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Category Archives: Family Law

Prenup6

The Most Damaging Myths about Prenuptial Agreements, Clarified

By William Wallshein P.A. |

Prenuptial agreements unfortunately suffer from a number of incorrect myths; myths that sometimes prevent couples that need to better plan and prepare for their future from considering the very best tool to do so as they enter into marriage or as their marriage ages. Below, we discuss some of these damaging myths, and try… Read More »

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Active and Passive Effort in the Transformation of Non-Marital Property into Marital Property

By William Wallshein P.A. |

When two people get married, they not only join themselves to each other, but every aspect of their life fuses. This includes marital property, unless the couple otherwise designates that certain assets are individual and should remain separate. If you and your partner are getting married, it is important to speak with an experienced… Read More »

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Mandatory Disclosure in Florida Divorces

By William Wallshein P.A. |

July 1, 2015 In a trial such as a divorce, one of the first steps is discovery. The discovery process entails gathering documents and information from the other party, which, in divorce, is the other spouse. The purpose of discovery is to resolve any disputed facts before trial. One important type of discovery in… Read More »

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Relocation of Children

By William Wallshein P.A. |

June 24, 2015 In Florida, if the parents of a minor child are separated and the custodial parent wants to move the minor child more than fifty miles for a period of over sixty days, the custodial parent must get the other parent’s permission. If the other parent will not give consent to the… Read More »

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Marital Waste

By William Wallshein P.A. |

June 19, 2015 In Florida divorces, marital property is distributed under the principles of equitable distribution. This means that the distribution of property should be equal, unless the court finds circumstances that justify awarding unequal amounts to the spouses. One of these circumstances is marital waste. What is Waste? In the property settlement process,… Read More »

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What Happens to Mortgages After Divorce?

By William Wallshein P.A. |

June 17, 2015 In a divorce, one of the important decisions to make is how to divide the couple’s property. Florida uses the principle of equitable distribution, which means that the property will be divided fairly, though not necessarily equally. Some assets, such as a house, cannot be divided in half, so instead the… Read More »

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The Putative Father Registry

By William Wallshein P.A. |

June 11, 2015 In Florida, a man is presumed to be the father of a child if he is married to the mother at the time of the child’s birth. But for unmarried fathers, getting parental rights is not so simple. They must assert their parental rights. Florida’s Putative Father Registry lets an unmarried… Read More »

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Discovery in Florida Divorces

By William Wallshein P.A. |

June 29, 2015 The discovery process is an essential step in any litigation, including divorce, child custody, and other family law cases. During discovery, the parties obtain documents and information from each other in order to facilitate a fair and speedy trial or negotiation. In Florida, mandatory disclosure, in which several specified types of… Read More »

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Default Divorce in Florida

By William Wallshein P.A. |

June 8, 2015 Divorce is a stressful time, and can be made even more stressful if your spouse does not cooperate in the divorce process. Fortunately, if your spouse will not respond to your petition for divorce, or if you cannot find your spouse, the court will not make you stay married to him… Read More »

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Spousal Separation in Florida

By William Wallshein P.A. |

June 5, 2015 Florida law does not provide for legal separation, and Florida does not recognize the status of “legally separated.” Instead, a couple that wants to physically separate without formally divorcing has to use several different Florida laws to settle their affairs. There are many reasons that a couple may not want to… Read More »

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