A Florida divorce (marital dissolution) is a very difficult process for both spouses and their children. While the degree of pain, anger, frustration and uncertainty may vary from case to case, it is rarely a pleasant experience. The degree of discomfort often depends on the ability of the parties to the divorce to amicably resolve… Read More >
Hearsay Rule in Florida Contested Family and Divorce Cases
The reason that certain statements may not be introduced is because they constitute “hearsay” as defined in §90.801 of the Florida Evidence Code. As a general principle, a statement other than one made by the declarant while testifying at the trial or hearing offered in evidence to prove the truth of the matter asserted is… Read More >
Obtaining a Florida Divorce with a Marital Settlement Agreement
The process of reaching a negotiated resolution to your West Palm Beach divorce generally involves the use of a written marital settlement agreement. The marital settlement agreement will contain the terms and conditions of the divorce including the equitable distribution of marital property, provisions for spousal support, responsibility for attorney fees and other matters, whereas… Read More >
Predicting an Alimony Award in a Florida Divorce can be Extremely Difficult
We frequently speak with clients that were the primary or sole breadwinner during a marriage, and, at times, they often find the notion of alimony or spousal support baffling because they supported their spouse for years during the marriage. However, the legal justification for alimony is that marriage is a partnership. One spouse’s effectiveness and success at earning… Read More >
West Palm Beach Contested Child Custody Frequently Asked Questions Part II
This is the second installment of our frequently asked questions (FAQ) post on contested child custody issues. Contested child custody cases are often among the most bitterly contested family law cases, but our West Palm Beach contested custody team works diligently to lower the temperature on such disputes to reduce the stress on our clients… Read More >
West Palm Beach Contested Child Custody Frequently Asked Questions Part 1
The attorneys and staff at our West Palm Beach child custody law firm understand that a troubling aspect of a divorce for most parents is the potential impact on their children. While a marital dissolution can be difficult for children, many parents guided by an experienced West Palm Beach divorce attorney are able to amicably… Read More >
High Asset Florida Divorce
In a high asset Florida divorce case, issues such as property division and alimony can be more complex. Sometimes it is necessary to utilize experts to conduct a valuation of difficult to value assets or determine the proper valuation of a business or professional practice. However, at the Law Offices of James S. Cunha, P.A., our… Read More >
Experts’ Role in Contested Florida High-Asset Divorce Cases
Much like a complex or a substantial business transaction, a high-asset divorce may require an analysis of complex financial issues, including sophisticated valuation issues, tax implications, projections for growth of certain assets and other complexities. In a contested high-asset divorce case, our law firm works closely with a variety of experts to ensure that all… Read More >
High Conflict Custody Cases Have Adverse Impact on Kids
Palm Beach child custody attorney James S. Cunha and his legal team are committed to developing effective and amicable solutions for parents in child custody disputes. Although it can be very difficult to engage in a constructive parenting relationship with a former spouse, there is a substantial amount of evidence that the less contentious your… Read More >
Common Misperceptions about Annulment in Florida
Many people misunderstand the fundamental difference between divorce and annulment. There is a common misconception among some that annulment is an alternative to divorce that is available to those with religious objections to divorce or to dissolve extremely short marriages. Annulment is actually the process of having a marriage officially “erased” as if it never… Read More >