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Palm Beach Florida Divorce & Family Law Blog

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ARE ASSETS THAT NO LONGER EXIST INCLUDED IN A DIVISION OF PROPERTY IN FLORIDA?

In a division of property and assets case captioned Roth v. Roth the parties were married for twenty-nine years.  The Former Husband was seventy-four, and the Former Wife was fifty-eight.  Both had high school educations, and both worked in the automotive industry.  The Former Husband was in a car accident…

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HOW ARE PERSONAL INJURY SETTLEMENTS DISTRIBUTED IN A FLORIDA DIVORCE?

In a division of property and assets case captioned Roth v. Roth the Wife appealed the Final Judgment of divorce.  The parties were married for twenty-nine years.  At the time of the hearing, the Wife was fifty-eight and the Husband was seventy-four.  Both of the parties worked in the automotive…

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HOW TO CHALLENGE A PRENUPTIAL AGREEMENT IN FLORIDA

All prenuptial agreements executed after October 1, 2007, must be in writing and signed by the parties.  Premarital agreements executed after October 1, 2007, are not enforceable under the following circumstances.  First, when the agreement was not executed voluntarily.  Second, when the agreement is the product of duress, fraud, coercion…

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ARE ASSETS ACQUIRED AFTER A DIVORCE WAS FILED MARITAL ASSETS?

A division of property and assets case captioned Ritacco v. Ritacco was recently decided by the Florida Court of Appeal.  This case involved a twenty-two year marriage. During the course of the marriage, the parties had two children.  Both are now adults.  The Husband drew a salary, received a pension,…

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PSYCHOLOGICAL EVALUATIONS IN CHILD CUSTODY CASES IN FLORIDA

A parent involved in a child custody and visitation dispute may be required to submit to a psychological evaluation when his or her mental condition is in controversy and good cause is shown for the examination.  Seeking custody and visitation, in and of itself, does not put a parent’s psychological…

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