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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Woman Romancing With Man At Helm Of Yacht

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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Divorce During the Holidays

Divorce During the Holidays – Good or Bad Idea?

The holidays are upon us once again. If you’ve been living with an unhappy marriage and thinking about filing for divorce, you may be dreading another holiday season, wondering if you can make it through another one with your spouse. Or perhaps you’re wondering if waiting till after the holidays would be better for your […]

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The Difference Between Shared Parenting and Joint Custody

The Difference Between Shared Parenting and Joint Custody

As you probably know by now, Florida law has done away with the terms “child custody”, “custodial parent”, “primary residence” and “visitation” (among others) as they relate to divorced couples with children, and it has replaced the old terms with these new ones: “parenting plans”, “parental responsibility”, and “timesharing”. This isn’t a new change — […]

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DA Will Not Charge FSU Law Prof’s In-Laws with Murder

In a previous post, we updated you on the murder case involving Florida State University law professor Dan Markel. In July 2014, Markel was murdered execution-style while sitting in his car at his Tallahassee home. Two men have been charged with Markel’s murder: 34-year-old Sigfredo Garcia and 33-year-old Luis Rivera. They will stand trial in […]

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