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Search results for: divorce in florida


Bifurcation of Dissolution of Marriage ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/bifucation-of-dissolution-of-marriage-actions-part-one/

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.

Protecting an Inheritance in the Event of Divorce – The ...

https://www.floridabar.org/the-florida-bar-journal/protecting-an-inheritance-in-the-event-of-divorce/

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).

Long-arm Jurisdiction in Support and Divorce Actions—The ...

https://www.floridabar.org/the-florida-bar-journal/long-arm-jurisdiction-in-support-and-divorce-actionsthe-unwary-beware/

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 ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/age-appropriate-time-sharing-for-divorced-parents/

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 ...

Valuing the Marital Home

https://www.floridabar.org/the-florida-bar-journal/valuing-the-marital-home/

5 Steven Scott Stephens, Florida Family Law §11:12 (2012 ed.). 6 In re Brown, 402 B.R. 19, 31 (Bankr. M.D. Fla. 2008) (debtor’s prepetition sale of business real estate in connection with divorce decree “was an arm’s length transaction for fair market value”); First Union National Bank of Florida v.

Stock Options in Divorce: Assets or Income?

https://www.floridabar.org/the-florida-bar-journal/stock-options-in-divorce-assets-or-income/

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 ...

Pro Bono & Legal Aid

https://www.floridabar.org/public/probono/

Pro Bono & Legal Aid. The Pro Bono/Legal Aid Directory from FloridaLawHelp.org is a guide to free legal information and legal services in Florida. The website contains legal educational materials, sample forms, and information about the courts, community resources and free and low-cost legal aid programs to help you with your legal problem.

Partitioning Real Property in ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/partitioning-real-property-in-dissolution-of-marriage-actions-and-suits-between-unmarried-cotenants-credits-setoffs-ouster-division-and-sale/

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 ...

Joint Ownership of Bank Accounts in Fla ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/joint-ownership-of-bank-accounts-in-fla-by-husband-and-wife-when-does-a-spouses-interest-in-accou/

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.

Pleading Requirements for a Claim for ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/pleading-requirements-for-a-claim-for-attorneys-fees/

The law regarding the pleading requirements for a claim for attorneys’ fees has evolved substantially in the past decade. Plaintiffs do not seem to have a problem with pleading a claim for fees. The problem area has involved claims by defendants. Under Fla. R. Civ. P. 1.170(a), addressing compulsory counterclaims, the defendant is required to counterclaim for “any claim” ...