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Is an inheritance a marital asset?

Often times the issue of inheritance comes up during a marriage. When is inheritance a martial assets and when is it not? The definition of a martial asset that we use is it's an asset that's accumulated during the marriage as a results of efforts expended during the marriage. So if you get an inheritance during the marriage, it's received during the marriage but it's not received or gained as a result of any efforts you or your spouse expended during the marriage. Therefore, it's not a marital asset. But guess what -- if you take that inheritance and you...

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How does contested divorce work in Florida?

Let's talk about how contested divorce works. If you want a divorce and you're not sure whether or not your spouse wants one and you're not able to agree ahead of time, then whoever wants the divorce is what we call the petitioner and they file a petition for dissolution of marriage. Often times, along with the petition we will prepare a financial affidavit and file it with the petition. The petition gets served on the other spouse. Once the spouse is served, they have twenty days to respond to the petition. Once the response is filed then everybody knows...

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Marital Assets and Marital Debt

In Florida, for the most part, all marital assets and marital debts are divided 50/50, no matter who's name the asset or the debt may be in. If you accumulated an asset during the course of the marriage, as a result of efforts expended during the marriage then that asset is in all likelihood going to be marital even if it's only in your name and you'll have to divide it 50/50 with your spouse. Similarly, with marital debts. If a debt was accumulated during the marriage, it doesn't matter whose name it is in, it is likely to be a...

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Student Loan Debt & Divorce – A Tough Pill to Swallow

In any divorce, dividing the marital assets and liabilities is often a surprisingly difficult task for the parties. Valuing assets and recalling whether assets or liabilities were incurred during the course of the marriage takes its toll on any divorcing couple. Student loan debt is often one of the more contentious topics when it comes to equitable distribution. Although one party may have benefited from the debt by obtaining a degree or taking courses, the benefit is not to be considered by the court when calculating equitable distribution. As a general proposition, student loan debt incurred during the marriage is...

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The Power of the Appeal: Appealing Temporary Relief Orders

I received a call from a panicked attorney who had just lost a hearing. Her client was upset and she didn’t know what to do. She called me. She was an attorney from Washington D.C. who decided to take a case in Orange County, Florida. Her client lived in Washington D.C. and his Wife filed for divorce in Orange County, Florida. Assuming that it would be a simple and straightforward divorce she agreed to take the case. The Wife filed a Motion for Temporary Relief requesting alimony and child support. The Washington D.C. attorney attended the hearing via phone and...

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