In a divorce situation, the parents should at all times conduct themselves and their activities in a way that will promote the welfare and best interests of the children. It is the public policy of Florida that each child has frequent and continuing contact with both parents after the parents separate or the marriage is dissolved.
Florida Statute §61.052(2) reads, in part, as follows: If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage Does this mean that any time one party files a petition and alleges that the marriage is irretrievably broken and that allegation is admitted, the petitioner can immediately proceed to dissolve the marriage?
Florida does not yet have legislation to make health insurance coverage possible where a change of marital status has occurred. Spouses whose medical insurance terminates upon divorce, pursuant to the terms of the policy, should be entitled to the same coverage without proof of insurability.
Hooker, 220 So. 3d 397 (Fla. 2017), the Florida Supreme Court upheld a trial court’s finding that a husband made interspousal gifts of two real properties, thus, causing the properties to be treated as marital assets for purposes of equitable distribution (even though title remained solely in the name of the husband and in spite of a valid premarital agreement providing that each party would retain his or her premarital assets and appreciation upon divorce).
20 Fla. Stat. §61.021 pertains to a Florida circuit court’s subject matter jurisdiction over a divorce action. It provides, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”
Age-appropriate Time Sharing for Divorced Parents. Vol. 81, No. 6 June 2007 Pg 84 Dr. Andrea Corn and Howard Raab Family Law. In 1991, with the creation of the Commission on Family Courts, Florida began a process of substantially changing the way in which the courts deal with family law-related matters.1 Over the years, in addition to streamlining the way related family law cases are handled, the concept of “therapeutic justice” has been woven into the fabric of the family court ...
Florida’s Supreme Court has held that post-dissolution contributions to a retirement plan are not subject to equitable distribution, 14 and the First District Court of Appeal has stated that benefits not accrued during a marriage are not subject to equitable distribution. 15 It is interesting to note that tax courts have found that an item “accrues” when all events occur which fix the amount and determine liability. 16 If an option for future performance is for events that have yet to ...
The Florida Supreme Court held that when a cotenant in possession seeks a 50 percent contribution for amounts expended in the preservation of the property, the credit claim may be set off by a out-of-possession cotenant by 50 percent of the fair rental value if the cotenant in possession holds the real property adversely against the out-of ...
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4) The unity of marriage is destroyed through divorce, resulting in the parties becoming tenants in common. In re Lyons Estate, 90 So. 2d 39, 41 (Fla. 1955). Application to Personal Property—As discussed above, the unities of a TBE are the same regardless of whether the estate is held in real or personal property. However, the courts, in determining whether such an estate has been created in real or personal property, have developed different rules.