Family Law BlogWe created this blog to share helpful tips and information with those who are in the preliminary stages of family law cases in Parkland and Coral Springs. Our attorneys understand that you want answers, and you want them now. While the contents of these blogs should not be taken as legal advice, hopefully they will give you some peace of mind until you hire a Coral Springs family law attorney. If you have any questions about these blogs, call Stuart N. House, P.A. at (954) 255-7400.
In Florida, divorcing parties may be awarded more than 50% of their home's equity in some instances. Whether a party living in Coral Springs is entitled to more than 50% of the home's equity — or any equity at all — is dependent on the factors set forth in Florida Statute 61.075(1)(a)-(j). Broward County courts begin with the premise that both parties in a divorce are entitled to an equal share of the marital assets. Often, but not always, the equity in the parties' house is the asset with the most value. Statute 61.075 provides for certain situations that may warrant an unequal distribution of assets. Some of the factors your divorce lawyer could argue to be considered include: (a) The contribution to the marriage by each party, including child care and home making. (b) How well each party is doing financially. (c) How long the parties have been married. (d) Whether either party had to change (or end) ...Read More
In Parkland, a woman who adopted her spouse's surname during marriage has the right to change it after divorce. The easiest way to have a surname restored is in connection with the dissolution of marriage action. The change of surname should be pleaded for by the client’s family law attorney in a Petition (or Counter-Petition) for Dissolution of Marriage. Assuming that no credible objection exists, the restoration of the client’s prior surname would be incorporated into the Final Judgment of Dissolution of Marriage. Copies of the Final Judgment with the name change clearly specified therein can then be provided to all entities requiring notification of the name change. These entities include the Social Security Administration, the Department of Motor Vehicles, and any banks where accounts are held.
As time goes by, the price and hassle goes upIf a client chooses to forego restoration of a prior surname during the divorce, the ... Read More
The temptation to conceal select facts during a trying divorce proceeding is very common, and that dishonesty can have a resounding impact on the outcome of your case. If you believe your spouse is attempting to lie to or cheat the courts, your family lawyer may suggest hiring a Coral Springs private investigator to help ensure that the judge's ruling will based on all the facts – not just a select few that your spouse chooses to disclose. An investigator works to uncover facts that can result in a more favorable outcome for the client's case. The decision to hire a private investigator should not be made lightly. Investigator fees and costs are substantial, and an investigation is no guarantee that suspicions of wrongdoing will be confirmed to the extent that they will be addressed in a court of law. Yet many spouses – especially those involved in high stakes ...
A motion is a written request to the court for a certain ruling, order or action. In divorce litigation, sometimes one party attempts to gain an advantage over the other party by filing frivolous or excessive motions. In this blog post, our divorce law attorneys discuss what makes a motion frivolous or excessive, and how such motions are dealt with Coral Springs & Parkland divorce courts.
Frivolous MotionsA motion may be considered frivolous in Florida if the court finds that the moving party and the moving party's attorney knew or should have known that the motion was not supported by the facts or existing law. If a court finds that the motion has no merit and that the moving party should have known that, the moving party may ultimately be required to pay sanctions and the other party's attorney's fees. For example, suppose that Spouse A's divorce attorney files a motion for ...
The State of Florida does not require parents to pay for a child's college education, nor does the federal government. Still, a parent who is getting a divorce and who is concerned about the payment of future college expenses for a minor child should be prepared to raise the issue of college expenses with a Coral Springs child support lawyer early on in the proceedings. Payment of college expenses can be negotiated through an attorney. A parental agreement regarding college expenses can be made part of a mediation agreement or marital settlement agreement, and thereafter ratified and made part of a Final Judgment of Dissolution of Marriage.