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Legal Separation in Florida

marital separation agreement florida the dewitt law firm

A common misconception is that parties can legally separate in Florida prior to filing for divorce. While there is no such thing as legal separation in Florida, a court can consider the date that the parties separated to divide assets or liabilities. For example, the parties may separate two years prior to filing for divorce and the wife may have contribute to her 401k during this time. A trial court may find that it is not equitable to award the husband any portion of the contributions that were acquired after the date of separation. While there is no such thing as...

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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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5 Tips to Getting Divorced in 2020

The beginning of the year is usually a busy time for divorce lawyers. Divorce filings typically begin to spike in January and continue through March when filings peak. As the post-holiday season concludes with a return back to reality, some couples reevaluate their future together. Many individuals utilize the new year as a time to reevaluate their options and educate themselves about divorce. If you are contemplating a divorce, it is important to consult with a divorce attorney to learn your options and decide the best way to proceed forward. If you decide to meet with a divorce attorney to...

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Surviving the Holidays After Divorce

Nothing disrupts holiday cheer quite like the fresh wound of a divorce. At first, most divorced couples find it difficult to adjust to the holidays. While you may or may not have your children on certain holidays in any given year, it is important to remember that holidays are about celebrating with family and friends and don’t have to occur on one specific day. Children usually won’t complain about celebrating a holiday twice, especially if it involves receiving gifts. While gifts are always nice, remember that gifts don’t need to be purchased to appreciate the holidays. With separation and divorce,...

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Is your marriage in the emergency room or the morgue?

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During divorce consultations, I often ask clients, “is your marriage in the emergency room or the morgue?” While this may seem like a peculiar question, the purpose is to ensure that as a potential client, you are committed to the divorce process. If you start the divorce process and decide to reconcile, it can be costly and can also have a long-lasting impact on your relationship. Divorce is a very personal decision and no attorney can decide whether you should or shouldn’t seek a divorce. If you are unsure about whether divorce is right for you, you should consult with...

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