The following is a charging lien case. The trial court granted a charging lien to be applied to the Husband’s homesteaded property. The appellate court reversed the application of the charging lien to homestead property, citing a prior case that had ruled a waiver of homestead is ineffective in an unsecured debt transaction. The lien […]
Tag: Blawg
Brewer v. Chastain
In the attached case we are reminded once again that “repeat violence” has a specific statutory meaning, and that Petitions that do not properly allege repeat violence as the statute defines it will not be granted. Read More: Brewer-v-Chastain
Pashtenko v. Pashtenko
In the following appeal involving a Petition for Injunction for Protection Against Stalking, the trial court’s summary denial of the Petition is reversed because the Petition alleged sufficient grounds to grant the petition. The trial court’s cited grounds for denial were inapplicable to this type of injunction. The Injunction should not have been summarily denied. […]
Holiday Gift Giving
The holiday season is upon us. If you are in the middle of a divorce or paternity case, you are likely feeling pressure to make the holidays extra special. You may be tempted to overspend on gifts for your children in order to make up for the confusion they are feeling or for “breaking up” […]
What Is The Significance Of Filing A Petition For Dissolution Of Marriage As It Relates To Assets And Liabilities?
According to FS 61.075(7), the cut-off date for determining marital assets and liabilities is the date of filing, unless there is a written agreement otherwise. So, if you are concerned that your spouse may acquire debt for which you will become liable, filing the petition will establish the date where that cannot happen. All assets […]
Does Title Matter?
When fashioning an equitable distribution plan, does it matter that assets are titled solely to one spouse or the other? The answer is: Yes and no. Think of the assets and liabilities of a marriage collectively as a pie. From the standpoint of determining what goes into the pie filling, legal title is irrelevant. Everything […]
Corporations In Divorce
These days it is not unusual for a married couple to have one or more businesses that are incorporated as Corporations or Limited Liability Companies (LLC). When divorce comes up, a question should be asked “should the corporation be made a party?” If a spouse wants to have property that is owned by a corporation […]
Moral Fitness Of Parents
Florida Statute 61.13(3) sets forth 20 factors that the Court must use when determining a parenting plan and parental responsibility. One factor is F.S. 61.13(3)(f): the “moral fitness” of the parents. Different families will have different views of what is proper moral behavior and what is not. So, how does the Court determine when the […]
Timesharing Factors
Florida courts no longer use the term “custody” with regards to children. Instead, the Court fashions “timesharing plans” that consider specific factors that are in the best interests of the child(ren). One factor that can be difficult, especially if you are involved in a difficult divorce or paternity case, is the first factor the courts […]
Modification Of An Existing Parenting Plan
There are two ways to modify an existing parenting plan. The first is by the agreement of the parties. The second is through the court. In order to modify an existing parenting plan through the court, the parent requesting the change must do three things. They must prove that the change is requested due to […]