Recent Posts in Assets Category
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Posted on May 2, 2013 By Kelly Tobaygo
The short answer to why you are going is because it is probably required; there are some counties around the Tampa Bay area (Hillsborough, for example) that require mediation before a divorce case can ...
Continue reading "Why am I going to mediation and what can I expect?" »
Posted on May 1, 2013 By Kelly Tobaygo
The first step in almost all divorce cases is an initial consultation with an attorney, or multiple attorneys. Most people arrive for a consultation with a list of questions they want answered or ...
Continue reading "What Can I Expect at My Initial Consultation?" »
Posted on Apr 30, 2013 By Kelly Tobaygo
If you have been researching divorce online, you have probably come across the terms “contested” and “uncontested”, but might not know the difference. Generally speaking, a ...
Continue reading "Contested vs. Uncontested Divorce" »
Posted on Apr 29, 2013 By Kelly Tobaygo
One of the most common questions clients ask their family law attorney is “How long will my case take?” The answer to this question, like most things in family law, is often difficult to ...
Continue reading "How Long Will My Case Take?" »
Posted on Apr 18, 2013 By Blair Chan
In a collaborative divorce, the divorcing spouses, their respective attorneys, and the other professionals involved all sign a participation agreement. The agreement outlines how the professionals ...
Continue reading "What is a Collaborative Divorce Participation Agreement?" »
Posted on Apr 17, 2013 By Blair Chan
A collaborative divorce is an alternative to a traditional litigated divorce. In a collaborative divorce, the decision making power is placed squarely in the hand of the divorcing parties. The focus ...
Continue reading "What is a collaborative divorce?" »
Posted on Apr 9, 2013 By Damien McKinney
It’s been my experience that clients often place great value in their travel points and are often reluctant to part with them. In Florida, these travel points (frequent flyer miles, hotel ...
Continue reading "Are frequent flyer miles consider a marital asset?" »
Posted on Mar 8, 2013 By Kelly Tobaygo
Recently, in an appealed family law case, the Second District Court of Appeal made a decision which required a former husband to pilot a private plane for his former wife. This sounds like it may be a ...
Continue reading "Must a Divorced Husband Pilot his Former Wife?" »
Posted on Mar 6, 2013 By Kelly Tobaygo
The ideal divorce situation for most people is one where everyone agrees on who gets what, everyone walks away happy, and the court case is over quickly. People who are going through a divorce and ...
Continue reading "Vague Agreements" »
Posted on Mar 4, 2013 By Kim Byrd
When your divorce becomes final, any provision in your last will and testament that affects your spouse becomes null and void as though your spouse died at the time of divorce. This has been a ...
Continue reading "Divorce and the Last Will and Testament" »
Posted on Feb 25, 2013 By Damien McKinney
A recent first district court of appeal case dealt with penalty provisions in marital settlement agreements. In Palmer v. Palmer, the parties agreed that the husband would have sole ownership of the ...
Continue reading "Are penalties for not refinancing a marital home valid?" »
Posted on Feb 18, 2013 By Kim Byrd
Consider the following facts. You have been married 18 years. Your wife is from New York, which is where you were married and where you have lived ever since. You have a son who is now 14. You moved ...
Continue reading "Jurisdiction, What is It and Do You Have It?" »
Posted on Feb 11, 2013 By Kim Byrd
Is there really such a thing as no cost divorce ? If you are willing to do some work on your own and qualify for a waiver of the filing fee, there is. Standard forms have been developed and approved ...
Continue reading "No Cost Divorce" »
Posted on Feb 8, 2013 By Kim Byrd
I have purchased several cars during my lifetime. The purchase usually involves about a month’s worth of Saturday afternoons spent looking at different makes and models and finding the ...
Continue reading "QDRO, the Dealer's Fee of Divorce" »
Posted on Jan 8, 2013 By Kelly Tobaygo
When most people think of a trial, they picture what they have seen on TV: a jury of their peers, and an attorney making passionate arguments trying to persuade this jury to vote in their favor. In ...
Continue reading "Jury Trials in Florida Family Law?" »
Posted on Nov 20, 2012 By Kim Byrd
I have a family member whose ex-husband recently passed away. At that time my family member learned that she was not the only beneficiary of the ex-husband’s life insurance policy as was ...
Continue reading "Life Insurance and Secondary Addressee" »
Posted on Sep 27, 2012 By Joanna Chapman
Since 1984, Mediation and Diversion Services in Hillsborough County offers a mediation service for parties navigating family law related issues. The program has evolved since 1984 and is now equipped ...
Continue reading "Mediation and Diversion Services" »
Posted on Sep 26, 2012 By Blair Chan
For many years the bankruptcy courts drew a distinction between support payments and property distribution (equitable distribution) payments in determining whether an obligation in a family law court ...
Continue reading "Property Distribution in Bankruptcy" »
Posted on Sep 25, 2012 By Ellen Ostman
I have recently blogged about how Florida is a no fault divorce state. Read part of this ruling from a Texas court in 1899 to see how things were different back then. Evidence in a suit for divorce ...
Continue reading "No Fault Divorce - Part Four" »
Posted on Sep 24, 2012 By Ellen Ostman
I posted last week about Florida being a no fault divorce state. Read the portion of the following case from California in 1897 to see how things have changed over the years. A finding that defendant ...
Continue reading "No Fault Divorce - Part Three" »
Posted on Sep 21, 2012 By Ellen Ostman
I recently blogged about Florida's position that divorces in this state are "no fault". Read the following snippet from a divorce case in Michigan from 1868 to see the contrast. Courts ...
Continue reading "No Fault Divorce - Part Two" »
Posted on Sep 20, 2012 By Ellen Ostman
“THE ONE CHARM OF THE PAST IS THAT IT IS THE PAST” – Oscar Wilde Some clients who come in for consultations are confused as to what a “No Fault” divorce is. ...
Continue reading "No Fault Divorce - Part One" »
Posted on Sep 19, 2012 By Kelly Tobaygo
There are many reasons why people might separate without getting a legal divorce, knowing that eventually the divorce is inevitable. What most people don’t contemplate, or might not even be ...
Continue reading "Separation Agreements" »
Posted on Sep 12, 2012 By Damien McKinney
A recent Second District Court of Appeals case dealt with the Former Wife’s use of the Former Husband’s turbo-prop experimental airplane. In McCord v. McCord, the parties entered in to a ...
Continue reading "Use of Husband's Private Airplane" »
Posted on Aug 24, 2012 By Joanna Chapman
The amount of personal information of a party that was traditionally placed in court pleadings in family law cases has recently been prohibited by Florida Rule of Judicial Administration 2.425. This ...
Continue reading "Minimization of Filing of Sensitive Information in Court Filings" »
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