Author Archives: Jay Butchko
Can I Relocate My Children After a Florida Divorce?
You can relocate your children in Florida, but you need court approval first, unless your former spouse agrees to the move. Relocating without court approval could be considered kidnapping. The State of Florida has a vested interest in the well-being of its children. If you want to move with your minor children, you will… Read More »
Will I Lose My Alimony If I Remarry in Florida?
In most cases, the answer is ‘yes’, alimony payments will stop automatically once you remarry. Florida Statute § 61.08(8) holds that once the recipient of alimony remarries, alimony payments are automatically terminated. However, there is one exception under the law. In the case of Herbst v. Herbst, the wife successfully argued that she should… Read More »
What are the Penalties for Violating a Parenting Plan in Florida?
In the State of Florida, judges decide child custody cases based on the best interests of the child. Parents are encouraged to develop their own parenting plan that reflects the interests of their children. As soon as the court approves the parenting plan, it becomes a legally binding document that must be followed by… Read More »
Do I Need an Attorney to Apply for Child Support in Clearwater, FL?
As a parent, you can apply for child support in Clearwater by signing up for child support services through the Florida Department of Revenue. While you do not need an attorney to sign up for these services, it does not mean that you should not have an attorney assist you during the process. If… Read More »
What Should I Include in My Prenuptial Agreement?
During a Florida divorce, the courts will divide your assets equitably—not necessarily evenly. In addition, you could end up paying alimony, child support, and being saddled with your partner’s debts. This can cause considerable apprehension. One way of managing this problem is for you and your spouse to sign a prenuptial agreement prior to… Read More »
What a Prenuptial Agreement Can and Cannot Do under Florida Law
Are you looking to get married? If so, you may have considered a prenuptial agreement. Prenuptial agreements, or prenups, are becoming increasingly common among couples who recognize their benefits. Prenups are no longer associated with the ultra-rich and their second marriage. They are becoming standard practice for couples who are seeking to establish clear… Read More »
Understanding Legal Separation in Florida
Florida is one of the few states in the country that does not recognize legal separation. That being said, you can enter into a separation agreement with your spouse, which essentially accomplishes the same thing as legal separation in other states. This is especially important if you’re sharing a residence with your former spouse…. Read More »
What Constitutes “Unconscionability” In a Prenuptial Agreement?
It’s very rare that a Florida court will throw out or void a prenuptial agreement. It is rarer still that the court would throw out the agreement on the grounds of “unconscionability”. There are, however, valid reasons for voiding a prenuptial agreement, and “unconscionability” is often cited as one of those reasons. The term… Read More »
Can I Have a Prenuptial Agreement Voided in Florida?
A prenuptial agreement is a legally enforceable contract signed by two parties entering into a marriage. It can define and clarify specific matters, such as what happens to a particular asset in the event of a divorce. It can also limit the amount and duration of alimony, as well as protect individually held property… Read More »
The Rights of Unwed Fathers in Florida Custody Matters
Some of Florida’s newest laws address the rights of fathers in child custody hearings. The Florida courts are now required to default on giving fathers equal time-sharing when it comes to child custody. There is also a presumption in favor of shared custody. Further, Florida has clarified the rights of unwed fathers. In this… Read More »
