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Posts tagged "lawyer"

Hooker v. Hooker and Prenuptial Agreements in Florida

Prenuptial Agreements in Florida recently changed when the Florida Supreme Court affirmed the decision of a lower court that has attorneys baffled and scrambling to modify their standard pre-nuptial agreement language. In the case of Hooker v Hooker, the parties were married and prior to marrying they drafted and executed a pre-nup. Neither party says that the prenup was invalid for any reason - it was a good and proper pre-nup. It said that each would retain their own premarital property as non-marital assets including appreciation on those properties. There existed 2 properties purchased by the Husband. After a 23 year marriage while divorcing the Wife argued that both properties were marital because the Husband had intended them to be gift made to her as his Wife during the marriage. One of them the couple lived in together as a family in FL and it was deeded in Trust for the Husband. The other was titled in Husband's name alone and the family used it as a summer home in NY. The Husband paid for this home out of his separate money and upkeep of the property as well. The court found that despite titles and despite the pre-nup the family treated the properties as marital and therefore they were marital. The argument also included allegations that husband displayed the intent to gift the properties to the Wife druing the marriage.

Will you have to pay alimony when you get divorced?

Will I owe alimony? This is a question on the mind of many people who are considering making the decision to move forward with a divorce. Today, I had a call from a man who has been married for 20 years in a very unhappy marriage. Can he afford a divorce? That was his question. My answer was, the decision to get divorced or not, is not really a financial question.

Is mediation right for my divorce?

Many people recently are thinking mediation when they begin to think about getting divorced. I find this exciting; it means more and more people are thinking about moving on from their marriage without the destruction and drama of litigation. However, mediation is for a specific purpose and does not meet every divorcing couple's needs. If you're thinking about amicably ending your marriage the first thing to ask yourself is: Do my partner and I both agree to end our marriage amicably? If the answer is yes, then you have a new set of questions to ask:

Attorneys: I need an attorney but I'm not sure which kind!

There are several areas of law that have overlapping issues and various types of attorneys. As an example, if you and your significant other were to get into a physical altercation in front of your child, you would trigger several areas of law. It is very important to understand what kind of attorney you need so that you can find the right attorney for you.

Advice on Custody for Moms in Florida

How to get full Custody of their children is a topic of conversation I have multiple times each week with unmarried moms who want to know their rights. This article is intended to educate these moms. Before I get started, please note that the world of family law is VERY fact specific.  It is important that you contact a lawyer for advice. If you are in Broward County, or Miami Dade County, we would be happy to provide you a free consultation on these issues.

Dependency and Termination of Parental Rights

Sometimes parents in Dependency Court get served with a Petition for Termination of Parental Rights. In Florida, there are 12 statutory grounds upon which the Court might terminate parental rights if proven by clear and convincing evidence. See Fla. Stat., s. 39.806.

CPIS and DCF in Dependency

It can be INCREDIBLY frustrating and overwhelming to find the Department of Children and Families (DCF) along with the Broward Sheriff's Office's Child Protective Investigative Section (BSO's CPIS) investigating you and your family, and even questioning your children. Most times you may not even know what to do or if you need to answer their questions. These are the beginning steps of a dependency proceeding.

Family Law: Name Change for Child in Florida

I have had several clients attempting to change the names of their children. It is usually the mother calling, trying to change the child's last name from the father's last name to the mother's last name. There are some issues in this area of family law that should be kept in mind.

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