When Florida couples begin the divorce process, one of the most stressful and highly debated elements of the divorce case is the issue of finances. Unfortunately, many couples fail to be proactive in financial planning before the divorce, which exacerbates stress and tension once the process has begun. What makes matters worse is the fact… Read More >
Treatment of Personal Injury Award in a Florida Divorce
An issue that may arise in a Florida divorce is whether an injured spouse’s recovery of a personal injury award constitutes marital property that is subject to distribution. In resolving this issue, the Florida Supreme Court in Weisfeld v. Weisfeld, 545 So. 2d 1341, 1346 (Fla. 1989) has implemented an “analytical approach” to establish whether… 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 >
Mediate your Florida Divorce
If you are involved in a Florida divorce, you may have heard that most divorce cases do not go all the way to trial. Many divorce clients are able to avoid the time and expense of going to trial by working with their attorneys to negotiate agreements which cover property division, parental responsibility and time-sharing,… Read More >
Mistakes that many Divorcing Parents Make in Florida
If you are going through a divorce, you are probably aware of how it is affecting your entire family, including the kids. Children look to their parents for stability, in both a physical and emotional sense. Fortunately, when parents approach divorce in a respectful and considerate manner, their children’s needs both during and after the… Read More >
The Issue of Common Law Marriage in Florida
Are common law marriages legally recognized in Florida? The simple answer is “sometimes.” Florida Statute 741.211 abolished all common law marriages in the State of Florida which were entered into after January 1, 1968. Common law marriages entered into prior to that date are still considered valid. Florida residents who entered into a common law… Read More >
Debt in a Florida Divorce
When a couple is getting a divorce, there are many things that have to be decided and property that has to be allocated between the spouses. However, the issue that really surprises a lot of couples is what happens to the debt. There are many different types of debt and the way that this debt… Read More >
The Emotional Aspects of your Florida Divorce
Feeling overwhelmed while going through your divorce? You are not alone. Most people who go through a divorce experience a wide range of intense emotions from grief to anger, and everything in between. Unfortunately, some people who are experiencing difficult emotions may be erroneously advised by friends or family members to avoid seeking help in… Read More >
Should Siblings Always Stick Together in a Divorce?
In divorce cases involving minor children, parents may work together to design a parenting schedule and parenting plan that will work for their family and then present the plan to the court for its approval. If the parties in a divorce case cannot reach an agreement about where the children will reside and what the… 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 >
