06 May

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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...

13 January

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The Basics of Property Division In Florida Divorce Cases

Posted by Moe DeWitt

in Divorce, Florida Law

Equitable distribution during florida divorces

One of the biggest points of contention when a couple divorces is the division of property or marital assets. Every state has its own laws governing how property will be distributed or divided in the event of a divorce, including Florida. In our state, when a married couple makes the decision to divorce the division of property is based on a system referred to as "equitable distribution." Equitable distribution is based on the idea that both property and debts should be divided in a way that is fair to both spouses according to the circumstances. However, it is important to note...

10 October

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Reaffirming Your Life Insurance Beneficiaries After Divorce

Posted by DeWitt Law Firm, P.A.

in Divorce, Estate Planning, Florida Law

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BEWARE: YOU MAY NOT REALLY BE THE BENEFICIARY OF YOUR EX’S LIFE INSURANCE POLICY Effective July 1, 2012, you are not considered the beneficiary of your ex spouse’s life insurance policy even if you are named as the beneficiary, UNLESS your ex spouse reaffirms you as the beneficiary after the divorce decree has been entered. This change in the law is extremely critical since it is to be applied retroactively. So, if you are divorced and your divorce decree provides that you are to be the beneficiary of a life insurance policy to secure child support or spousal support payments, you MUST...

15 April

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Legal Separation in Florida

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law, Florida Law

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...

08 April

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Domestic Violence Injunctions During COVID-19

Posted by DeWitt Law Firm, P.A.

in Family Law, Florida Law

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...

26 March

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

Posted by DeWitt Law Firm, P.A.

in Family Law, Florida Law

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...