect that person’s skills, abilities, or education. But why would this make a difference in a Family Law case involving child support or alimony? As long as a person is managing on the income available to them, what difference does it make? In the state of Florida, for example, it does make a difference, which is spelled out in Florida Statute 61 covering dissolution of marriage (divorce), child support, and parental timesharing (custody). By looking at...

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What is a Forensic Accountant’s Role in a Divorce?

Most frequently a forensic accountant’s role in a divorce (now termed dissolution of marriage) is in the courtroom as an expert witness. As an expert witness the forensic account is allowed to testify in his/her area of expertise even though never having, been witness to any occurrence relating to the lawsuit. The areas of expertise of a forensic accountant include accounting, auditing, and investigative skills involving monetary considerations and concerns. And, when it comes to a divorce, there are a number of monetary considerations and concerns where the expertise of a forensic account can often prove or disprove an issue...

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How is Debt Handled in a Florida Divorce?

Debt, is money or services owed to a company, bank, individual, or other organization, usually secured by a signed agreement or contract outlining the terms of repayment both in time and money. Most people have, at one time or another incurred debt and sometimes, as is common in a marriage, incurred debt together, or jointly as it is referred to. When a marriage is going well, debt, though sometimes in contention, is worked out between the two parties. However, when a divorce appears to be eminent, debt will suddenly become a very important issue. While much attention will be focused...

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How to Prepare Financially For a Divorce

Whether your marriage has finally wound down to where both parties realize a divorce is what they both deem necessary or whether your spouse suddenly tells you there is to be a divorce, it is vitally important you begin to think about and plan for the inevitable financial changes the future may bring. Emotions will no doubt be running high, especially if you have not suspected divorce was coming, but to salvage as much as possible for your post divorce life you must immediately begin to plan for the divorce. And, finances will play a huge role in how you...

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True or False, What Do You Know About Prenuptial Agreements in Florida?

Here’s 10 questions and answers to test your knowledge of prenuptial agreements, you might be surprised! There are many uncertainties about prenuptial agreements. Which ones are true and which ones are false? Take our true or false quiz below to find out more. [vc_accordion][vc_accordion_tab title="1. Any couple can seek a prenuptial agreement • True or False?" open="false"][vc_column_text pl="0" pr="0" pt="0" pb="0"] True • Any couple can have a prenuptial agreement. The key word here is “couple”. Both parties must want (without coercion), sign and have witnessed, and notarized the completed agreement for the prenuptial agreement to be legally binding. [/vc_column_text][/vc_accordion_tab][vc_accordion_tab title="2. You have to be rich to hire...

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All About Relocation With a Minor Child – Contested (Part 2)

What to do when a petition to relocate is contested?  As detailed in Part 1 of All About Relocation With a Minor Child Uncontested, the state of Florida has mandated that no person who is part of a parenting plan (custody) or has timesharing with or access to a child (visitation) as determined in the final judgment of the parent’s dissolution of marriage (divorce) can relocate themselves, with or without the minor child, further than 50 miles from their legal primary residence at the date of final judgment for more that 60 consecutive days. And, there are just three ways a...

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What Happens to Retirement Assets in a Divorce Settlement?

We so often think of divorce, or dissolution of marriage as it is now termed, as usually happening to couples in their twenties and thirties. So why, then, would there be much concern with retirement assets as there would likely be little to consider unless the couple was wealthy? In truth, however, a phenomenon termed Gray Divorce, that is divorce involving couples over the age of 50, is occurring in the US at an alarming rate. According to sociologists at Bowling Green, Ohio, State University who did an in depth study of Gray Divorce, the rates for older couples divorcing...

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Considering a Divorce in Florida, What Can You Do?

Here’s where you can start and what comes next. First and foremost you and your spouse need to try all avenues, including counseling, to try to reconcile and keep your marriage intact. However, when you have definitely decided to seek a dissolution of marriage (this is the legal term now used for the word “divorce”), what comes next? This blog will focus on Florida, remembering each state has different guidelines and laws regarding divorce. In Florida it is possible to go to the courthouse and pay for, fill out, and file your own paperwork to begin the legal process for dissolution of...

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