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Turco Legal Blog

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Jan 11
2012

Can Different States Interpret a Divorce Decree?

Posted by Administrator in palm beach divorce , different states , attorney

The general rule regarding involving another state in divorce-related proceedings is whether the other state has an adequately strong interest to justify that involvement. One factor is which people whose rights are at stake live in the second state.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Divorce Attorney. To do so, just call our office at (561)472-0919 or complete and submit a Consultation Request form to the right of your screen and we'll follow up with you.

Mr. Sullivan challenging the Florida trial court’s determination of the proper modification of child support duties brought the matter of Sullivan v. Hoff-Sullivan before the Florida 1st DCA (appeals court.) The appeals court issued its decision on December 2, 2011.

Jan 09
2012

Default Letter Necessary Condition to Foreclosure?

Posted by Administrator in palm beach foreclosure , mortgage default , attorney

A foreclosure is not always the next step after a mortgage default. A mortgage’s terms and/or state law often entitles a property owner to notice of a default before a creditor can pursue possession of mortgaged property.

Interested in knowing your rights and obligations in a property law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Foreclosure Attorney. To do so, just call our office at (561)472-0919 or complete and submit a Consultation Request form to the right of your screen and we'll follow up with you.

Mr. Bryson challenging  his creditor’s right to a mortgage foreclosure brought the case of Bryson v. Branch Banking and Trust Company before the Florida 2nd DCA (appeals court.) The appeals court issued its decision on November 30, 2011.

Jan 09
2012

Homestead vs. Support Enforcement

Posted by Administrator in support , palm beach divorce , homestead , contempt , attorney

Conflicts in laws that protect competing rights and other interests can require that a court determine which protection trumps the other. One way that this conflict can occur in divorce proceedings is when a former spouse seeks a court order to apply proceeds from selling a homestead to satisfying a support duty delinquency.

Interested in knowing your rights and obligations in a divorce proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Divorce Attorney. To do so, just call our office at (561)472-0919 or complete a Consultation Request form to the right of your screen and we’ll follow up with you.

Rina Kerzner challenging a court order that denied her request for a portion of the proceeds from selling the marital home of her former spouse Stuart Kerzner’s and his second wife Dana brought Kerzner v. Kerzner before the Florida 3rd DCA (appeals court.) The appeals court issued its decision on November 30, 2011.

Nov 15
2011

Can a One Spouse Be Awarded the Entire Marital Home?

Posted by Administrator in Palm Beach Gardens Divorce Attorney , equitable distribution

Divorce proceeding primarily start with the concept that each spouse is entitled to an award that equals one-half of the marital assets value; the court then typically examines the individual circumstances of a marriage to determine if an “equitable distribution” of those assets requires awarding one spouse a lion’s share of them.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll meet with a Palm Beach Gardens Divorce Attorney.  To do so, just call our office at (561)472-0919 or click on "Divorce Consultation" and complete a consultation request form.

Ms. Fotinos’ opposition to the trial court awarding Mr. Fotinos her share of the marital home in their divorce brought the matter of Fotinos v. Fotinos before the Florida 2d DCA (appeals court). This entry focuses on the distribution of the equity in the martial home; another entry focuses on the method for distributing marital assets. The appeals court issued its decision on October 19, 2011.

Nov 14
2011

Can Someone Raise New Issues in Family Law Appeals Court Proceedings?

Posted by Administrator in Palm Beach Gardens Family Law Attorney , modification , appeal

One basic general principle of an appeals court proceeding is that the scope of review of a trial court’s decision is limited to issues that are raised in the process of obtaining that review. This helps keep appeals court proceedings efficient and avoids ambushing the other side during those proceedings.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Divorce Consultation" and complete a consultation request form.

Ms. Crowell asked that the Florida 5th DCA (appeals court) reconsider its denial of her plea to consider her request to modify elements of her divorce decree in Crowell v. Crowell that related to the custody and support of her child. The appeals court issued its decision on October 21, 2011.

Nov 13
2011

Can a Parent Obtain Relief From Termination of Parental Rights?

Posted by Administrator in termination of parental rights , Palm Beach Family Law Attorney , dependency , case plan

Terminating someone’s parental rights is a serious step that a court generally takes only when no less restrictive option for protecting a child from harm is available. Consequently, parents usually have a chance to present arguments that support reversing a termination of their rights.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Family Law Consultation" and complete a consultation request form.

The father challenging the trial court’s termination of his parental rights brought the family law matter of G.M. v. Department of Children and Families before the Florida 2d DCA (appeals court). The appeals court issued its decision on October 12, 2011.

Nov 12
2011

Is a Former Spouse Entitled to Credit for Payments Made During a Separation?

Posted by Administrator in voluntary support , Palm Beach Gardens Divorce Attorney , alimony

The lengthy nature of divorce proceedings typically results in a period in which the former spouses are separated and one spouse is providing the other spouse with some financial support.  However, that support paid during a separation may, or may not, entitle the paying spouse to credit regarding support that a divorce decree awards the other spouse.

Interested in knowing your rights and obligations in a divorce proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Divorce Lawyer.  To do so, just call our office at (561)472-0919 or click on  "Divorce Consultation" and complete a consultation request form.

Ms. Cortese’s objection to the trial court awarding Mr. Cortese credit for payments that Mr. Cortese made during the separation period brought that issue in the divorce case of Cortese v. Cortese before the Florida 5th DCA (appeals court.) The appeals court issued its decision on October 14, 2011.

Nov 11
2011

Does Proof that a Parent Abandoned a Child Justify Terminating Parental Rights?

Posted by Administrator in parental responsibility , Palm Beach Gardens Family Law Attorney , dependency

Courts generally do everything possible to avoid terminating someone’s parental rights.  Proof that a parent actually, or effectively, abandoned a child is one circumstance that can justify such a termination.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Palm Beach Family Law Attorney" and complete a consultation request form.

The mother asking the Florida 4th DCA (appeals court), which covers Palm Beach County, to review a trial court’s termination of her parental rights brought the family law matter of L.W. v. Department of Children and Families before the appeals court. The appeals court issued its decision on October 5, 2011.

Nov 11
2011

Is a Borrower Entitled To Mediation in Foreclosure?

Posted by Administrator in Washington Mutual , WaMu , Palm Beach Gardens Foreclosure Attorney , mediation

Mediating disputes promotes judicial efficiency by freeing up court resources for matters that are not suitable for mediation.  The appropriateness of using this tool in foreclosure proceedings is limited to some degree.

Interested in knowing your rights and obligations in a foreclosure proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Foreclosure Attorney.  To do so, just call our office at (561)472-0919 or click on "Foreclosure Consultation" and complete a contact form.

Ms. Diedricke-Clarke challenging a foreclosure judgment brought the matter of Diedricke-Clarke v. Washington Mutual Bank before the Florida 4th DCA (appeals court). The appeals court covers Palm Beach County and issued its decision in this matter on October 5, 2011.

Nov 10
2011

What Authority Do Florida Courts Retain After a Parent and a Child Move to Another State?

Posted by Administrator in Palm Beach Family Law Attorney , dependency , custody , child support

A child moving from Florida to another state might result in involving the new state in child support and/or custody issues that developed after the move. One consideration that such an occurrence can raise is the extent to which the Florida court which initially addressed the custody and/or support issues retains authority over child-related disputes.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Family Law Consultation" and complete a consultation request form.

The mother challenging a Florida trial court essentially relinquishing all jurisdiction over her daughter to the state in which the daughter was living with her father brought the family law dispute in K.I. v. Department of Children and Families before the Florida 4th DCA (appeals court.) The appeals court covers Palm Beach County and issued its opinion in this matter on October 5, 2011.

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