Author Archives: Jay Butchko

From Community Property To Equitable Distribution: What Changes?
It is a fact of life that sometimes, employment or family considerations necessitate moving, often from state to state. Doing so is rarely easy, as it can be a bit of a culture shock even moving a mere handful of miles, and a move is doubly hard if it comes coupled with marital problems…. Read More »

Ending Child Support Payments Early Or Late
In the significant majority of divorce cases which involve child support, those payments will terminate on the child’s 18th birthday, which should (at least in theory) be listed in the divorce decree as the date of cessation of payments. However, there are certain sets of circumstances under which support can be terminated either early… Read More »

Coercion, Duress and Prenuptial Agreements
More and more nowadays, couples are signing prenuptial agreements, or prenups, before they marry. It is being seen more often as protecting one’s investments than as a cold, unromantic business deal. However, it is this familiarity that can sometimes lead to coercion or putting one party under duress, whether intentional or not – people… Read More »

Why Do I Need A Probate Attorney?
If you have had a recent death among your loved ones, you may be feeling overwhelmed with not only saying goodbye, but also with all the legal ramifications surrounding the disposal of their property, especially if they did not leave a will or other estate plan. In Florida, the large majority of estates go… Read More »

Divorcing While Deployed
Being deployed is something that a soldier both expects and dreads. However, it can sometimes bring not only professional, but personal changes. It is less unusual than one might think to try and obtain a divorce while your military spouse is deployed – it may not be concluded until their tour of duty is… Read More »

Who Can Run For Condo or HOA Board?
While condo boards and homeowners’ associations (HOAs) are fairly low-key organizations in most respects, one area where regulations become quite strict is in the issue of board elections. The board has enormous power to make decisions that affect not only owners, but everyone who lives in the condominiums or the association, and even those… Read More »

Property Classification & Distribution in Florida
When two people get married, they both bring property into the marriage, but the bulk of a couple’s assets are acquired either in anticipation of the marriage or during it. As such, most couples will have both marital and separate property between them. It is important to classify assets appropriately, because only marital property… Read More »

Sperm Donors and Child Support Claims
Many couples in the United States are unable to have children of their own, for a variety of reasons. Depending on the specific situation of the couple, some use a gestational surrogate, where another woman carries a child that shares genetic material with the couple, and then surrenders parental rights. Others use sperm donors… Read More »

The Role Of Prenuptial Agreements In Distributing Marital Property
While prenuptial agreements or ‘prenups’ are becoming more common nowadays, their earliest adopters were the couples who boasted significant wealth between them. Wealthy couples tend to plan more than those who have fewer assets, simply because ensuring both spouses receive a fair share while retaining specific, sentimentally valuable items can be quite complex. However,… Read More »

After An Honorable Discharge
Most members of the United States armed services are not career military, and as such, will seek or receive discharge at the conclusion of their tour. Some divorced servicemembers, depending on their circumstances, may seek an honorable discharge when the time is right so that they can spend more time with their children. If… Read More »