FLORIDA DIVISION OF PROPERTY

States have different rules about how property is divided at divorce. Florida law requires an equitable, or fair, division of property between the spouses. The law says that equitable usually means equal—but a judge who believes that a precisely equal division would be unfair can divide the property in a different proportion after considering all […]

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ALIMONY – WHEN AND WHY?

In order to obtain alimony, there has got to be a need for assistance on the part of the requesting party and an ability to pay alimony on the part of the other party. Thus, one party may claim that they cannot pay their basic monthly bills without the help of the other. An alimony […]

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Young Marriages – Why do so many come to an early end?

Divorce rates are highest among couples in their 20s. What causes ‘starter marriages’ to fall apart, and what can you learn from them? Every divorce is an individual grief; it is also, however, part of a greater cultural story. This is not just that divorce rates are high, though that is part of it. Almost […]

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Could my inheritance be split in the divorce?

Could My Inheritance Be Split in the Divorce?

Inheritances are tricky beasts. In and of itself, an inheritance is not marital property. It is separate property. That means that absent certain circumstances, your inheritance cannot be split in your divorce. Florida Statutes Section 61.075 (6)(b) provides: (b) “Nonmarital assets and liabilities” include: 1. Assets acquired and liabilities incurred by either party prior to […]

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How Do I Know if I Need a Prenup?

What comes to mind when you think of couples who sign prenuptial agreements? Celebrities? Eighty-year-old multimillionaires marrying 20-something golddiggers? Well, contrary to popular belief, prenups aren’t just for the exorbitantly wealthy. Prenups can actually benefit a wide range of people, including spouses with less earning capacity. And since divorce is so prevalent in American society […]

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What Rights do Fathers Have in Florida?

In our previous Florida Paternity FAQs post, we discussed the crisis we have on our hands, that of absentee fathers. Historically, many dads who desired a relationship with their kids were shut out by the kids’ moms, who were then backed by the legal system. The shift away from presuming mothers should be the sole […]

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Atlantis Divorce Lawyer

What do past clients have to say about George Gelb?

We often share George’s accolades and recognitions, which focus on his reputation in the legal community: he was voted a Florida SuperLawyer by his peers he was selected Palm Beach & Martin County’s Top Lawyers he has an AV Preeminent rating with Martindale-Hubbell, a peer-review rating system and more … but we don’t often talk […]

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How to Properly Serve Divorce Papers in Florida

How to Properly Serve Divorce Papers in Florida

When any civil lawsuit is filed in Florida, the Florida Rules of Civil Procedure dictate how the papers must be delivered to the opposing party (respondent). Divorces fall under the civil lawsuit category. The process for delivering legal papers is called Service of Process. If you don’t follow the rules of service properly, your case […]

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Why January is “Divorce Month”

New Year, New You? January has become known as “divorce month”. Not only do the number of divorces nationwide spike in January, but the number of online searches for divorce and divorce-related terms also spike in January and continue through March, with a peak in late March. (Perhaps March should also be titled “divorce month” because […]

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Does Domestic Violence Have an Effect on Divorce?

If you are in an abusive marriage, then yes, domestic violence can affect your divorce. Here’s how. Florida is a no-fault divorce state. That means that people wishing to divorce don’t have to provide any reason other than “irreconcilable differences” — in other words, that they simply don’t want to be married anymore. Since by law […]

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