An interspousal gift is established by showing “ ‘(1) donative intent, (2) delivery or possession of the gift, and (3) surrender of dominion and control of the gift.’ “ Vigo v. Vigo, 15 So.3d 619, 622 (Fla. 3d DCA 2009) (quoting Mills v. Mills, 845 So.2d 230, 233 (Fla. 3d DCA 2003)). The burden is […]
Tag: Men’s Rights Attorney
Weaver v. Weaver
Weaver v. Weaver is an equitable distribution case. The trial court’s distribution was unequal, and granted the Wife partial interest in a non-marital asset of the Husband due to enhancement during the marriage because of the contribution of marital funds. This was error because there was no substantial, competent evidence supporting the enhancement of the […]
How To Employ Your Family Law Attorney Effectively In a Divorce Case
Going through a divorce is likely to be one of the most stressful times in your life. No matter how long you have been married, a divorce results in an upheaval of almost every aspect of your life. Because your attorney is your advocate and has been hired to fight to protect your rights during […]
Kemp v. Kemp
In Kemp v. Kemp, the trial court ordered an interim partial equitable distribution in the absence of a motion requesting such a distribution, and in the absence of any indication that such distribution could be revisited at a later date. This was error. The only thing requested was temporary attorney’s fees, which was denied. The […]
Sikora v. Sikora
In Sikora v. Sikora, several errors required reversal and remand: In the absence of special circumstances, permanent, periodic alimony in an amount that exceeds the former wife’s established need is error. The trial court erred by imputing income to the former wife from her retirement accounts where there was no evidence to support the imputation. […]
Before, During and After the Divorce
You’re getting a divorce. Divorce is often a long, emotional, stressful process. Many times, people are so focused on the divorce process that they forget about the parts of their life that will not be covered in the divorce proceedings. Matters such as health care directives and estate planning will likely not be fully addressed […]
Court Ordered Child Support Beyond Age 18: A Real Possibility In Many Cases
Many parents are of the belief that child support terminates immediately upon the minor child reaching age 18. However, the state of Florida does permit extensions of child support beyond the age of majority in certain circumstances. F.S. 743.07 provides: (1) The disability of nonage is hereby removed for all persons in this state who are […]
Modifiability Of Asset And Liability Distribution
Simply put, when a Final Judgment is entered which distributes the marital assets and liabilities to the now-former spouses, the trial court loses the ability (jurisdiction) to modify the distribution at some later date. There are a few exceptions to that general rule, but the exceptions would only apply in very narrow situations. Absent those […]
How Does The Florida Court Fashion A Time-Sharing Plan
How does the Florida Court fashion a time-sharing plan? If parents are unable or unwilling to agree to time-sharing plan in mediation, the Court will dictate how much time each parent spends with the children. The Court must consider the best interests of the child(ren) when determining the time-sharing schedule. The factors considered by the […]