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Modifying or enforcing orders for child support or alimony

When a Florida judge enters an order terminating a marriage and establishing financial requirements of each party, many couples who have endured the process believe that the worst is behind them. Unfortunately, the future can be unpredictable, and people's needs and situations change.

Awarding setoffs or credits upon the sale of the marital home

For most divorcing couples in central Florida, the family home is the couple's principal asset. If the couple has lived in the home for a significant period, the house has more than likely accumulated significant value. It may also represent the couple's single largest debt in the mortgage loan or other indebtedness secured by a real estate mortgage. The law requires that the couple divide their assets fairly and equitably, and this rule almost always requires the couple to sell their home and divide the resulting proceeds or indebtedness equally. Many divorcing Floridians do not realize that the sale of the marital home may generate significant credits or setoffs against the net equity in the home.

The legal basis for alimony in a Florida divorce

When residents of central Florida decide to end their marriages, one of their most urgent questions is whether the court will award alimony to themselves or the other party. A wife who obtains physical custody of the children wants to know whether her ex-husband will be ordered to pay her alimony, whereas the same ex-husband may worry that the court will order him to pay an excessive amount of alimony. The grounds for an award of alimony in a Florida divorce are not specific, but an understanding of the essential legal reasons for granting alimony should soften or eliminate most of these worries.

Alimony awards in Florida explained

Alimony is one of the top concerns likely on the minds of divorcing couples here. Alimony payments are payments one of the former spouses makes to the other following the divorce, which is why most divorcing couples will want to understand the ins-and-outs of how alimony is determined in our state.

Court's interpretation of prenup costs wife $1,500,000

Drafting a prenuptial agreement requires attention to the smallest linguistic details. The misuse of a word or phrase can distort the meaning in favor of one spouse or the other, and for couples with significant assets, the distortion can result in losses in excess of $1 million. The decision of Florida's Second District Court of Appeals ruled that the meaning of a prenuptial agreement was significantly affected by the use of the article, "a" instead of a more specific article, such as "that" or "said."

Understanding the advantages of an uncontested divorce

People who are facing the possibility of ending their marriages often worry about the emotional strain of the divorce process, especially if minor children are involved. One of the most certain methods of reducing this strain is to strive for an uncontested divorce. As the names imply, an uncontested divorce is one in which the divorcing parties have been able to negotiate a mutually satisfactory agreement on all issues, including alimony, property division, child custody and child support.

What basic facts must be proven to be granted a divorce?

When couples in Florida are planning a divorce, it is not uncommon for them to get caught up in the various issues that will be decided upon. That includes property division, child custody, alimony, child support and more. These factors can be contentious and complex. At the case's outset, it is still important to remember the basics. For a couple to be granted a divorce, the law says there are certain facts that must be proven, including that the marriage is irretrievably broken or one of the parties is suffering from mental incapacity, for example.

Dividing property in a divorce case in Florida

When couples who live in central Florida decide to end their marriages, one of their biggest concerns is the division of property. Many worry about being impoverished by an order that unfairly splits their assets and "gives everything" to the other person. An understanding of the basic mechanisms of property division in a divorce case in Florida can rebut this unrealistic assumption and help both parties make a sound judgment about whether to proceed with the divorce.

How mediation helps divorcing couples settle their disputes

Many couples in Central Florida who are considering ending their marriages worry about the emotional stress that will be inflicted upon themselves and their children. Also, many divorcing spouses view the other spouse as a bottomless pit of anger and vitriol who will use every disagreement as a weapon to inflict emotional pain. Florida courts have established a procedure which, if understood and used properly, can eliminate much of the anger, speed up the process and, most beneficially, reduce the cost of the proceeding.

Modifying an order for alimony after a divorce in Florida

Once a divorce is concluded, either by agreement of the parties or a court order, the parties often believe that the process is finished. Unfortunately, life can be uncertain, and the circumstances of one or both spouses can change in unforeseen ways after a divorce becomes final. The Florida legislature has established a procedure for modifying the terms of a marital termination agreement or order for divorce with respect to alimony if the party seeking change can meet the evidentiary requirements of the statute.

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Diaz Family Law Firm
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