Author Archives: Jay Butchko
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 »
What are the Grounds for Annulment in Florida
As Florida family law attorneys, we’re sometimes asked about annulment as an alternative to divorce. A divorce is when a valid marriage ends. An annulment, on the other hand, means that the marriage was never valid to begin with. Both divorce and annulment have grounds or reasons. The grounds for annulment are considerably different… Read More »
What are the Grounds for Divorce in Florida?
Generally speaking, when you engage in a divorce, you have to specify grounds (or legal reasons) why you’re divorcing. This particularly holds true in states that allow fault-based divorces. Florida is not one of those states. The State of Florida only permits no-fault grounds for divorce. In other words, the grounds for every divorce… Read More »
How Does Divorce Mediation Work in Florida?
One of the most emotionally trying times of your life will be your divorce. There are several challenges you need to face. Differences in how to divide your assets, how to raise your children, and various support payments can cause bitter disputes among couples. In some cases, these disputes are unresolvable on your own… Read More »
If My Spouse Cheated, Am I More Likely to Get Alimony in Florida?
Most folks wouldn’t want to pay alimony to a cheating spouse. They probably feel as if their spouse caused the breakdown of the marriage and they don’t deserve to be paid for doing so. You’re not alone if you feel that way. Florida Statutes § 61.08 provides a list of factors courts can consider… Read More »
What Are the Penalties for Violating the Terms of a Parenting Plan in Florida?
Modifying a parenting plan can be tricky. You need to establish certain factors before the court will hear your argument. Instead, many parents think that they can unilaterally change the terms of a parenting plan without either consulting the other spouse or the court. If you try this, the court will not be happy… Read More »
Can I Spy on My Spouse to Collect Evidence for My Florida Divorce?
Are you tempted to spy on your spouse? Have they committed adultery? Are you engaged in a messy divorce? Do you need information that the other spouse refuses to turn over? If so, you may be inclined to use new technology to “spy” on your spouse to get the information you need. But is… Read More »
