Fort Lauderdale Divorce Lawyer Blog

My Parent(s) Made a Loan to Me and My Spouse During Our Marriage. What Happens to That Debt After We Divorce in Florida?

Published on: December 23, 2019 | by Sandy T. Fox

Several experts recommend against doing business with family. A few years ago, CBS News published an article about “5 Dangers of Doing Business With Family and Friends.” Many times, though, the pull of familial love and the desire to help out a child, sibling or parent may overcome concern about those dangers.

So, what happens if you receive money from your parent while you’re married and then you and your spouse divorce? It depends of the specific facts, but many times, if that money is a loan, then it is a marital debt. If your spouse is trying to put you on the hook for paying 100% of the loan debt you received from your mom or dad, don’t give up. Fight back with a skilled and knowledgeable Fort Lauderdale divorce attorney.

That type of scenario actually happened to one Florida Panhandle man in his divorce case. During the marriage, the couple received $125,000 from the husband’s mother. The couple received that money after the wife, a real estate professional, discovered a condo she deemed to be a good investment and suggested that she, her husband and her mother-in-law go in on the condo together. The husband’s mother balked at buying an ownership stake in the condo, but instead allegedly decided to loan the couple $125,000 so that they could make the purchase.

When the Court Can (and Can’t) Add Terms to Your Florida Timesharing Agreement

Published on: December 23, 2019 | by Sandy T. Fox

It is once again the holiday season. It is the time of vacations from school and (perhaps) work, along with family get-togethers. For divorced spouses with children, it is also a time for managing the challenges of timesharing. Hopefully, the parents will work together cooperatively to facilitate the growth of each parent’s relationship with the child.

Regrettably, that is not always true. Whether it is the holidays, spring break, summer vacation or some other visit, your spouse may seek to make unreasonable demands regarding timesharing that aren’t part of your agreement or court order. When that happens, be sure you have a skilled Fort Lauderdale child custody attorney on your side to ensure that your rights and your relationship (and time) with your child are protected.

R.B. and M.O. were a divorced couple whose case involved long-distance timesharing logistical issues. The mother lived in Broward County. The father was a major in the U.S. Army stationed in Colorado. The couple had a timesharing order that said that the father and mother would “confer regarding airplane tickets and will mutually agree prior to booking” any air travel.

What is a ‘De Facto Domestic Injunction’ and How Can it Hurt Me in My Florida Divorce Case?

Published on: December 16, 2019 | by Sandy T. Fox

One recent Southwest Florida case included a “de facto” domestic violence injunction, and served as a reminder to anyone going through a divorce, especially a hotly contested one, that things can always take unexpected turns. You can’t always expect the unexpected, but you can prepare for it and safeguard yourself from an unexpected and potentially damaging twist in your divorce case by having a knowledgeable Fort Lauderdale divorce attorney on your side from the start.

Do you know what a “de facto domestic violence injunction” is? Probably not, as almost no one outside a certain set of lawyers would even be loosely familiar with the phrase. It’s very important to know that, if a court that was deciding your divorce case issued such a de facto domestic violence injunction, it would be just as serious as a “regular” domestic violence injunction.

So, what exactly does a de facto domestic violence injunction look like? In that extremely contentious case from Collier County, it involved a divorce judgment that, in Paragraph 19, said that “the Husband shall not come on or about the Wife’s place of employment. The Husband shall not come on or about the Wife’s residence, unless he has been specifically invited by the Wife, in writing, and for the sole purpose of delivering the children into her care. The Husband shall not come within 100 feet of the Wife’s motor vehicle.”

When You Can — and Can’t — Be Held in Contempt in Florida for Failing to Comply With the Terms of an Old Marital Settlement Agreement

Published on: December 5, 2019 | by Sandy T. Fox

Many years ago, Frank Sinatra sang that “Love is lovelier the second time around.” For some, though, that isn’t true. There’s a reason that the couple broke up the first time – and those problems eventually doom the relationship the second time around. Some couples may divorce and remarry and divorce again. Others may make it to the brink of divorce, perhaps even going so far as for one spouse to file a divorce petition and for both spouses to agree to the terms of a marital settlement agreement before backing off and deciding to remain married.

If you’re in a situation like the second scenario and you eventually decide to divorce years later, what, you may wonder, should you do in terms of dealing with that old settlement agreement? The first thing you should definitely do is consult an experienced Fort Lauderdale divorce attorney to get the customized answers you need for your specific situation.

A recent case from Miami-Dade County looked into exactly that scenario of a near divorce followed by an actual divorce years later. V.T., the husband filed for divorce in 2009. In 2012, both spouses agreed to terms on a marital settlement agreement. However, the husband never pursued finalizing the divorce and the court threw out the case in 2013 after neither spouse showed up for a scheduled hearing.

Jurisdiction, Venue, and Where You Have to File Your Divorce Petition in Florida

Published on: November 26, 2019 | by Sandy T. Fox

There are many different decisions that have to be made in connection with your divorce, and they are all important to achieving your overall goals, although some may be more important than others. For example, if you file your divorce in the wrong county, then that may lead to your case getting dismissed or transferred to a different county, all of which can slow down you getting you to where you want to be – which is with a signed divorce judgment in find.

To make sure than you are doing everything possible, in terms of factual evidence, legal issues and procedural rules compliance, to give yourself the most complete and most efficient success possible, be sure you have an experienced Fort Lauderdale divorce attorney on your side, who can help you avoid getting trapped by the sort of procedural pitfalls that can ensnare even the most intrepid of self-represented spouses.

N.D. was a woman placed in a particularly precarious divorce scenario. She married her husband, J.P.D., in 2015 and, for three years, they lived in Orange County. In late 2018, they moved to Volusia County. Three months after that move, the wife again was relocating, this time to Miami-Dade County. This last move, though, was to escape the domestic violence her husband was inflicting on her.

My Income Has Dropped by More Than Half. What Can I Do About My Alimony Payment in Florida?

Published on: November 19, 2019 | by Sandy T. Fox

In today’s “gig” economy, fewer and fewer people are receiving incomes solely through salaried positions that pay steady earnings every week or every two weeks. Whether you’re a self-employed professional, someone who works in commissioned sales or an Uber driver, you know what it means to have an income that fluctuates.

If you’re also someone who owes alimony in Florida, you may wonder what these fluctuations mean to your alimony obligation. As a recent case highlighted, there are situations where an income change may entitle you to obtain a reduction (or even an elimination) of your alimony obligation. If you think your income changes have placed you in that position, be sure to contact an experienced Fort Lauderdale alimony attorney right away to discuss your potential case for alimony modification.

In that recent case, C.M.S. was a professional who owned her own real estate title and escrow business and also was an ex-wife who owed an alimony obligation to her ex-husband. The wife’s title business relied very heavily on one client. That client, which had been responsible for roughly 85% of the title company’s business, eventually opened its own title operation and ended its relationship with C.M.S.’s company. Additionally, real estate “short sales,” which had been a huge area of profitability for C.M.S.’s company, became massively less common as the economic recovery led to rising property values. On top of those things, new regulations significantly restricted how C.M.S. could market her business.

What Florida Courts Consider When Deciding the Equitable Distribution of Your Student Loan Debts

Published on: November 13, 2019 | by Sandy T. Fox

Typically, under most circumstances, assets and debts acquired during the time that a couple is married are considered by the law to be marital assets. That applies to student loan debt just the same as any other debt, generally speaking. There are, however, special circumstances that may make one spouse’s student loan debt acquired during the marriage non-marital debt or debt that is otherwise required to be distributed unequally.

In order to win that, the spouse seeking the unequal distribution (or classification of the debt as non-marital) must show the court that special circumstances exist. So, whether you’re arguing for a 50-50 division of the student loan debt or for some other type of distribution, you need to have on your side a skilled South Florida divorce attorney with an in-depth knowledge of Florida law and what that law requires in this kind of dispute.

A.T. was a Gainesville-area man with student loan debt who was going through a divorce case with his wife, N.T. During the time that the couple was married, A.T. incurred more than $10,000 in student loan debt. When the time came for the trial court to rule on the equitable distribution of the couple’s assets and debts, the court declared that the student loan debt was the husband’s non-marital debt and that he was 100% responsible for paying that debt.

What to Do If Your Spouse Has Obtained a Default Judgment in Your Florida Family Law Case

Published on: November 7, 2019 | by Sandy T. Fox

Sometimes, you may have some serious items working against you in your family law case. If your case falls into that category, don’t let that intimidate you and lead you into making the mistake of simply giving up. Many times, the law is more complex and nuanced than people realize and there may be opportunities to achieve a successful outcome, even in the face of a difficult situation. In other words, don’t give up – contact an experienced South Florida child custody attorney instead.

L.S. was someone who definitely had some things working against her in her divorce case. Her husband had gone through all of the legal steps required to get what the law calls a “default judgment.” A default judgment is something that a court may award when a plaintiff has done everything the law requires of him to advance his case, but the defendant has not participated in the case in any meaningful way. When that happens, the court may enter that default judgment and, many times, that ends with the court giving the plaintiff everything he asked for in his court filings.

L.S. had not responded to the husband’s court documents that were served on her. She was given notice that the court was holding a hearing on her husband’s request for a default judgment, but she didn’t attend that, either. As a result, the trial judge granted the husband his default judgment, granting him a divorce. The judgment also gave the husband what he wanted with regard to equitable distribution, timesharing and parental responsibility.

So, You Signed a Marital Settlement Agreement in Florida But Didn’t Go Through With the Divorce. Now What?

Published on: October 29, 2019 | by Sandy T. Fox

Sometimes, the story of your marriage and divorce, for purposes of your divorce case, can be very straightforward. Many times, though, it’s not. Many, if not most, divorcing couples, have some nuance, quirk or other atypical element to their story. To make sure that you are getting the best possible outcome from your divorce case, it pays to have a skilled South Florida family law attorney on your side to spot those unique things and to help you understand what those things can mean for you.

J.H. and W.S. were one of those couples with an atypical element in their case. They married in 1997. Late in 2000, they separated. The pair was quite serious about divorcing, with the wife filing a divorce petition and the pair completing and signing a marital settlement agreement early in 2001.

Then… fate intervened. The husband received a diagnosis of colon cancer and the two got back together. The wife dismissed her divorce filing and (according to the wife, anyway) resumed living together as husband-and-wife for another 15 years.

When a Florida Marital Settlement Agreement Validly Signed by Both Spouses Still Isn’t Enforceable

Published on: October 21, 2019 | by Sandy T. Fox

Reason #237 why it pays to have a knowledgeable South Florida family law attorney on your side: because winning your case requires an in-depth knowledge of the law… all of the law.

Some people may think they can pursue their divorce case without legal counsel. They may reason that they have strong grasp of the relevant facts of the case, and may even claim a working knowledge of certain divorce-related Florida laws like alimony law, parental responsibility law, child support law or equitable distribution law. As the recent case of one Flagler County couple demonstrates, winning your case may require more than that.

A.R., the wife, reportedly filed for divorce in 2016 after 17 years of marriage. The couple had three children together. The spouses worked to negotiate the terms of a marital settlement agreement and, eventually, the husband sent the wife the agreement, which he had already signed. The wife talked to her attorney, wrote down five handwritten statements on the document, signed the agreement and sent it back to the husband.