To determine whether one’s prenuptial agreement is enforceable, we must look to Florida Statute § 61.079. First, and foremost, a prenuptial agreement must be in writing and signed by both parties and is enforceable without consideration other than the marriage itself. This simply means that, if the parties become married, nothing of value needs to be exchanged for entering in to the agreement. Exploring the agreement itself, a prenuptial agreement may cover various topics which includes, but is not limited to, the following: 1. The rights and obligations of each of the…continue reading →
When distributing martial assets, there is a presumption that such a distribution should be equal among the parties. However, there are times when an unequal distribution is warranted. Florida statute provides that circumstances where there is an intentional dissipation, waste, depletion, or destruction of marital assets after the filing of a divorce petition or within 2 years prior to the filing of a petition can lead to an unequal distribution. But, what does this actually encompass? This is very fact dependent. However, when a spouse uses marital assets for the furtherance of something…continue reading →
If the relationship is considered to be a supportive relationship, it can impact one’s alimony obligation. When we speak of supportive relationships, we are referring to situations where the alimony recipient is cohabitating with another person who he or she is not related to and such relationship provides economic support equivalent to a marriage. A supportive relationship does exist where the alimony recipient cohabitates with a person whom he or she is related to by blood or marriage. Further, there is no supportive relationship where it is a nonrelative and there is…continue reading →
Withholding or deserting support from a spouse has been made a felony of the third degree by Florida’s statute. However, the sheer act of physical separation without the element of withholding support will not constitute the offense. There must be an act of abandonment along with a refusal or neglect to maintain and provide for the spouse without just cause. One who has been found to have willfully failed in providing support which he or she has the ability to provide and who knows that he or she is legally obligated to support…continue reading →
Unfortunately, the answer to this is no. Your files are considered to be public records and will be made available. If a member of the public wishes to obtain your files, they can. However, there are instances in which certain information can be redacted. One has to file a notice of confidential information within a court filing form in order to do so. This requires the filer to identify, for the Clerk, any confidential information and state where in the document the information is located. Examples of what can be redacted includes, but is…continue reading →
Cheating is a common reason why many seek a divorce. But, does this matter in Florida? Florida is considered a no-fault state. Simply put, you do not have to prove that the other was at fault for the ending of the marriage. All that is needed is for one spouse to state that the marriage is irretrievably broken. However, courts will take into account cheating during equitable distribution and alimony. There is a presumption, in Florida, that marital assets and liabilities are to be divided equally. Though, when a spouse uses marital assets…continue reading →
In every divorce, marital assets must be identified and valued. The date of which marital assets are to be valued, to some, is one of the most important factors when distributing marital assets through equitable distribution. Marital assets may have appreciated or depreciated over the course of the marriage so it would not be wise to arbitrarily set one date for valuing all assets. Florida Statue § 61.075(7) addresses the issue as to when marital assets are to be valued. Section § 61.075(7) states in part: The date for determining the value of…continue reading →
Florida requires that one of the parties to the marriage must have resided in the state, for at least six months, before filing for divorce. Both parties have an equal right to establish residency even when they are living apart from one another. A wife’s residence does not follow that of her husband and must be determined based on the facts of each case. Compliance with this requirement must be proved in every case. Without such a showing, a court has no power to grant a divorce. Residency means actual presence within the…continue reading →
First, we must determine that you meet the requirements for an annulment. The purpose of an annulment is to declare that, because of some disability or defect that existed at the time of the marriage ceremony, a valid marriage never took place or a valid marriage relation never existed between the parties. This differs from a divorce, in that, a divorce dissolves a valid marriage that is admitted to exist. In Florida, a marriage may be annulled for any cause that has prevented the parties from contracting a valid marriage. A marriage that…continue reading →
You have recently received a final judgment against you and are not satisfied with the outcome. How do you challenge the final judgment and get the judgment overturned? This is a complex area. However, there are several options afforded to you. The following are some, but not all, of the ways in which one can challenge a final judgment: Appeal – You have the right to appeal the final judgment. However, doing so must be done within 30 days from the date the judgment was rendered. Going into an appeal, one must be…continue reading →
