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Category Archives: Divorce

Mediation9

When Can You Get Out of Going to Family Mediation?

By Schwartz | White |

In virtually every area of the law, most cases do not go to trial, but whether or not this comes as reassuring news depends on the context.  If you are facing criminal charges, it probably does not cheer you up that you will probably eventually reach the conclusion that pleading guilty is your best… Read More »

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DividingMoney

Can Unmarried Couples Go to Court Over Property Division?

By Schwartz | White |

People say that marriage is just a piece of paper, but that piece of paper makes all the difference in a divorce case.  Florida does not recognize common law marriage.  Unless you and your spouse have a legally valid marriage certificate, nothing that either of you has bought during your marriage counts as marital… Read More »

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DivorceMoney3

Interspousal Gifts Are the Separate Property of the Recipient

By Schwartz | White |

When it comes to determining which assets count as marital property and which spouse gets to keep how much of the marital wealth after divorce, the family courts are not in the business of keeping score.  All of the property that the parties acquired during the marriage is marital; it doesn’t matter which spouse… Read More »

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ReviewingDocuments

Three Things That Make Everyone Feel Broke: Alimony, Child Support, and Taxes

By Schwartz | White |

After the first year of co-parenting after divorce, you settle into a new normal.  You enjoy every moment of ordering from the McDonald’s dollar menu and watching Netflix with your kids on the weekend nights when your children are with you, and on the nights when your kids are with your ex-spouse, you take… Read More »

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CoupleArgue

Fickleness, Procrastination, and Other Habits of Highly Unsuccessful Divorcees

By Schwartz | White |

Part of being an adult is realizing that people don’t really change.  Perhaps you decided to get a divorce once you realized that you would always be the way you are, and your spouse would always be the way he or she is, and therefore, you could never truly get along.  If your spouse… Read More »

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Div_Prop

How Does It Affect Your Divorce Case When the Legal Owners of Your Property Are Non-Human Entities

By Schwartz | White |

One of the ways the rich keep getting richer without paying taxes is that much of their wealth does not technically belong to them.  When a wealthy person dies, it may appear to the probate court that he is as poor as a church mouse, owning nothing but a one-bedroom condominium and a checking… Read More »

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MoneyGift2

Are Cash Gifts From Your Family Marital Property?

By Schwartz | White |

Some divorce cases are more expensive than others, but even in the simplest cases, it will take you at least a few hundred dollars to go from being legally married to being legally single.  If you have depended on your spouse financially throughout the marriage, then you can work out the payment of attorneys’… Read More »

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AssetsSplit

Is the Marital Home a Marital Asset If It Is in Only One Spouse’s Name?

By Schwartz | White |

At first glance, the difference between marital and nonmarital property seems clear cut, if not exactly intuitive.  If you and your spouse bought an asset during your marriage, it is marital property, regardless of whose income paid for it and whose name is on the title.  If you have owned an asset since before… Read More »

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ControllingSpouse

What Happens When Your Spouse Doesn’t Give You a Chance to Speak, Even at Your Trial?

By Schwartz | White |

Being married to someone who never lets you get a word in edgewise is exhausting.  If you make it past your tenth wedding anniversary with a relentless chatterbox, you either have copious patience, selective hearing, or both.  Your spouse tells pointless anecdotes when she is happy and launches into prolonged diatribes when she is… Read More »

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ContemplativeWoman

Your Divorce Anniversary Is What You Make of It

By Schwartz | White |

Somewhere there is a couple who celebrates their divorce anniversary every year.  Now that they no longer have to worry about managing their finances together, sharing household chores, or living up to the expectations of each other’s parents, it is easy for them to be close friends.  Somewhere else, a divorced couple gets together… Read More »

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