When entering into a representation agreement with your attorney in a dissolution of marriage case, you will find that generally, attorneys charge for their services based upon an hourly rate and require a retainer to cover a certain number of hours of work on your case. Generally, the attorney will also require payment of additional […]
Tag: Dissolution of Marriage Florida
Family Businesses In The Divorce
Many families derive all or a portion of their income from businesses that one or both spouses own, so often the business becomes an integral part of a divorce. The first question that must be tackled is whether or not to include the business as a party to the divorce. Sole proprietorships (unincorporated businesses) do […]
Downward Modification Of Alimony vs. Suspension Of Obligation To Pay
If you are paying permanent alimony to a former spouse, you should be aware of the grounds for seeking a court order reducing your obligation versus the suspension of your obligation. Generally, a payor of alimony is entitled to a reduction in alimony payments if there has been a substantial change in his or her […]
Is A 401(K) An Asset Or A Source Of Income?
Consider this scenario: ten years ago, when the parties were still employed and working, the court awarded to each of the parties one-half of the husband’s retirement account. The court also awarded permanent alimony to the wife. Now, ten years later, the former husband has retired and is taking distributions from his retirement account. In […]
Gifting The Home To Your Spouse
Let’s assume that, prior to the marriage, John solely owned a home with a mortgage that only he was liable for. After John married Nancy, he had a quitclaim deed prepared by an attorney, and signed over the house to himself and Nancy jointly. The mortgage remained unchanged. Ten years later, John seeks a divorce […]
Utilization Of A Parenting Plan Evaluator
At times, parents disagree over the schedule that is both suitable to the parties and in the best interests of the minor children. In these circumstances, some parents will enlist the assistance of a qualified evaluator to make expert recommendations regarding the “proper” parenting plan and timesharing schedule. While parenting plan evaluations are not mandatory […]