Divorce is one of the most emotionally roiling experiences anyone can encounter in life. As a Florida divorce lawyer, I've witnessed my share of mistakes individuals make during the divorce process. Often, they are made emotionally and are entirely avoidable. Such mistakes may provide a temporary "feel good" moment but will prove costly when it comes time to explain the decision to a judge. Let's take a look at a few of the most common and costly divorce mistakes. 1)Withholding funds to … [Read more...]
Do It Yourself Divorce a Bad Idea and Potentially a Costly One
An old adage goes, "Someone who represents himself has a fool for a client." While this is often attributed to Abraham Lincoln, the saying is probably pre-dates Lincoln. Whoever coined the phrase made an important statement, especially in matters of divorce. Do it yourself divorces (DIY) can be very expensive especially if there are assets such as retirement accounts that need to be divided between the parties. Reuters relates one particularly harrowing tale. "How much could a … [Read more...]
Trump Tax Plan Could Affect Divorces
One of the few if only benefits to paying alimony is that it is been tax deductible. That is, until now. If Trump's tax overhaul plan, a.k.a. The Tax Cuts and Jobs Act, is signed into law, the tax deduction that those who pay alimony would be eliminated. "Alimony payers won't be able to afford to give as much because they'll have to give it to Uncle Sam instead," said Nancy Hetrick, a certified divorce financial analyst and senior advisor at Better Money Decisions in Phoenix, Arizona. "There … [Read more...]
If Adultery is a Crime in Florida, Why Doesn’t It Impact My Divorce Case?
Adultery is a misdemeanor in Florida. According to statute 798.01, it's a second-degree misdemeanor to be Living in Open Adultery: Living in open adultery.—Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section. Having said that, … [Read more...]
Prenuptial and Postnuptial Agreements-Be Careful Out There!
Many people think that a prenuptial agreement and a postnuptial arrangement are of equal value. As long as you have one of them signed, you're covered if disaster strikes your marriage. Unfortunately, that's just not true. A prenuptial agreement is the best possible agreement, for the courts prefer a statement of who came into the union with what that is drawn up before the union, not after the fact. Certainly, a postnuptial agreement is better than no agreement at all, but many clients are … [Read more...]
