Author Archives: Jay Butchko
Former Husband Appeals Marital Settlement Including Award For Permanent Alimony
Florida has recently changed the rules regarding permanent alimony. Beforehand, it was not necessarily common for the courts to issue an award of permanent alimony, but it did happen. New Florida laws have done away with permanent alimony in favor of durational alimony. Durational alimony can be periodically renewed if the court finds good… Read More »
Husband Argues Trial Court Abused Its Discretion When Unequally Dividing Mortgage Debt
Florida is an equitable distribution state. That means assets and liabilities (debts) are divided according to what is fair and equitable and not (necessarily) evenly. In community property states, assets and debts are divided evenly regardless of what is fair or equitable. In many cases, the Florida courts will award more of the marital… Read More »
Antenuptial Agreement Leaves Wife Destitute In Florida Divorce Case
Before you sign any agreement related to a divorce, you should have that agreement analyzed by a lawyer. The results of failing to do so can leave you holding the short end of the stick. In one Florida divorce case, Waton v. Waton, the wife signed an antenuptial agreement waiving her right to receive… Read More »
Father’s Motion To Appeal Final Judgment Of Paternity Dismissed On The Grounds That He Failed To File The Appeal In A Timely Manner
In the case of Diasolwa v. Burneikis, the father filed an appeal from an Amended Final Judgment of Paternity. The mother, in this case, filed a motion to dismiss for lack of jurisdiction on the basis that the father did not file his appeal in time. At play in this litigation is whether or… Read More »
Father Appeals Disestablishment Of Paternity After DNA Test Proves He Is Not The Father
In the case of Castillo v. Rodriguez, you have a contested petition for paternity. The parents were involved in an on-again-off-again relationship. During this relationship, a child was born. The purported father of the child, Castillo, was initially established as the father’s child. However, the mother, Rodriguez, petitioned the trial court to disestablish paternity… Read More »
Husband’s Gambling Problem Cited As Reason To Reduce Equitable Distribution Award
In the majority of cases, Florida courts will split the marital estate in half and distribute half its value to both parties to a divorce. In one 2017 case, Viscito v. Viscito, the husband was awarded only 50% of the passive, market-driven appreciation of a shared condominium. The former wife retained title to the… Read More »
Husband Appeals Equitable Distribution Award After Being Accused Of Dissipating Marital Assets
In the case of Corrales v. Corrales, the husband, Mr. Corrales, appealed the amended final decree for the dissolution of the marriage. In this case, the husband and wife had been married for nearly 30 years before pursuing a divorce. Immediately following their marriage, the couple moved into a home in Westchester, FL owned… Read More »
What Is Equitable Distribution In A Florida Divorce?
Equitable distribution refers to the way in which assets are divided in a Florida divorce. Some states are considered community property states. In these states, assets are divided 50/50 no matter what. In equitable distribution states, assets are divided in a way that is equitable to both partners. This means that assets may not… Read More »
Do I Need A Guardian Ad Litem During A Florida Custody Battle?
In a high-conflict child custody case, the Florida courts have the option of appointing a guardian ad litem to help represent the children’s best interests during the divorce. In some cases, parents may also request a guardian ad litem from the court. If both parents agree, then the court will appoint a guardian ad… Read More »
Middle-Aged Americans Are Divorcing With Greater Frequency While Divorce Drops Among Younger Americans
Recent statistical analyses of divorce data indicate that divorce is going up among middle-aged and older Americans even as it seems to be dropping among younger Americans. According to Bowling Green State University’s National Center for Family and Marriage Research, divorce rates for Americans over 55 have doubled. For those over 65, divorce rates… Read More »
