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What Valuation Method Will the Court Use?

kpeacy — Mon, 30 Jan 2012 23:19:45 +0000

What valuation method will the court use? Good question. Here is the answer from a Palm Beach Divorce Attorney. If you are a reader of this blog, you know that the court must determine the value of each marital asset and liability. It’s difficult to argue that some assets are more difficult to value than others, ... Read More ›

What If I Won the Lottery After I Separated?

kpeacy — Fri, 27 Jan 2012 23:18:46 +0000

What if you won the lottery after you separated but before you filed a petition for divorce? Well, not the worst situation, but you would certainly have some legitimate concerns about keeping the money. As a starting point, remember that the snapshot in time under 61.075 for determining the marital nature of assets is either the ... Read More ›

What is the Date of Valuation for Equitable Distribution?

kpeacy — Wed, 25 Jan 2012 23:17:43 +0000

What date does the court use when determining the value of my assets and liabilities in a divorce? It’s a good question and the answer is found in the Florida equitable distributionstatute: 61.075. Subsection 7 of that statute explains as follows:

“(7) The cut-off date for determining assets and liabilities to be identified or classified as marital ... Read More ›

Will I Get an Asset in My Divorce if I Ask for it?

kpeacy — Mon, 23 Jan 2012 23:16:38 +0000

Will I get an asset in my divorce if I ask for it? The answer is maybe, maybe not. As a divorcing spouse in Florida, it’s important that you understand you don’t get an asset just because you really really want it. As a Palm Beach Divorce Attorney, I am well aware that many litigants feel they should ... Read More ›

What is Marital Property?

kpeacy — Fri, 20 Jan 2012 23:15:39 +0000

What is marital property? Marital property is the property of the marriage subject to equitable distribution. When you go through a divorce, you need to distribute assets and liabilities. BUT – not ALL assets and liabilities are distributed. Only the Marital Assets and Marital Liabilities are distributed.

So what must a court first do when approaching ... Read More ›

What is Equitable Distribution?

kpeacy — Wed, 18 Jan 2012 23:14:35 +0000

This blog entry launches our subject matter focus on Equitable Distribution. Although we have covered the basics of equitable distribution many times, both in lecture form and in commentary on recent cases, we have yet to go through the long long list of assets and liabilities and how they are treated in a divorce.

By breaking ... Read More ›

How do you Impute Income in a Divorce?

kpeacy — Mon, 16 Jan 2012 23:13:26 +0000

The element of fairness in a divorce may require imputing income to a former spouse. This basically involves considering that former spouse’s proven earning potential or other ability to obtain income when determining alimony and related matters.

Interested in knowing your rights in your divorce? Schedule a consultation and you’ll meet with a West Palm Beach ... Read More ›

Can Different States Interpret a Divorce Decree?

kpeacy — Wed, 11 Jan 2012 23:12:29 +0000

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 ... Read More ›

Homestead vs. Support Enforcement

kpeacy — Mon, 09 Jan 2012 23:11:45 +0000

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 ... Read More ›

Can Paternity be Disestablished After a Court Establishes it?

kpeacy — Sun, 08 Jan 2012 23:10:54 +0000

Can Paternity be Disestablished After a Court Establishes it?

Although proof related to establishing paternity can determine that someone fathered a child, subsequent reliable evidence that that person is not the father can disestablish that paternity.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you’ll meet with ... Read More ›