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Recent Blog Posts

MomTeenDaughter

Co-Parenting Should Not Be a Scheduling Nightmare

By Schwartz | White |

When your children are babies, old people knowingly tell you that things get easier as your children get older.  Then they immediately revise their statements when they remember that raising teenagers is a herculean task, but at least when your children are in elementary school, you get to enjoy the calm before the storm. … Read More »

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Coparents_Happy

Can the Divorce Court Enter a Default Judgment Even If You Have Children?

By Schwartz | White |

Most divorce cases do not involve the court ruling for one party and against the other.  In fact, in most cases, the parties reach an agreement about property division and parenting time during mediation.  When the case goes to trial and the judge must issue a decision about the points on which the parties… Read More »

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Prenup5

Can a Prenuptial Agreement Trap You in a Bad Marriage?

By Schwartz | White |

Conventional wisdom says that pessimists think that prenuptial agreements cause divorce, optimists think that prenups help couples resolve their differences and stay married, and realists believe that divorce is inevitable for some couples and that prenups make the divorce process simpler.  People sign prenups for a variety of reasons, including wanting to keep their… Read More »

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Divorce15

You’re Never Legally Married Without a Marriage License

By Schwartz | White |

Marriage is more than just a piece of paper, except in the eyes of the law.  Unmarried domestic partners have some legal protections, but certain rights are reserved only for lawfully wedded spouses.  The only circumstance where the court automatically assumes that you are your child’s father is if you are legally married to… Read More »

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DivorceHeartMoney

Are Stocks Marital Property?

By Schwartz | White |

You might not be the best looking guy around.  You have never played in a band, and you don’t have an Instagram account documenting your travel adventures.  Instead of spending the money you earned when you were in your 20s on memorable experiences or your image, you invested it in the stock market.  Eventually… Read More »

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FatherDaughter6

How Difficult Is It to Get Your Unsupervised Parenting Time Back?

By Schwartz | White |

Florida courts have long held that it is in the best interests of children to spend ample time with both parents.  Therefore, every parent who does not live with the other parent of his or her children has the right to a court-ordered parenting plan that guarantees that the children will spend certain days… Read More »

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Divorce17

What the Rest of Us Can Learn From Messy Celebrity Divorces

By Schwartz | White |

The tabloid press makes it sound like, not only are celebrities effortlessly more beautiful and successful than you are, but they can also divorce their impossibly perfect spouses without breaking a sweat or losing their tempers.  Remember Gwyneth Paltrow and Chris Martin’s “conscious uncoupling?”  Remember when the court dissolved Gisele Bundchen and Tom Brady’s… Read More »

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Spying

Spying on Your Spouse During Divorce Is a Terrible Idea

By Schwartz | White |

Two wrongs don’t make a right.  If your spouse has betrayed your trust by lying to you, having extramarital affairs, or misusing money that was supposed to benefit your family, you will not make things better by going through his phone or computer or otherwise resorting to sneaky means to collect evidence of his… Read More »

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Div_Prop

Are Insurance Payouts a Marital or Nonmarital Asset?

By Schwartz | White |

One of the most difficult hurdles to clear early in the divorce process is that almost all the assets you acquired during your marriage are marital property.  In your marital settlement agreement, you can decide that you keep certain assets and your spouse keeps others, but if that would leave one spouse financially dependent… Read More »

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CSupport14

What Happens to Your Child Support Obligations If You Have to Retire Early Because of a Disability?

By Schwartz | White |

The only thing worse than hearing the amount of child support you must pay each month is knowing that you must keep paying it until your child turns 19 or graduates from high school, whichever happens first.  If you have more than one child, the amount will get lower as each child reaches adulthood,… Read More »

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