Originally published on September 16, 2014. A dissolution of marriage action in Florida must be filed in the county where the Respondent resides or in the county where the marriage was last lived out. Just because one spouse may claim he or she was forced to flee the proper county due to spousal abuse, that…
If you already have a Court Ordered Parenting Plan in place and are the majority timesharing parent, you are NOT permitted to relocate more than 50 miles away without following the correct Florida legal procedure first! 1. You are required to file a Notice of Intent to Relocate and serve it on the other parent….
A black and white rule of Florida Law is that as the result of a divorce, each spouse is entitled to one half of any benefits which have accumulated during the marriage in any retirement, pension, or similar plan owed by the other spouse. Most often this division of assets is accomplished through a special…
While the normally automatic law in Florida is that, in the event of divorce, each spouse is entitled to half of the other spouse’s retirement or pension benefits which accumulated in such a plan during the years of marriage (your “marital share”), divorcing parties sometimes do not realize that even a pension or retirement plan…
TIP: During a divorce, if you agree to or are ordered by the Court to pay expenses associated with your marital home pending the sale of that home, make sure to request that you be reimbursed for those payments out of the sale profits from the home off the top, before that profit is shared…
The Court must take into consideration attorney’s fees incurred by the parties when determining equitable distribution in a divorce action. Do not forget to include your attorney’s fees as a marital debt when mediating your case or requesting relief from the Court. The Law Office of Summer R. Nichols is experienced in all issues related…
Section 61.075 (5), Florida Statutes (2016)states, in part: “If the court finds good cause that there should be an interim partial distribution during the pendency of a dissolution action, the court may enter an interim order that shall identify and value the marital and nonmarital assets and liabilities made the subject of the sworn motion,…
Under Florida law, you ARE entitled to even nonvested benefits, rights, and funds accrued during the marriage, from assets such as retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs. There is no argument against this just because such an asset has not vested at the time of divorce.
“Non-marital” assets are those which are not taken into consideration during a divorce. They are assets which belong solely to the spouse who owns them. Period. “Nonmarital” assets and debts include: 1.”ƒAssets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and…
As you are likely aware if you have a child, there is a credit which may be claimed when filing your income tax. For 2014 tax returns, the deduction from income was $3,950.00. Federal Law states, in part, that in the case of parents residing separately, the parent with whom the child lives for the…
