Bankruptcy filings in Jacksonville, Florida have increased since the recession began. For many people going through a divorce or having been divorced where alimony is a factor often wonder if the alimony obligation can be discharged in bankruptcy. According to the bankruptcy laws, only certain items are dischargeable in an…
Articles Posted in Florida Statutes
Using A Personal Property Appraiser In A Florida Divorce
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Florida law requires equitable distribution of marital property in divorce cases. Furniture and items purchased or received during the marriage or anticipation of the marriage (wedding gifts: Greenberg v. Greenberg, 698 S.2d 938 (Fla. App. 1997)) are considered marital…
In A Florida Divorce, Do I Have To Return My Engagement Ring?
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. If you are divorcing in Florida with assets purchased before marriage, Florida law recognizes them as premarital assets and those items typically remain with the person that brought them into the marriage. In Florida family law cases, clients often…
Florida Allows Alimony and Child Support Without Divorce
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. In Florida, if you are going separate ways in your marriage, divorce is not a requirement to receive alimony and/or child support in Florida. If you and your spouse are separated, then the party in need of spousal or…
Relocating With Your Child? Florida Requires an Agreement or Petition for Relocation
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Florida requires that a parent file a Petition for Relocation if that parent has the child the majority of the time and is moving more than 50 miles from the child’s principal residence. This petition is required if both…
In Florida, When Can Alimony Be Modified or Changed?
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Alimony is a common factor in Florida divorce cases. Alimony or spousal support is determined using a number of statutory factors, including but not limited to the lifestyle of the parties during the marriage, the length of the marriage,…
Florida’s Enforcement of Child Support – Motion for Contempt
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Florida enforcement of child support can be brought through a Motion for Contempt if the responsible parent, the obligor, fails to pay child support per the order of child support entered by the Court. When a child support order…
How Are Uncovered Medical Expenses Divided in Florida Cases Invovling Children
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Florida divorce cases involving children, child support cases and paternity cases often provide for support of the children based on Florida Child Support Guidelines in Florida Statute 61.30. However, the guidelines do not address medical expenses regarding the children,…
Attending a Final Hearing in a Florida Divorce: What Should You Expect?
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. If you live and Florida and have filed for divorce and now have an agreement regarding the dissolution of marriage, then you may be attending a final hearing on the Consent Final Judgment. If you have reached an agreement…
In a Florida Divorce, Is Counseling Required?
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Filing for divorce in Florida does not require a period of time for martial or individual counseling. If you are filing for divorce, then the only requirements before filing are that at least one party must be a resident…