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Blog Posts in 2010

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Will My Child Be Able to Testify?

Several questions and issues are raised throughout the course of a Florida divorce. One common question most parties ask is whether their child or children will be able to testify or speak with the ...
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Can I Modify My Out of State Divorce Agreement in Florida?

Yes. In Florida, divorce cases can be recognized or enforced by eight different methods. The first of these methods is by Article IV, Section 1 of the United States Constitution, the "full faith ...
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Do I Need A Forensic Accountant?

Throughout the course of a Florida divorce each party will have to face different choices regarding the preparation of their case. Depending on the complexity of the issues in a particular divorce, ...
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My Ex Got a Raise, Can I Modify Alimony?

In Florida family law cases, awards of permanent periodic alimony may be modified. Alimony awards can be modified if there has been a substantial change in circumstances since the entry of the final ...
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What Happens if we Cannot Agree on a Timesharing Schedule?

One of the most litigious aspects of a Florida divorce is establishing the proper timesharing schedule between minor children and the parents. Often times, the parties in a divorce case are able to ...
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Does it Matter When I File for Divorce?

When a spouse decides that their marriage is irretrievably broken and decides to file for divorce, does it matter when they file their divorce papers? Is there any significance attached to that date? ...
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My Former Spouse Isn't Following the Terms of our Divorce Agreement

Unfortunately, many parties to a Florida divorce find themselves facing enforcement issues after they have reached a settlement agreement or after the court has issued a final judgment in their case. ...
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Ten Things to Consider Before Filing for Divorce: Part II

A recent Huffington Post Divorce article described ten things that people should consider before filing for divorce. The second thing mentioned was that it was important to know as much as possible ...
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Ten Things to Consider Before Filing for Divorce: Part I

A recent Huffington Post Divorce article listed ten things that people should consider before filing for divorce. The first item listed was to "Start with a good marriage counselor". I advise ...
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Will My Spouse Have to Pay for My Divorce?

One aspect of divorce that each party must analyze is the cost. A Florida divorce can vary in the expense and one can expect that a more contentious divorce will in turn cost more. Thus with extended ...
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What is the Harm if I Remain on the Mortgage After the Divorce?

Many Florida divorce cases are resolved through the execution of a marital settlement agreement, also known as an MSA. As part of the MSA, the parties establish the terms and conditions related to the ...
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Child Support: Support of Other Children

The rapper Lil' Wayne just had his fifth paternity case filed against him. If he is the father, it would be his fifth child with five different women. One family law question that arises out of this ...
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What is a Case Management Conference?

In many Florida divorce cases a party will have to attend a case management conference. A case management conference can be requested by the judge or it can be procedural and scheduled at the time a ...
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Is it Necessary to Prepare for Mediation?

Throughout the course of a Florida divorce it is almost certain that the parties will attend mediation. Mediation is often scheduled by the parties or is ordered by the court in an attempt for the ...
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Can I Get a Divorce if my Spouse Lives in Another State?

In order to obtain a divorce in the state of Florida one party must be a resident of the state for at least six months proceeding the date the Petition for Dissolution of Marriage is filed. Once one ...
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What Happens to Joint Credit Cards After My Divorce?

This topic was recently discussed by "The Credit Guy" in the Rapid City Journal. A woman who went through a divorce wrote in with a question about what to do now that a credit card company is now ...
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Child Support Changes

As discussed previously on our blogs here, there have been some legislative changes to the Florida family law statutes regarding child support guidelines beginning in October of 2010. One of the ...
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What About the Home I Owned Prior to Getting Married?

"Is it still mine after we divorce ?" This is a question that is raised often in Florida divorce cases. Until recently, there was no consensus from the Florida family law cases on what to do with the ...
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Do I Need an Attorney for a Domestic Violence Hearing?

In the event a Temporary Injunction for Protection Against Domestic Violence is granted, the court will schedule a return and final hearing which will typically take place within 15 days of the ...
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How Else Can I Get What I Am Owed?

Another way to collect on past due alimony or child support arrearages is for your attorney to issue a QDRO (qualified domestic relations order). Most people think a QDRO is only used to separate out ...
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Can I Set Aside my Marital Settlement Agreement?

Previously on this blog we have discussed the question of, "What is a Marital Settlement Agreement?" In a Florida divorce, a marital settlement agreement encompasses all of the terms and/or conditions ...
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Is My Divorce Confidential?

When going through a divorce, often very personal and intimate details about your finances and family affairs can be laid out in a public setting for all to witness. Many clients wonder whether these ...
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Divorce vs. Annulment

Hazel came rushing into my office for her initial family law consultation. "I want an annulment" she cried. "I have only been married for two years and my husband is having an affair." I told her ...
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Computer Hacking and Divorce

A majority of computer users are aware that there are computer hackers out there trying to break through your computer's security features and gain access to highly sensitive and personal information ...
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Will My Children Have to Testify in Court?

Often clients question whether their minor children will be forced to testify in family law court proceedings. During litigation over custody, there may come a time when one parent would like their ...
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