In Florida, parents are expected to care for their children to the best of their ability. This means contributing as much money as possible to their upbringing. Unfortunately, some parents try to skirt this responsibility by artificially depressing their earnings to lower their child support amount. When this occurs, the family law judge will impute… Read More >
West Palm Beach Divorce and Child Custody Lawyer on Shared Parenting in Florida
The National Parents Organization (NPO) is a charitable and educational organization committed to family law reform whose focus is the promotion of shared parenting in which both parents have equal say in the raising of children after divorce or separation. Citing recent studies on the effects of shared parenting on children, the NPO believes that… Read More >
How is Property Divided in a Florida Divorce?
Many people struggle with the division of assets in a divorce. Since certain possessions take on a sentimental value while others have a real monetary value, it can be difficult to decide how to “equitably divide” this property. First, it is important to note that the two parties will have marital and non-marital property. Non-marital… Read More >
FAQ about Divorce in Florida, Part 2
This is the second installment in our multi-part blog post covering Frequently Asked Questions FAQ about Divorce in Florida. If you have not yet reviewed Part I of this blog post, we recommend you review that installment before reading the information below. This portion of this multi-blog post specifically focuses on the issue of separation… Read More >
Questions to Ask during your Initial Consultation
Many attorneys offer an initial consultation to learn about their potential client and their potential case. For a family law matter, it may be a question about your spouse, children, assets, and other relevant information that will come out at trial. But this consultation also gives the client a chance to speak to a lawyer… 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 >
Divorce Lawyer in West Palm Beach Gives Practical Advice on Post-Divorce Observation of Birthdays and Holidays, Part 2
When a relationship unravels and two people no longer live together, there are legal as well as practical consequences that affect not only them, but also their children. The reality of the breakup often is felt most keenly on special days such as birthdays and holidays. Children especially can be subject to negative feelings and… 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 >
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 >
Establishing Paternity in Florida
Many of us have seen talk shows that feature dramatic tests from women seeking to determine whether a man is or isn’t the father of her child. While this might make for compelling daytime television, it is actually an important matter of law. Establishing paternity in Florida allows a woman to potentially collect child support,… Read More >
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