Category Archives: divorce
What to expect at the final hearing
Once all discovery has been completed, the case is ready to be set for final hearing. Generally, the court will schedule what is known as a “pretrial conference” first. At this conference, you will reveal to the court what the issues are, provide a list of your witnesses and a list of your exhibits,… Read More »
What happens after you file for a domestic violence injunction?
A temporary injunction is only valid for up to 15 days. A hearing will be set within that time period in order to give the other spouse the opportunity to present evidence and testimony that the injunction is not appropriate. A permanent injunction may be entered after that hearing, or it may be dissolved…. Read More »
Factors considered when a judge sets alimony
Once the court has determined there is a need for alimony by the recipient and ability to pay said alimony, the court then should consider the factors as laid out as follows: The standard of living established during the marriage. The duration of the marriage. The age and the physical and emotional condition of… Read More »
The types of alimony that a judge can award
There are four different types of periodic alimony that are available for the trial court to award: Bridge the gap alimony: Bridge the gap alimony is limited to fewer than two years and terminates upon the death of either party or upon the remarriage of the party receiving alimony. Such alimony may not be… Read More »
How the length of your marriage affects alimony
Alimony equals the playing field between a spouse who makes a lot of money and one who doesn’t. The two main criteria for an award of alimony are the recipient spouse’s need and the paying spouse’s ability to pay. That’s a pretty vague standard, but it’s the current standard in Florida. Currently, Florida Statute… Read More »
What happens if the parties in a divorce cannot agree on the value of their assets?
Normally, the court is going to divide the marital assets and liabilities so the parties have an equal distribution of those marital assets and liabilities. Case law is very clear that if the court decides to make an unequal distribution of the assets and liabilities there has to be a compelling reason. Therefore, it… Read More »
What happens to your pension in a divorce?
Pensions are also subject to equitable distribution. The pension earned during the marriage is a marital asset and the pension earned prior to marriage would be considered a non-marital asset. Therefore, one generally needs to look at the value of the pension at or about the date of marriage to determine what is the… Read More »
How assets and liabilities are valued in a divorce?
How does the court determine how much the assets are worth? Or how much the liabilities cost? This is why valuation of assets and liabilities is an important issue in a divorce. There can be three valuation dates of marital assets and liabilities: – First is the date of separation of the parties. This is… Read More »
What happens to your home in a divorce?
Marital homes are usually one of the largest assets, and this is a problematic one since it is not a divisible asset like a pension or checking account. The court has the power to award one spouse exclusive use and possession of the marital home. This generally happens if the primary caretaker of the… Read More »
How are assets and liabilities divided in a divorce?
After a court identifies the characteristic of all assets and liabilities, the court must distribute those assets and liabilities fairly after considering the following factors: The contribution to the marriage by each spouse. The economic circumstances of the parties. The duration of the marriage. Any interruption of personal careers or educational opportunities of either… Read More »
