Selling the Marital Home in the Marital Settlement Agreement
Oct 01, 2012
In todays economy parties to a divorce often agree to sell the marital home in their marital settlement agreements. Often the sale of the marital home takes considerable time following settlement to ac...
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What should I do if my ex won’t follow our agreement?
Oct 01, 2012
Unfortunately sometimes one spouse wont follow the agreement they entered into.This occurs for a variety of reasons, for example sometimes things have changed, sometimes they didnt like one portion of ...
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What happens if we don’t have enough scheduled time to finish a hearing?
May 15, 2012
When scheduling a hearing the attorneys attempt to estimate to the best of their ability the amount of time necessary for a given hearing.Sometimes, this estimate is inaccurate. Due process requires th...
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What will the Judge order with all of our personal property at trial?
Apr 20, 2012
Often one of the last things Courts want to deal with at trial is all of the personal property in the home. This is one of the areas of the divorce which parties should make a concerted effort to resol...
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How is the liability on our underwater marital home to be divided?
Apr 06, 2012
Florida law is well settled that absent a contractual agreement releasing the liability on the promissory note, parties are responsible for the debt even after the foreclosure process is complete.There...
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I don’t want to move, and I can’t afforrd the marital home alone, can I stay with my child(ren)?
Mar 15, 2012
Sometimes the Court will allow one party to stay in the marital home while the minor child(ren) finish high school or reach majority. It is important that the trial court set a specific enddate for the...
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The magistrate made a report and recommendation that I do not agree with, can I do anything?
Mar 07, 2012
Sometimes in Florida a case will be referred to a general magistrate for a hearing or trial.Often the rationale for this is to alleviate crowded Circuit Court dockets and for the parties to get a heari...
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During my marriage my spouse earned all of the money, how will I afford to pay for a divorce?
Mar 07, 2012
In Florida, attorneys fees for divorce cases can be paid by the more wealthy party on a need and ability to pay basis.The Court will consider the equitable distribution between the parties at the end o...
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Since separation my spouse took all the money from an account, can I do anything about it?
Feb 03, 2012
In a typical Florida divorce one of the major issues is equitable distribution. In Florida equity generally means a 50/50 split.Although the courts do not have to evenly divide the property, the court ...
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My spouse and I want to sell the marital home and split the proceeds to purchase new, separate homes
Jan 22, 2012
More than likely yes, however the language in the agreement will be very important.Floridas Constitution provides for significant protections to homestead property provided certain requirements are met...
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