In the author’s opinion, the deposition is the most important fact gathering event in most family law cases. A deposition is a question and answer session conducted under oath with counsel asking questions of the other party or litigant. That means your deposition is the other attorney asking you questions, or the reverse. Typically present […]
Have you heard the term but not understand what it means? Many securities laws are created by the federal government (Washington) for the purpose of protecting investors. The Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) are the main enforcers of the nation’s securities laws. However, each individual state is permitted to, […]
The authority of a judge to award alimony in a Florida divorce action, and to modify any alimony award thereafter, is controlled by Florida Statute § 61.08 (the alimony statute) and its defining case law. For a number of years, there has been a consistent effort by the Florida legislature to modify the alimony statute […]
Alimony can be a very big and contentious issue in divorce cases. It is a financial award payable by one spouse to the other which is typically paid periodically, such as each month or each week. Alimony is designed to assist in the daily support of the recipient spouse. In very general terms, alimony is […]
“Equitable Distribution” is the general legal term given to the various rules and concepts which govern the division of a families’ “assets and liabilities” or “net worth” during a divorce. The equitable distribution analysis begins with the proposition that a families net worth should be equally divided between the divorcing spouses. However, this is only […]
Attorney fees in contested family law proceedings are almost universally charged on an hourly basis. Flat fees are usually reserved for uncontested cases where there are few or no disputed issues. Contingency fees are prohibited by the Florida Bar Association in all but very limited family law situations. Contact us at 813-443-5249.
Prenuptial Agreements, sometimes referred to as “Prenups” are employed for at least two distinct and separate purposes. First, they define what will occur should a marriage be dissolved. Secondly, they define what will occur should one marriage partner predecease the other while married. Some agreements incorporate one of these purposes and some both. A postnuptial […]
In a collaborative divorce both spouses and their attorneys must agree, in writing, to use their best efforts to negotiate a settlement of the divorce action. Both attorneys and both spouses have considerable incentive to successfully conclude acollaborative divorce in tampa negotiated settlement of your case. This is because part of the written agreement requires […]
In the vast majority of divorce actions spouses resolve their issues through agreements prior to engaging in contested litigation. In most cases it just makes sense to do so as opposed to having a stranger impose these decision upon you and your family. When there is little or no disagreement between both spouses early on […]