Author Archives: Jay Butchko
The Basics of Equitable Distribution in Florida
Most people, when they are in the process of divorcing, tend to labor under the presumption that their marital assets will be divided equally. However, the law in most states, Florida included, does not lean toward this idea. Instead, the state espouses the common theory referred to as equitable distribution. While this does usually… Read More »
Calculating Child Support Under Florida Guidelines
One common denominator in most Florida divorces is child support. While it is necessary to work out an equitable compromise, it is also in the interest of the court, as well as the family involved, to do so quickly and fairly. If there are disputes, Florida courts are unafraid to help the spouses reach… Read More »
Reasons Why A Prenuptial Agreement May Fail
As one might imagine, prenuptial agreements are complex instruments that require careful crafting in order to be valid. It is not enough to simply mutually agree on provisions with your spouse; those provisions must be in compliance both with state law, and with public policy. Even if there is mutual agreement, it may not… Read More »
Post-Judgment Modifications in Military Divorce
In a standard civilian divorce, post-judgment modifications are common, given the nature of life today. However, in a military divorce, there may be unforeseen complications due to one or both spouses’ duty status. Parenting time and spousal support are the most common issues over which a military divorce may be modified. Parenting Time A… Read More »
Condominium Boards and the Fair Housing Act
It is considered good business to thoroughly vet every potential owner who may wish to buy into your condominium or homeowner’s association. Criminal history, financial problems or other similar issues may lead you to decide not to rent to someone. However, if one investigates too far, or is too particular about the types of… Read More »
Probate and Holographic Wills
While most people visit an attorney to have a will drawn up, there are some who prefer to execute it themselves. This is referred to as a holographic will. Proponents think it allows a person to exercise more control over their bequests. Regardless, the truth is that many holographic wills are held to be… Read More »
Living Trusts and Florida Probate
In many states, the creation of a living trust is recommended by competent estate planning and probate attorneys so as to avoid the headache of a drawn-out probate court proceeding. However, what many do not realize is that there are some situations in which probate cannot be avoided. Understanding the finer mechanics of Florida… Read More »
Disputes That Do Not Require Arbitration
In Florida, the majority of condominium-related disputes are subject to non-binding arbitration. Arbitration is held out as the method for remedy in several state statutes, and the nature of the disputes to be arbitrated is clearly laid out. However, there are many varieties of dispute that one may have with one’s condominium association that… Read More »
Reasons To Sign A Prenuptial Agreement
Prenuptial agreements, or prenups, tend to be seen as an implicit failure on the part of one or both halves of a couple by many. They argue that a prenup is proof that the marriage is not being entered into in good faith, or that it presupposes the possibility of divorce. In reality, some… Read More »
Pensions As Property
The Uniformed Services Former Spouses Protection Act (USFSPA) was passed in 1982 to safeguard the interests of military spouses, both current and former, despite the name. It regulates many different issues having to do with marital property and jointly-owned assets, and grants some authority to state courts to rule on these matters. One might… Read More »
