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Are student loans considered marital debt?

What kind of debts can be marital debts? Well some debts are martial debts even though you might not think that they are. For example, student loans accumulated during the course of the marriage -- they're marital debt. Even though only one party, one spouse may have signed for that debt, and only that spouse may benefit from that debt, it's still a marital debt because it's a debt that was accumulated during the course of the marriage. Read More about student loans and divorce...

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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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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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Foreclosure Fraud Continues: Dyck-O’Neal and Deficiency Judgments

Dyck-O’Neal seems to be up to the same tricks that the banks have been using for years; utilizing manufactured documents in an attempt to prove their case and comply with section 559.715, Florida Statute. Recently, I handled a Dyck-O’Neal case where Dyck-O’Neal basically killed their entire case for a deficiency judgment with their faulty legal documents. A careful review of these documents showed that the notice of assignment of debt required by section 559.715, Florida Statute occurred before Dyck-O’Neal was assigned the debt, making the notice invalid. In their Complaint, Dyck-O’Neal alleged that Bank of America assigned them the Judgment and Note...

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