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 Statute and Custody Statute as of July 1st 2023
As of July 1st 2023, Florida has a new alimony and Custody Statutes. 61.08 and 61.13, see below.
Florida Alimony Reform Bill Passes Both Houses
A new bill that will reform alimony in the state of Florida has just passed both houses and will be sent to the governor.
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 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. …
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 …
August 2015 – Homestead Exemption and Same Sex Marriage
As of January 6, 2015, Florida began recognizing same-sex marriages performed in other jurisdictions and issuing marriage licenses for same-sex marriages to be performed in Florida. This new legal status for married same-sex couples allows for ownership of real property by the married couple as Tenants By The Entireties. THE BENEFITS: TENANTS BY THE ENTIRETY (TBTE): This applies only to …
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