Author Archives: Jay Butchko
When Do Florida Courts Order an Unequal Division of Marital Property?
In Florida, marital property is equitably distributed between the divorcing parties. However, equitable does not mean equal, which is why family law courts may order an unequal division. All assets and debts that the parties acquire in the course of their marriage are considered “divisible” marital property. Any assets that cannot be classified as… Read More »
Pros and Cons of Mediation in a Florida Divorce
Nobody wants to endure the stress of a divorce, and one sure-fire way to minimize the stress is to avoid litigation. Luckily, there are alternatives to the long, exhausting, and costly court process. Mediation is one such alternative. An increasing number of couples in Florida opt for mediation, which allows you to decide on… Read More »
COVID-19 Update
Dear Friends, While we all grapple with the evolving COVID-19 developments, the health and well-being of our clients (current and potential), staff, family, and friends continue to be our top concern. We are taking precautions to minimize risk while remaining fully operational. The firm is monitoring updates by federal and local authorities. We continue… Read More »
Does Florida Law Treat Inheritance as a Marital or Non-Marital Asset?
When dividing property during a divorce, the question “Is an inheritance a marital asset in Florida?” may cross your mind. As you may know, any marital assets – the property that you and your spouse own together – will be split during the property division process. But what about inheritance? Whether an inheritance will… Read More »
Advantages and Disadvantages of Filing First for Divorce in Florida
If you are thinking about ending your marriage in Florida, you may be wondering whether you should be the first to initiate the divorce process. But are there any advantages or disadvantages of being the first to file divorce paperwork in Florida? Can you actually get the upper hand by filing the initial petition… Read More »
Yes, You Can Date While Separated in Florida, But Here’s the Catch
Unlike other states, Florida does not prohibit dating other people while your divorce is pending. However, from a legal perspective, doing so may not be the smartest decision. It is understandable, for someone who has been exclusive with his or her spouse or partner for years or decades, the temptation to jump back into… Read More »
What to Do When a Spouse Refuses to Move Out During a Divorce?
Who should move out, and when, is one of the toughest choices a married couple faces after agreeing that they need a divorce. For two adults who made it clear that they no longer want to be married, it can be difficult to live together under the same roof, even for one more day…. Read More »
What Divorcing Senior Citizens Over 50 and 65 Need to Know About Alimony
In the past three decades, the divorce rate for adults 50 and older in the U.S. has nearly doubled. For adults 65 and older, meanwhile, the divorce rate has tripled since the 1990s. Divorce among seniors is commonly referred to as gray divorce. While gray divorce has become a new trend across the United… Read More »
5 Tips for Those Who Have ‘Getting Divorced’ As Their New Year’s Resolution for 2020
As absurd as it may sound, but “getting divorced” is a New Year’s resolution for many unhappily married couples. Why shouldn’t divorce be a New Year’s resolution? After all, resolutions are all about improving your quality of life, just like getting in great shape, losing weight, quitting smoking, and finding a new job. In… Read More »
5 Tips to Overcome Hurdles in Your Florida Divorce Mediation
Divorce is often portrayed in movies and TV series as a fiercely contested legal battle where soon-to-be-former spouses are crying, yelling, and screaming (in many cases, all at once). However, divorce does not have to be that messy. While getting divorced is never easy, the reality is far different from what people are used… Read More »
