Author Archives: Jay Butchko
How Inheritances Are Classified During Divorce in Florida
Divorce proceedings in Florida often involve the complex division of assets, and one area that frequently raises questions is how inheritances are treated. Unlike many other assets acquired during a marriage, inheritances have specific rules under Florida law regarding their classification and distribution. Marital vs. Non-Marital Property Florida follows the principle of equitable distribution, meaning… Read More »
When Is a QDRO Necessary in a Divorce Proceeding?
Divorce proceedings often involve the division of marital assets, including retirement accounts and pensions. However, dividing these assets isn’t as simple as splitting a bank account. In many cases, a Qualified Domestic Relations Order (QDRO) is necessary to properly allocate retirement benefits between spouses. Understanding when a QDRO is required can help ensure a… Read More »
Dissipation of Marital Assets in Florida: A Legal Overview
Dissipation of marital assets is a significant issue in many Florida divorce cases. It occurs when one spouse intentionally wastes, depletes, or misuses marital property, often to deprive the other spouse of their fair share in the divorce settlement. Understanding how Florida law addresses this issue can help divorcing parties protect their rights and… Read More »
Understanding Vacuum Jurisdiction in Florida Child Custody Matters
In the realm of child custody disputes, “vacuum jurisdiction” refers to a situation where no state has a clear claim of jurisdiction over a child under existing legal frameworks. This issue often arises in cases involving families that move frequently, reside across multiple states, or fail to establish a clear “home state” for the… Read More »
Understanding the 10-10 Rule in a Military Divorce
Military divorces involve unique considerations that differ from civilian divorces, particularly regarding the division of military retirement benefits. One such rule is the “10-10 rule,” a term frequently encountered in this context. Understanding this rule is crucial for military service members and their spouses navigating the complexities of divorce. What Is the 10-10 Rule?… Read More »
Dividing Vacation Properties in a Florida Divorce: What You Need to Know
Dividing assets in a divorce can be challenging, especially when it comes to vacation properties. These homes often carry sentimental value and represent significant financial investments. In Florida, a state governed by equitable distribution laws, dividing vacation properties during a divorce involves legal and emotional considerations. Here’s a guide to understanding how this process works…. Read More »
What Makes a Divorce Complex?
Divorce can be a draining process. This is true for all divorces. However, the experience may be more challenging and emotionally draining if your divorce is a complex divorce. Often, a complex divorce will require a higher level of legal expertise, negotiation skills, and sometimes going to court. It will require professionals in various… Read More »
Modifying a Divorce Decree in Florida
Florida divorce cases are finalized with a Final Judgment of Dissolution of Marriage. Typically, a Final Judgment of Dissolution of Marriage outlines the terms of the divorce. If the parties enter into an agreement, the Final Judgment will outlines the parties’ agreement regarding property division, alimony, timesharing (child custody or visitation), child support, and… Read More »
Steps To Take When Creating a Prenuptial Agreement
A prenuptial agreement, or a prenup, is a legal contract that two people sign before marriage. Prenuptial agreements are getting more popular, especially among millennials. Usually, this contract lists all the property each person owns and the debts they owe. It outlines the terms and conditions associated with dividing the property and debts if… Read More »
Talking to Your Partner About a Prenuptial Agreement
A prenuptial agreement, or prenup, is a legal document that outlines how a couple’s assets and debts will be divided if the marriage ends in divorce. It also addresses a couple’s financial responsibilities during the marriage. A prenup can also address other matters, such as alimony and inheritance. Discussing a prenuptial agreement with your… Read More »