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Dissolution

How Biased Does A Judge Have To Be Before You Can Disqualify Them?

By Schwartz | White |

If your divorce case is complicated enough that you have to go before a judge several times, you might leave each hearing feeling hopeful or discouraged based on whether you feel that the judge is on your side.  Of course, judges are not supposed to be on anyone’s side, but it is natural to… Read More »

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Alimony15

A Truly Equitable Distribution Of Marital Assets Can Make Permanent Alimony Unnecessary

By Schwartz | White |

People who divorce after 17 or more years of marriage have the right to request permanent alimony, which is paid every month until one of the former spouses dies or the recipient spouse remarries or receives ongoing financial support from a new romantic partner.  Not every long-term marriage that ends in divorce results in… Read More »

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DivorceCost

Bankruptcy Filings Make Messy Divorce Cases Even Messier

By Schwartz | White |

The Bill of Rights to the United States Constitution outlaws debtors’ prison and other similarly harsh punishments for not being able to repay debts.  In keeping with this principle, everyone who is struggling with debt has the right to file for chapter 7 or chapter 13 bankruptcy protection.  Recently divorced people account for a… Read More »

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Divorce_House

The Court Might Let You Stay In The Marital Home Only Until The Youngest Child Turns Eighteen

By Schwartz | White |

The parents of young children say that the days are short but the years are long.  One day with a preschooler involves more noise, tantrums, unanswerable questions, snack requests, wardrobe changes, heart-melting cuddles, and cleaning of messes than you ever thought possible before you had kids, but the days when the same child that… Read More »

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CSupport5

You Do Not Have To Pay Alimony To Support Your Former Stepchildren, Especially If They Are Adults

By Schwartz | White |

Being part of a blended family is a challenge, whether you are a stepparent or a stepchild.  For every Kamala Harris and Ella Emhoff who are buddies in ways that would not be possible if they were related by blood instead of by marriage, there are several stepparents and stepchildren who are sworn enemies. … Read More »

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DomesticViolVictim2

How Does Domestic Violence Affect Your Divorce Case?

By Schwartz | White |

The circumstances under which a person can be convicted of a crime are very limited.  The person must confess to the crime when it is obvious that no one coerced them into confessing, or a jury must decide that the evidence that the defendant committed the crime is very strong.  Furthermore, the prosecution must… Read More »

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GrayDivorce

Can You Reduce Your Alimony Obligations When Your Ex-Spouse Starts Getting Retirement Income?

By Schwartz | White |

Courts do not order divorced people to pay permanent alimony in very many cases, but when they do, it is meant to be permanent, terminating only when one of the ex-spouses dies for when the recipient ex-spouse remarries or enters a financially supportive romantic relationship.  While the obligation to pay alimony is permanent, the… Read More »

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Gift

Are Gifts From Extended Family Members Marital Property?

By Schwartz | White |

If you get divorced, then you have to divide your marital property with your ex-spouse, but you get to keep your separate property.  Florida is an equitable distribution state, so you don’t have to divide the marital property in half; instead, you can agree with your spouse on how to divide it, or the… Read More »

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DivorceMoney4

Selling Marital Assets That Have Little Or No Value

By Schwartz | White |

Florida’s equitable distribution laws do not apply exclusively to marital assets; in some divorce cases, the couple’s marital and nonmarital debts are an even more contentious issue than the couple’s assets.  Equitable distribution means dividing the couple’s marital assets and debts to enable both spouses, to whatever extent possible, to live at a comparable… Read More »

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CSupport18

Will The Court Reduce Your Child Support Obligations If You Are Also Financially Supporting Your Own Parents?

By Schwartz | White |

The court determines child support based on the number of days per year that the children spend with each parent, as well as each parent’s income and necessary expenses.  The family courts of Florida have decided many cases where parents requested modification of child support based on the parent’s expenses, which included financially supporting… Read More »

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