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Recent Blog Posts

CouplePhone

Social Media Prenuptial Agreements

By Schwartz | White |

With the rise of social media use, some spouses may want to ensure that their partners do not post unflattering content or content that could be financially or socially damaging on their social media sites. One way that people are using to handle this issue is the use of social media specific prenuptial agreements…. Read More »

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Tax5

Division Of Student Loan Debt In A Divorce

By Schwartz | White |

As a general rule, debts incurred during a marriage are treated just like assets acquired during the marriage and divided equitably between the spouses in a divorce. When it comes to student loan, it may surprise spouses who are going through a divorce to learn that they may both be responsible for paying the… Read More »

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Division

Estate Planning Trusts And Divorce

By Schwartz | White |

Trusts are used as an estate planning tool to pass on assets to heirs after a testator’s death. If a trust was created before its beneficiary was married, the distributions the beneficiary receives are likely to be classified as non-marital assets that cannot be divided as part of a divorce under Florida law. However,… Read More »

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Divorce8

Spousal Privilege During A Florida Divorce Case

By Schwartz | White |

Communication between spouses is encouraged as a matter of public policy. One way in which the law encourages spousal communication is through the spousal privilege. This privilege protects spouses by allowing them to refuse to disclose or stop the other spouse from disclosing information learned during a private conversation during the marriage. The spousal… Read More »

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Money2

Personal Injury Awards And Workers’ Compensation As Marital Property

By Schwartz | White |

Most funds that are paid or received by a spouse while still married are often considered marital property and subject to being divided in a Florida divorce through equitable distribution. There are exceptions to this general rule depending on the source of the funds, and whether there are other agreements in place, for example… Read More »

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MomDaughter

Parental Abandonment And Parental Rights

By Schwartz | White |

After a marriage or other romantic relationship fails between two people who have children together, it can sometimes mean that one of the parents leave the children as well as the spouse or partner. The parent who stays often carries on raising the child alone, and providing for the child as needed. This parent… Read More »

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CSupport5

Ex Parte Orders And Hearings

By Schwartz | White |

While both parties are generally required to appear in court for hearings to resolve issues in a Florida divorce, in some situations, the court can enter ex parte orders with only one party in court. Although the spouse who is not present when the court enters the order may think the ex parte hearing… Read More »

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Pets

Handling Ownership Of Pets As Part Of A Florida Divorce

By Schwartz | White |

Most pet owners consider their pets a part of their family, and in a divorce, the thought of losing a beloved pet can cause a lot of distress. Many divorcing spouses are not aware of the status of their pets under the law, and how they can continue to share the pet after the… Read More »

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Marriage3

What Happens to the Engagement Ring in a Divorce?

By Schwartz | White |

Most marriages begin with a proposal and an engagement ring. In some cases, the engagement rings are heirloom pieces passed on for generations. When the marriage breaks down, the spouse who proposed with the heirloom ring may wonder if he can have the ring returned as part of the divorce. Whether property is divided… Read More »

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HiddenAssets

Hiding Marital Assets In A Florida Divorce

By Schwartz | White |

As part of the equitable division of marital property that happens when a couple goes through a divorce in Florida, each spouse has to make a financial disclosure of all assets. Some people do not always want to cooperate with this disclosure or to share all their assets with their soon to be ex-spouse…. Read More »

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