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Will Infidelity Affect Alimony Awards in Florida?

florida alimony during adultery cases

There are many factors taken into account when determining if or how much alimony a spouse may be awarded in the event of a divorce; one of those factors is adultery. Whether you are a spouse who had an extramarital affair or the spouse who desires to collect alimony from a spouse who committed adultery, you will find the information below useful and enlightening. What do Florida Courts Consider in Determining Whether Alimony Will be Awarded? As mentioned above, several factors are taken into consideration by the court in determining if either spouse may be awarded alimony. Adultery is one of these...

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Grandparent Rights in Florida

grandparents rights in florida dewitt law firm

In most situations, Florida law does not provide grandparents any legally enforceable right to visit with their grandchildren. There are limited circumstances in which you may have the ability to establish and enforce visitation with your grandchildren and you should consult with a knowledgeable family law attorney to determine the best course of action to enforce those rights. What happens when your adult child gets divorced? While divorce most notably and immediately impacts the two adults dissolving their marriage, it can effectively mean the end of visitation with your grandchildren. When everyone is in agreement, and you are getting to see your...

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Understanding the Emotional and Financial Issues of Divorce

divorce attorneys in florida dewitt law firm

The average length of a first marriage upon divorce is just over eight years. During that time period, most couples borrow money, acquire assets, and have children. As a result, almost all first-time divorces involve financial and emotional issues. Unless the couple had a solid premarital agreement, these issues are often rather complex. An experienced Orlando divorce lawyer keeps certain overall principles in mind with regard to these emotional and financial issues. Overall, child custody decisions must be in the best interests of the children and the marital estate, including both assets and debts, must be divided equitably. Financial Issues in a...

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When does alimony terminate?

If alimony is ordered by the Court as part of a final judgment, it will terminate upon the death of either party or upon the remarriage of the party receiving alimony. Additionally, an alimony award may be modified or terminated in accordance with section 61.14, Florida Statutes, which provides that alimony may be reduced or terminated if the person receiving alimony is in a supportive relationship with the person he or she resides. Further, alimony may be modified if (1) there is a substantial change in circumstances; (2) the change was not contemplated at the time of final judgment of...

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Six Costly Mistakes in Timesharing Child Custody Cases in Florida

When going through a divorce, the timesharing schedule (commonly referred to as custody schedule), is often a disputed and contentious topic. While there is no presumption of 50/50 custody or timesharing, most judges in Central Florida start with the notion that they want each parent to spend as much time as possible -...

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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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