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Recent Blog Posts

FatherDaughter

Your Ex-Spouse Calling You Crazy Will Only Reflect Badly On Your Ex

By Schwartz | White |

The testimony of psychiatrists and mental health counselors can be useful in family court cases.  If you or your child has sought mental health treatment, the professional opinions of your doctors and counselors hold weight as factors in the court’s decision about parenting time.  For example, your child’s school counselor may know better than… Read More »

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CSupport15

Most Alimony Obligations Are Of A Short Duration, But Child Support Lasts Until The Children Reach Adulthood

By Schwartz | White |

In some marriages, one spouse has a much higher earning capacity than the other.  If the parties were married for a brief period and did not have children together, then the principle of equitable (fair) distribution requires the court to divide the parties’ assets so that each spouse’s financial situation is similar to what… Read More »

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Divorce17

Equitable Distribution Of Passive Income

By Schwartz | White |

Lots of people wish for a source of passive income, but even the ones who don’t get divorced should be careful what they wish for.  Owning a real estate property that you rent out to tenants can be a lucrative source of income, but being a landlord is so much work that one wonders… Read More »

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AssetsSplit

How Non-Marital Assets Affect Your Divorce

By Schwartz | White |

Divorce Monday, the first business Monday of the year, is less than two months away, so lots of unhappily married people have been researching the divorce process in Florida.  If you are one of them, you have probably found out that, in accordance with Florida’s equitable distribution laws, the court divides marital property in… Read More »

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DistraughtMan

Persuading The Court That Your Change In Circumstances Warrants Changes To Your Parenting Plan

By Schwartz | White |

When the court finalizes a couple’s divorce, it issues a permanent parenting plan, but this plan is not as permanent as it may seem.  At most, it will only remain valid until the children reach adulthood; adults are free to spend as much or as little time as they choose with either parent.  Likewise,… Read More »

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DivDecree

What Can Go Wrong If You Represent Yourself In A Divorce?

By Schwartz | White |

Divorce makes everyone’s financial situation worse, at least in the short term.  You might think that, between moving out of your house and your ex-spouse taking their share of the marital property, you will not have any money left to hire a divorce lawyer.  This line of thinking is penny wise and pound foolish,… Read More »

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Alimony27

Permanent Alimony For People Who Are Picky About Jobs?

By Schwartz | White |

Advice columnists and estate planning lawyers alike know the familiar lament of the family member of someone who is holding out for their dream job.  The unrealistic job seeker may have received multiple job offers but turned them down because of a quibble, such as not wanting to commute during rush hour or the… Read More »

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Alimony5

Permanent Alimony Is Not A Wealth-Building Strategy

By Schwartz | White |

When the courts award permanent alimony, they do not do it as a punishment to the wealthier spouse.  They do it because the financially disadvantaged spouse has little or no opportunity to earn income and does not have enough non-marital assets to support themselves; without alimony, the financially disadvantaged spouse would have to rely… Read More »

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DivMoney2

Is The Money Your Ex-Spouse Borrowed For A “Get Out Fund” A Marital Or Separate Debt?

By Schwartz | White |

You probably know some unhappily married people whose biggest obstacle to getting out of their unhappy marriages is money; perhaps you are in that situation yourself.  This is even more difficult for people who are trying to get away from an abusive spouse.  If one spouse insists on controlling all the money and financial… Read More »

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Div24

What Happens If Your Spouse Gets A Severance Package During Your Divorce Case?

By Schwartz | White |

One of the factors that can complicate a divorce case is when one spouse’s income changes by a large margin between the time the parties file for divorce and the time the court dissolves the marriage.  Major conflicts often arise when, during the marriage, one spouse was the main source of financial support for… Read More »

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