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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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Domestic Violence Injunctions During COVID-19

While many courthouse functions have been limited or restricted during the COVID-19 pandemic, the courts are still operating to handle domestic violence injunctions. In the unfortunate event that you become the victim of domestic violence or are in imminent danger of becoming the victim of domestic violence, you are still able to go to the courthouse to apply for an injunction for protection against domestic violence. When entering the courthouse, you should let the security officers know that you are there for a domestic violence injunction and they will direct you to the proper room to complete the paperwork. The New...

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Orange County Florida Issues Timesharing Order for COVID-19 Shelter-in-Place

As you may be aware, Orange County Mayor Jerry Demings issued an order requiring residence to stay at home beginning Thursday night. The order allows travel for essential business, including trips to work, the grocery store, or pharmacy. Additionally, residents are allowed to exercise outside, but are discouraged from doing so in groups. However, the order does not provide any guidance as to whether parents are allowed to exchange their children pursuant to a parenting plan or timesharing schedule. In response to the recent order from the Mayor, Chief Judge Don Myers, issued an Amended Emergency Order for all Domestic cases...

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Custody and Timesharing Procedures during COVID-19 (Coronavirus)

family law attorney orlando florida

During the COVID-19 pandemic, we have received a lot of inquiries as to what parties should do to keep themselves and their children safe during these uncertain times. However, if you have a parenting plan where you share custody with another parent, this can often become more complicated. There is no rule book for something like this as this matter is unprecedented. However, the American Academy of Matrimonial Lawyers (AAML) created guidelines for parents who are divorced or separated and sharing custody during the COVID-19 pandemic. You can read their full publication here. In short, the AAML encourages parents to act...

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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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