What is P in PEACE?

P stands for parental responsibility and timesharing. So essentially the court is going to want to rule on the children’s issues first. Parental responsibility is decision-making over the minor child and timesharing, which used to be called visitation, but that’s really where will the child sleep at night, at which parent’s house. So the court

The Impact of Loans on Retirement Asset Division

If a spouse has taken out loans against their retirement account, it impacts the account’s value and divisions. Recognizing these loans and understanding the implications is vital to ensure a fair division. For more information, please consult an experienced family law attorney.

What Does a Lawyer Need in a Paternity Case?

For a paternity case, we would need to know each party’s income for purposes of calculating child support. We’d need to know each party’s assets and liabilities to see if attorney’s fees are an issue. And then we’d also need to know about the history of the child who typically took care of the child,

Public Employee Pensions: Special Considerations

Public employees, like teachers and law enforcement officers, have pensions governed by unique rules. A deep understanding of Florida’s regulations around these pensions can ensure that assets are divided justly and without unanticipated repercussions. For more information, please consult an experienced family law attorney.

What to Tell Your Lawyer Before the Consultation

The biggest things that I ask clients about, or potential new clients about, tell me about your assets, your bank accounts, your retirement accounts, your, the real property that’s owned, automobiles, are they owned or leased, checking accounts, savings account, income, pay stubs, pay records, tax returns. We also ask about credit cards, other liabilities,

Military Pensions and Divorce in Florida

Military pensions come with unique rules. The Uniformed Service of Former Spouses Protection Act governs their division, allowing states to treat military pensions as marital or community property. Understanding the nuances can ensure fair distribution. For more information, please consult an experienced family law attorney.

Every Case is Different

Everyone’s case has a different fact pattern. All too often people say, “Well, my neighbor got this and my friend got that and my best friend was awarded the house. How come I’m not getting it?” The unfortunate part is those individuals may not know all of the facts of that particular person’s case and

IRAs: Distribution without QDRO

Unlike 401ks, IRAs don’t require a QDRO. However, proper documentation is essential to avoid tax implications. Typically, the divorce decree or separation agreement details, guide the division, ensuring that the transfer is labeled as incident to divorce. For more information, please contact an experienced family law attorney.

QRDO: The Key to Pension and 401k Division

Qualified Domestic Relations Orders, known as QDROs, allow the retirement assets to be split and given to the ex-spouse without tax penalties. The details of a QDRO can be intricate, making it essential to ensure proper drafting to avoid unnecessary costs and taxes. For more information, please consult an experienced family law attorney.

Marital Settlement Agreements 101

Well, the marital settlement agreement would normally be entered into during the litigation process. There are some times where you can do a marital settlement agreement prior to litigation, but normally those are done also after full and frank disclosure. So the two agreements have some similarities, but there is a big difference. For example,

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