One thing I see from a lot of Men going through a divorce is that they get so caught up in the stress of it all, and they are so concerned with the big ticket items, that they tend to dismiss the importance of listing out personal property in an agreement. Even when reminding them […]
Category: Property Distribution
Modifying Final Judgments Part I:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. For some men the attitude is, “I just want this over. Let’s just settle. She can have what she wants right now, and we can talk about changing things […]
Realistic Custody Expectations in Florida Family Court
Often, potential clients enter an attorney’s office with high hopes and lofty goals. Many want their “day in court” and do not wish to settle for less than 100% of their original goal. The reality is that the Court is not in business to make you happy. The Family Court is a court of equity. […]
McGlynn vs. Tallman-McGlynn
In McGlynn vs. Tallman-McGlynn, we are reminded that if you include bonus income in your financial affidavit but want to argue that it should not be included in net income for alimony or child support, you should be prepared to present evidence supporting the claim that the bonus income is non-recurring. Also, the Former Husband […]
“So you’re going through a divorce and you’re ready to start cutting ties with everything…don’t change anything just yet.”
Often times at the outset of a divorce, men begin wondering what to do regarding their home, their bills, their insurance policies, etc. They want to begin cutting ties with their old life and begin establishing a new one. More often than not, the appropriate course of action during the pendency of your divorce is […]
Florida Senate Tracker Update – Alimony Legislation
The alimony saga in the Florida legislature has taken an unexpected twist. Until yesterday, two separate bills (HB 455 in the House, and SB 668 in the Senate) were moving toward votes in the full chambers. Yesterday, however, Senate Bill 668 was amended in its entirety to delete the alimony guidelines and instead establish a […]
Florida Alimony Bill Update
House Bill 455 is the current Alimony Bill under consideration. It passed the Civil Justice Subcommittee by a vote of 9-4, and then was passed to the Judiciary Committee. An amendment was added yesterday (not a substantive amendment). A vote will be upcoming in the Judiciary committee shortly (not yet scheduled), and if it passes […]
Kelley v. Kelley
Kelley v Kelley In Kelly v. Kelly, the 4th DCA reversed and remanded the final judgment on the issues of equitable distribution and alimony. As to ED, the trial court had stated its intention to make equal awards to the parties, but a mathematical error in the equalizing payment made the award significantly unequal. As […]
Lessons Learned in Divorce Litigation
To paraphrase Santayana: those who fail to learn the lessons of history are doomed to repeat it. Here are a few of the lessons I have learned in almost two and a half decades of divorce litigation: Wait too long to file for divorce/modification/enforcement. The date of filing a divorce has the important distinction of […]
Terry v. Terry
In Terry v. Terry, the appellate court remands the case to the trial court on three separate conceded issues related to equitable distribution. Terry v Terry