Author Archives: Jay Butchko
Do Condo Board Members Have Fiduciary Duties To Owners?
A fiduciary is a person who has a duty to act in good faith when protecting another person’s interests. Many different people in many different positions may have fiduciary duties, but one that most people remain unaware of is that of a community association board member. A Florida condo board and its members all… Read More »
Best Legal Tools To Avoid Florida Probate
Many different people have horror stories about the probate process, citing its complexity and the length of time required for it to wind to a conclusion. Sometimes, it may be necessary to go through the process, but in general, most estates can avoid it with the right planning, meaning that assets reach their intended… Read More »
Child Custody Issues In Military Divorce
One of the most hotly contested issues in any divorce is the question of child custody (also called parental responsibility). Divorces involving military personnel are no exception – after all, every good parent wants to be able to help raise their children. It is the public policy of Florida courts (and the Florida legislature)… Read More »
Florida Prenuptial Agreements & Contract Law
There are many different reasons why a couple might want to execute a prenuptial agreement (‘prenup’) in this day and age. Some choose one for a second marriage; others want to preserve separate property before their first. Regardless, it is crucial to understand that a prenup is a contract, and is governed by Florida… Read More »
Florida Marital Property Rights & Probate
When two people divorce in Florida, the assets and debts they accumulate during their marriage are referred to as their marital estate. Unless a premarital agreement exists, Florida law holds that this property must be divided between the spouses via equitable distribution – in other words, by apportioning more to the spouse who may… Read More »
Jurisdictional Issues In Florida Military Divorce
When a couple decides to divorce, normally the process can be relatively brief, particularly if they have few assets between them. However, if one or both spouses is a servicemember, that process can become much more complex. This is doubly true if you are living on base or in another location where you have… Read More »
Prenuptial Agreements For Second Marriages
Data from the National Center on Health Statistics (NCHS) estimate that roughly 6 of 10 women who remarry become part of a blended family, with either they or their partner having had children in a previous marriage. There are many, many successful blended families, and one of the main things most of them share… Read More »
Making Changes To Florida Child Support
Child support is a unique right in Florida, being one of the few that belongs exclusively to the child, instead of to the child’s parents. As a result, establishing a child support order is one of the most important items in divorce proceedings, so that the child or children of divorced parents do not… Read More »
Dividing Military Retired Pay During Divorce
Up until 1982, a person divorcing a military servicemember had no right whatsoever to any share of their ex-spouse’s retired pay in most cases. The passage of the Uniformed Services Former Spouses Protection Act (USFSPA) in that year granted state courts the right to divide a servicemember’s retired pay as part of a divorce…. Read More »
Prenuptial Agreements & Florida Divorce
Prenuptial agreements, or ‘prenups,’ are more common than ever nowadays, especially as more people marry for a second or even third time. However, the actual ramifications of executing a prenuptial agreement are less well understood, particularly with regard to what will happen in the event of a divorce. Having an attorney help with your… Read More »
