Author Archives: Jay Butchko
Can I Undermine My Florida Own Prenuptial Agreement?
Statistics show that the U.S. divorce rate hovers around 40 percent for first marriages, and is even higher for second and third marriages. Because of this, many couples execute prenuptial agreements (referred to as ‘prenups’) before they get married, so that they can hopefully eliminate potential issues during divorce proceedings. However, sometimes, a person’s… Read More »
Making Changes To Florida Child Support
When two parents get divorced in Florida, their divorce decree will invariably include a required child support payment from the noncustodial parent (except in very rare situations). Florida law holds that a child generally has the right to support from both their parents, and a failure to support can be actionable. However, the amounts… Read More »
The Florida Homestead Exemption And The Probate Process
When someone passes away, their estate will generally have to go through Florida’s probate process before any assets can be granted to the deceased’s specified heirs. This includes all the assets that fall under the deceased person’s will (or other estate planning documents), including large assets like the person’s home. However, the deceased’s home… Read More »
What Happens To A Spouse’s Military Benefits After Divorce?
When a civilian spouse divorces their military servicemember spouse, one of the primary concerns they may have is what will happen to the privileges or benefits they have become used to during the period of the marriage. The spouses of military servicemembers are entitled to certain perks, but upon divorce, only a few can… Read More »
Misconceptions About Florida Prenuptial Agreements
Prenuptial agreements are more common nowadays than they ever used to be in years past. However, some of the misconceptions and misunderstandings about prenups have persisted, even as the law and societal mores have changed. If you and your soon-to-be spouse decide that a prenuptial agreement is a good fit for your situation, it… Read More »
How Are Absentee Condo Owners Handled In Florida Law?
It is unfortunately a fact of life that in many multifamily condominium buildings, there are absentee owners. While one might think that this would not affect other owners, or the condo board as a whole, there are issues that can appear, particularly with regard to maintenance and upkeep. If you are a board member… Read More »
What Are Appropriate Uses For Florida Child Support?
While Florida courts technically have no obligation to award child support to either parent during a divorce, the overwhelming majority of cases end with one parent incurring a support obligation. However, child support can still remain a bone of contention between the two parents, particularly if the divorce is less than amicable. One of… Read More »
Unique Issues In Florida Military Divorce
Divorce between military servicemembers is just as common as divorce between civilians. However, there are certain aspects that have to be handled in a unique way when one or both spouses is a military servicemember. If you are intent on divorce, but your spouse is a member of the armed forces, hiring a knowledgeable… Read More »
Parenting Time And Military Divorce
When two people divorce, custody of their children is one of the most hotly debated issues. In Florida, the best interests of the child or children is the most important factor that the court will consider. However, when one or both parents are in the military, the process of determining exactly what the best… Read More »
Who Should Have A Prenuptial Agreement?
Prenuptial agreements are more common in this day and age than they have been at any point previously. The Centers for Disease Control (CDC) estimate that there were approximately 750,000 divorces in the United States in 2019, and more and more couples are seeking to minimize the time and trouble of divorce proceedings should… Read More »
