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What Is Contempt of Court in a Family Law Case?

Mon, 20 Apr 2026 19:07:45 GMT

What Is Contempt of Court in a Family Law Case?

Family law cases often involve court orders that both parties must follow, such as child support payments, custody arrangements, or alimony obligations. When one party fails to comply with these orders, the court may take action through a legal concept known as contempt of court. Understanding what contempt of court means and how it can impact your case is essential if you are involved in a family law matter in Boca Raton.

At the Law Offices of Robert L. Bogen, we provide legal assistance to individuals navigating family law issues and help ensure that court orders are properly enforced.

Understanding Contempt of Court

Contempt of court occurs when a person willfully disobeys a court order or behaves in a way that disrespects the authority of the court. In family law cases, contempt typically arises when one party fails to comply with obligations established in a divorce decree, parenting plan, or other court-issued order.

For a court to find someone in contempt, it must generally determine that:

A valid court order existed
The person had knowledge of the order
The person had the ability to comply
The person willfully failed to comply

Common Examples in Family Law Cases

Contempt of court can arise in many family law situations. Some of the most common examples include:

Failure to Pay Child Support: Missing or refusing to make required payments
Violation of Custody or Time-Sharing Orders: Not following the agreed-upon parenting schedule
Failure to Pay Alimony: Ignoring spousal support obligations
Refusal to Comply with Court Orders: Such as failing to transfer property or follow court-mandated actions

These violations can significantly affect both parties and may prompt legal intervention.

Types of Contempt

There are generally two types of contempt in family law cases:

Civil Contempt: This is used to compel compliance with a court order. The goal is not to punish but to enforce the order. For example, a judge may require payment of overdue child support or impose fines until compliance is achieved.
Criminal Contempt: This is intended to punish behavior that disrespects the court or violates its authority. It may involve penalties such as fines or jail time.

Understanding the distinction is important because each type carries different legal consequences and procedures.

Possible Consequences of Contempt

Being found in contempt of court can result in serious penalties. Depending on the circumstances, consequences may include:

Fines
Wage garnishment
Suspension of driver’s or professional licenses
Modification of custody arrangements
Jail time in severe cases

The court’s primary goal is often to ensure compliance, but penalties can escalate if violations continue.

How Contempt Proceedings Work

If one party believes the other has violated a court order, they can file a motion for contempt with the court. The process typically includes:

Filing the motion outlining the violation
Serving the other party with notice
Attending a court hearing
Presenting evidence and testimony

The judge will then determine whether contempt has occurred and what penalties or corrective actions are appropriate.

Defending Against Contempt Allegations

If you are accused of contempt, you have the right to defend yourself. One of the most common defenses is demonstrating that you did not have the ability to comply with the order. For example, a sudden job loss or medical emergency may explain missed payments.

It is important to provide clear evidence and documentation to support your position. Acting quickly can help protect your rights and avoid severe consequences.

How Legal Guidance Can Help

Contempt proceedings can be complex and carry significant legal risks. Whether you are seeking to enforce a court order or defend against allegations, having legal guidance can make a meaningful difference.

At the Law Offices of Robert L. Bogen, we assist Boca Raton clients with enforcing court orders, responding to contempt claims, and navigating family law disputes with confidence.

When and How to Modify Alimony in Florida

Thu, 05 Mar 2026 17:50:08 GMT

When and How to Modify Alimony in Florida

Alimony is often awarded during a Florida divorce to provide financial support to a spouse who may need assistance adjusting after the marriage ends. However, circumstances can change after a divorce is finalized. Changes in income, employment, health, or living arrangements may make an existing alimony order no longer fair or practical.

Florida law allows certain alimony orders to be modified when a substantial change in circumstances occurs. Understanding when and how alimony can be modified is important for individuals who are either paying or receiving support. Residents in Boca Raton who are considering a modification should understand the legal requirements and the process involved.

When Alimony Can Be Modified in Florida

In Florida, alimony modifications are not automatic. A court must approve any change to an existing alimony order. To request a modification, the person seeking the change must demonstrate that a substantial, material, and unanticipated change in circumstances has occurred since the original order was entered.

Some common situations that may justify modifying alimony include:

A significant increase or decrease in either party’s income
Job loss or a major change in employment
Retirement in certain circumstances
A serious illness or disability affecting earning ability
Changes in financial needs of either party

The court will evaluate whether the change is significant enough to warrant adjusting the support amount or the duration of payments.

Types of Alimony That May Be Modified

Not all forms of alimony are treated the same under Florida law. Some types of alimony are modifiable, while others are not.

For example, durational alimony may be modified in amount if circumstances change but generally cannot be extended beyond the length of the marriage. Rehabilitative alimony may also be modified or terminated if the receiving spouse completes or fails to follow the rehabilitation plan.

However, lump-sum alimony is usually not modifiable once ordered. The specific terms of the divorce judgment will determine whether a particular alimony award can be changed.

Remarriage or Supportive Relationships

A recipient’s remarriage typically ends alimony obligations in Florida. Additionally, alimony may be reduced or terminated if the receiving spouse enters into a supportive relationship , which is similar to a marriage-like living arrangement where financial resources are shared.

Courts consider several factors when determining whether a supportive relationship exists, including shared expenses, cohabitation, and the length of the relationship.

The Legal Process for Modifying Alimony

To modify alimony, the requesting party must file a Supplemental Petition for Modification with the Florida family court that issued the original order. The petition must explain the change in circumstances and request the desired modification.

The process may involve:

Filing the petition with the court
Serving the other party with the legal documents
Exchanging financial information
Negotiation or mediation
A court hearing if the parties cannot reach an agreement

During the hearing, a judge will review evidence and determine whether the requested change meets Florida’s legal standards.

Why Legal Guidance Can Be Important

Alimony modification cases can involve detailed financial documentation and legal arguments about whether a change in circumstances qualifies under Florida law. Courts carefully review the facts before approving any modification.

Working with a family law attorney can help ensure that the petition is properly prepared, evidence is presented clearly, and the client’s financial interests are represented throughout the process.

At Law Offices of Robert L. Bogen , we can provide legal assistance to the Boca Raton public for matters involving alimony modifications and other family law concerns.

Can Siblings Be Separated in a Florida Custody Case?

Thu, 19 Feb 2026 15:52:56 GMT

Can Siblings Be Separated in a Florida Custody Case?

When parents separate or divorce in Florida, one of the most emotional and complex issues involves child custody. While courts generally try to preserve sibling relationships, there are situations where siblings may be separated in a Florida custody case. Understanding how courts approach this issue can help parents prepare for what lies ahead.

At the Law Offices of Robert L. Bogen, we provide legal assistance to the Boca Raton public in family law matters , including child custody disputes involving multiple children.

Florida’s Focus on the Best Interests of the Child

In Florida, child custody is legally referred to as “time-sharing” and parental responsibility. Courts do not automatically assume that siblings must always remain together. Instead, judges evaluate each case based on the best interests of the child standard.

Florida law outlines several factors courts must consider, including:

Each parent’s ability to provide a stable environment
The moral fitness and mental and physical health of the parents
The child’s home, school, and community record
The willingness of each parent to encourage a close relationship with the other parent
Any history of domestic violence or substance abuse

While keeping siblings together is often viewed as beneficial, it is not an absolute rule.

Why Would a Court Separate Siblings?

Although courts generally prefer to keep siblings in the same household, separation may occur in certain circumstances.

Some examples include:

Different Needs: One child may have medical, educational, or emotional needs that one parent is better equipped to handle.
Strong Preference of an Older Child: If a child is mature enough, the court may consider their preference.
Conflict Between Siblings: In rare situations, serious conflict between siblings may support separation.
Different Parental Bonds: One child may have a significantly stronger bond with one parent.

Courts will closely examine the facts before deciding to separate siblings, as maintaining sibling relationships is typically considered important for emotional stability.

How Judges Evaluate Sibling Relationships

Judges understand that siblings often provide emotional support to one another during divorce. As a result, separating siblings is not common and usually requires clear evidence that doing so serves the children’s overall well-being.

The court may review:

Testimony from parents
School and medical records
Input from therapists or counselors
Recommendations from a guardian ad litem, if appointed

Every case is fact-specific, and no two families are alike.

Can Parents Agree to Separate Siblings?

Parents may reach their own time-sharing agreement that includes separating siblings. However, even if both parents agree, the court must approve the arrangement. If a judge believes the agreement does not serve the children’s best interests, the court can reject or modify it.

For this reason, it is important to carefully evaluate any proposed custody arrangement before submitting it to the court.

Legal Guidance for Boca Raton Families

Child custody disputes involving multiple children can be particularly complex. Whether you are seeking to keep siblings together or believe separation may be appropriate, presenting clear and persuasive evidence is critical.

At the Law Offices of Robert L. Bogen, we assist families in Boca Raton with custody and time-sharing matters, helping parents understand their rights and responsibilities under Florida law.

How Long Does a Divorce Take in Florida?

Thu, 29 Jan 2026 20:46:22 GMT

How Long Does a Divorce Take in Florida?

Divorce is rarely just a legal process—it’s an emotional and practical transition that raises many questions. One of the most common concerns for spouses in Florida is how long the divorce process will take. The answer depends on several factors, including whether the divorce is contested, how cooperative the parties are, and the complexity of the issues involved. Understanding the general timeline can help set realistic expectations and reduce uncertainty.

At the Law Offices of Robert L. Bogen, we provide legal assistance to the Boca Raton public and help individuals navigate each stage of the Florida divorce process with clarity and confidence.

Florida’s Residency Requirement

Before a divorce can even be filed in Florida, at least one spouse must have lived in the state for a minimum of six months. This residency requirement is mandatory and applies statewide, including in Boca Raton. Once this condition is met, the divorce process can formally begin.

Uncontested Divorces and Typical Timelines

An uncontested divorce is generally the fastest option. This occurs when both spouses agree on all major issues, such as property division, child custody, child

support, and alimony. In these cases, the process is mostly administrative.

After filing the necessary paperwork, Florida law requires a mandatory 20-day waiting period before a judge can finalize the divorce. Many uncontested divorces are completed shortly after this waiting period, often within four to six weeks, assuming all documents are properly prepared and filed.

Contested Divorces Take Longer

When spouses cannot agree on one or more key issues, the divorce becomes contested. Contested divorces take significantly longer because they may involve negotiations, mediation, discovery, and court hearings.

In Florida, a contested divorce can take anywhere from several months to over a year. Cases involving disputes over child custody, complex assets, or ongoing conflict between spouses tend to last longer. Court schedules and the willingness of both parties to compromise also play a major role in the overall timeline.

Factors That Can Affect the Length of a Divorce

Several variables can either speed up or delay a Florida divorce:

Child-related issues: Disagreements about parenting plans, time-sharing, or child support often extend the process.
Property and debt division: Dividing real estate, retirement accounts, or business interests can be time-consuming.
Court availability: Busy court dockets in South Florida can cause delays in hearings and trial dates.
Level of cooperation: The more cooperative both spouses are, the faster the case is likely to move forward.

Mandatory Mediation in Florida Divorces

Florida courts often require mediation before a contested divorce proceeds to trial. Mediation gives both parties the opportunity to resolve disputes with the help of a neutral third party. If mediation is successful, it can significantly shorten the divorce timeline by avoiding prolonged litigation.

Final Judgment and Closing the Case

Once all issues are resolved—either through agreement or court decision—a judge will issue a final judgment of dissolution of marriage. At that point, the

divorce is legally complete. The timing of this final step depends on how quickly outstanding matters are addressed and how soon the court can enter the final order.

Why Legal Guidance Matters

Even straightforward divorces involve legal procedures that must be followed carefully. Mistakes or delays in paperwork can slow the process. Having knowledgeable legal guidance helps ensure that filings are accurate, deadlines are met, and issues are addressed efficiently.

At the Law Offices of Robert L. Bogen, we provide legal assistance to the Boca Raton public and help clients understand what to expect at each stage of a Florida divorce. With the right approach, it is often possible to avoid unnecessary delays and move forward toward resolution.

How Florida Family Law Treats Unmarried Couples with Children

Fri, 02 Jan 2026 16:11:44 GMT

How Florida Family Law Treats Unmarried Couples with Children

When unmarried couples in Florida have children together, they often face the same parenting challenges as married parents—but the legal process for establishing rights and responsibilities is different. Understanding how Florida family law handles issues such as custody, child support, and parental rights is essential for protecting both the child’s well-being and each parent’s relationship with the child. At the Law Offices of Robert L. Bogen, we can provide legal assistance to the Boca Raton public navigating these important matters.

Establishing Legal Paternity

For unmarried parents, legal paternity must be established before the father has enforceable parental rights. This can be done voluntarily by signing the Florida Acknowledgment of Paternity form at the hospital or filing with the Florida Bureau of Vital Statistics. If paternity is disputed, either parent may request genetic testing through a court order.

Once paternity is legally recognized, the father gains rights such as shared parental responsibility, timesharing, and the ability to participate in decisions affecting the child.

Parental Responsibility and Timesharing

Florida does not use the terms “custody” or “visitation.” Instead, the law refers to parental responsibility and timesharing .
Unmarried parents are treated the same as married parents when determining:

How parenting decisions will be made
How much time each parent will spend with the child
What arrangement serves the child’s best interests

A Parenting Plan is required in every case involving minor children. It outlines timesharing schedules, decision-making authority, communication expectations, and more.

Child Support Obligations

Child support is calculated the same way for unmarried and married parents. Florida uses a statutory formula that considers:

Each parent’s income
The number of children
Medical insurance and childcare costs
The timesharing arrangement

Support is intended to ensure the child receives financial stability regardless of the parents’ relationship status.

Relocation and Other Parenting Disputes

If a parent wishes to relocate more than 50 miles for more than 60 days, Florida’s relocation laws require either parental agreement or a court order.
Unmarried parents must follow the same procedures as married parents, including filing a petition and proving that the move is in the child’s best interest.

Other disputes—such as modifications of timesharing or disagreements over schooling or medical care—are resolved through family court, which prioritizes the child’s well-being above all else.

Why Legal Guidance Matters

Unmarried parents often assume they have automatic rights, but that is not always the case—especially for fathers. Establishing legal parentage, obtaining a Parenting Plan, and ensuring fair child support arrangements are crucial steps.

At the Law Offices of Robert L. Bogen, we assist Boca Raton parents with establishing rights, resolving disputes, and securing long-term stability for their children.

Understanding Your Rights as a Father in a Florida Custody Case

Fri, 14 Nov 2025 21:14:00 GMT

Understanding Your Rights as a Father in a Florida Custody Case

When fathers face child custody disputes in Florida, many worry that the court may favor the mother. However, Florida law recognizes the importance of both parents in a child’s life. Fathers have equal rights and opportunities to seek custody and time-sharing under state law. Understanding these rights—and how to assert them—can make a significant difference in the outcome of your case.

Equal Parenting Rights in Florida

Florida law does not automatically favor one parent over the other. Instead, custody decisions are based on what is in the best interests of the child . This means both mothers and fathers start on equal footing when the court determines parenting plans, time-sharing schedules, and parental responsibilities.

A father’s rights include:

Seeking joint or sole custody (time-sharing)
Participating in major decisions regarding education, healthcare, and religion
Maintaining regular contact with their child
Requesting fair child support terms based on accurate financial information

Establishing Paternity

For unmarried fathers, establishing paternity is the first step toward securing custody rights. This can be done voluntarily by signing a paternity acknowledgment form or through a court order after genetic testing. Once paternity is established, fathers gain legal standing to seek custody and visitation rights.

Building a Strong Custody Case

Courts consider several factors when deciding custody, such as each parent’s ability to provide a stable home, promote the child’s well-being, and encourage a relationship with the other parent. Fathers who demonstrate consistent involvement, emotional support, and responsible parenting often receive meaningful time-sharing arrangements.

Protecting Your Parental Rights

If you are a father facing a custody dispute, it is crucial to act promptly. Whether you are establishing paternity, modifying an existing parenting plan, or responding to a custody petition, having experienced legal representation can help protect your rights and your child’s best interests.

At Law Offices of Robert L. Bogen , we can provide legal assistance to the Boca Raton public . Our team understands how to navigate the complexities of Florida custody law and work toward fair parenting arrangements for fathers.

Can I Date During My Divorce? What Florida Law and Strategy Suggest

Tue, 21 Oct 2025 19:38:05 GMT

Can I Date During My Divorce? What Florida Law and Strategy Suggest

Divorce can be an emotionally taxing process, and it’s natural to want companionship during this time. However, dating while your divorce is pending in Florida can have legal and strategic consequences that may affect your case—especially when issues like alimony, child custody, and property division are at stake.

Under Florida law, there is no statute prohibiting dating before a divorce is finalized. However, because Florida recognizes no-fault divorce, meaning neither spouse needs to prove wrongdoing, dating can still indirectly influence the proceedings. For example, if your spouse’s attorney can demonstrate that your new relationship has had a financial impact—such as spending marital funds on dates or gifts—it could affect equitable distribution or alimony determinations.

When children are involved, dating during a divorce can complicate custody matters. Judges often consider what’s in the “best interest of the child,” and introducing a new partner too soon might be viewed as disruptive to the child’s emotional stability. Even if your relationship is healthy, timing and discretion are key to maintaining credibility with the court.

Strategically, many family law attorneys recommend waiting until your divorce is final before entering into new romantic relationships. If you do choose to date, avoid introducing your new partner to your children right away, refrain from posting about the relationship on social media, and keep all financial boundaries clear.

At the Law Offices of Robert L. Bogen , we can help you navigate the legal and emotional complexities of divorce in Florida. Our firm assists Boca Raton residents in protecting their rights and making informed choices that won’t jeopardize their case.

Will I Have to Pay Alimony in Florida? Types and Trends in Spousal Support

Mon, 22 Sep 2025 16:27:24 GMT

Will I Have to Pay Alimony in Florida? Types and Trends in Spousal Support

Divorce often raises difficult questions about financial stability. One of the most common concerns in Florida is whether alimony—also known as spousal support—will be awarded. Alimony is intended to provide financial assistance to a spouse who may be economically disadvantaged after a divorce. Florida law allows for several different types of alimony, and recent legislative changes have shaped how courts determine these awards.

Types of Alimony in Florida

Florida recognizes several forms of alimony, each serving a different purpose:

Temporary Alimony – Awarded during the divorce process to help one spouse cover living expenses until the divorce is finalized.
Bridge-the-Gap Alimony – Short-term support to help a spouse transition from married to single life, often lasting no more than two years.
Rehabilitative Alimony – Granted to help a spouse gain education, training, or work experience to become self-sufficient.
Durational Alimony – Provides support for a set period after shorter marriages when permanent support isn’t appropriate.
Permanent Alimony (Recently Eliminated) – Florida’s laws changed in 2023, eliminating permanent alimony. This reflects a trend toward encouraging financial independence rather than indefinite support.

Factors Courts Consider

Whether alimony is awarded depends on several factors, including:

Length of the marriage.
Each spouse’s income and earning capacity.
Contributions to the marriage, both financial and non-financial.
Standard of living established during the marriage.

Judges aim to balance fairness by considering the needs of one spouse and the ability of the other to pay.

Recent Trends in Florida

Florida has shifted toward limiting long-term support and encouraging self-sufficiency. The elimination of permanent alimony is a significant change, signaling a trend toward temporary or transitional forms of support. Courts are also emphasizing rehabilitative alimony as a tool for financial independence.

Conclusion

If you are going through a divorce in Florida, understanding how alimony may apply to your situation is essential. At Law Offices of Robert L. Bogen, we can provide legal assistance to the Boca Raton public and help you navigate these financial issues with clarity and guidance.

Changing Your Name After Divorce in Florida: A Step-by-Step Guide

Thu, 07 Aug 2025 14:26:02 GMT

Changing Your Name After Divorce in Florida: A Step-by-Step Guide

Going through a divorce often signals a fresh start, and for many, that includes changing their name back to a previous surname. If you’re considering a name change after divorce in Florida, the process can be relatively straightforward—especially when it’s included in your divorce judgment. At the Law Offices of Robert L. Bogen, we help individuals in Boca Raton understand and navigate this important step with clarity and confidence.

Step 1: Request the Name Change in Your Divorce Petition or Final Judgment

The easiest way to change your name after a divorce is to include the request as part of your initial divorce paperwork or ask the judge to include it in the final divorce judgment. If the court grants it, the judgment will contain language restoring your previous name—no additional court filing is required.

Step 2: Obtain a Certified Copy of the Final Judgment

You’ll need a certified copy of the divorce decree that includes the name change provision. You can request this from the clerk of court in the county where your divorce was finalized. There may be a small fee, and you may need multiple copies for updating official records.

Step 3: Update Your Social Security Record

Take your certified judgment to your local Social Security office. Fill out Form SS-5 (available online or in-office) and provide proof of identity and U.S. citizenship or legal status. Once processed, you’ll receive a new Social Security card with your new (or former) name.

Step 4: Change Your Name on Your Florida Driver’s License

After your Social Security record is updated, head to your local Florida Department of Highway Safety and Motor Vehicles (FLHSMV) office. Bring your certified divorce decree, updated Social Security card, and proof of residence. The DMV will issue a new license showing your correct name.

Step 5: Notify Other Agencies and Institutions

Next, you’ll want to update your name with:

Banks and credit cards
Insurance providers
Utility companies
Your employer
Passport office
Voter registration
Medical providers
IRS

Each entity may have its own documentation requirements, so call ahead or check online before visiting.

What If You Didn’t Request a Name Change During the Divorce?

If your divorce decree does not include a name change, you can still restore your previous name by filing a separate petition for name change with the court. This process will include fingerprinting, a background check, and a hearing before a judge. While it’s more time-consuming, it’s still a viable option.

Legal Support for Your Post-Divorce Name Change

At the Law Offices of Robert L. Bogen , we assist clients throughout Boca Raton with legal matters surrounding divorce—including name changes. Whether your name change was included in your divorce decree or you need to pursue it afterward, we can provide guidance tailored to your situation.

How Grandparents Can Seek Visitation Rights in Florida

Tue, 15 Jul 2025 14:07:25 GMT

How Grandparents Can Seek Visitation Rights in Florida

Grandparents play an important role in the lives of children, offering love, support, and a sense of family history. However, when family dynamics shift due to divorce, separation, or the death of a parent, grandparents in Florida may find themselves cut off from their grandchildren. If you’re a grandparent in this difficult situation, you may wonder what legal options are available to maintain that meaningful bond.

At the Law Offices of Robert L. Bogen , we help grandparents throughout Palm Beach County understand their rights and explore possible legal remedies under Florida law.

Understanding Florida Law on Grandparent Visitation

Florida is known for having one of the more restrictive approaches when it comes to grandparents' visitation rights. In general, parents have the constitutional right to make decisions about who sees their children. That includes the right to limit or even deny visits from grandparents. However, there are specific circumstances in which grandparents can petition the court for visitation.

When Can Grandparents Petition for Visitation in Florida?

Under Florida Statutes §752.011 , grandparents may petition for visitation when:

One or both parents are deceased, missing, or in a persistent vegetative state , or
One parent is deceased, missing, or incapacitated , and the other parent has been convicted of a felony or violent offense that poses a threat to the child’s welfare.

Even in these cases, grandparents must demonstrate that:

Visitation is in the best interest of the child , and
Denying visitation would harm the child’s mental, emotional, or physical well-being .

What Courts Consider in Visitation Cases

When evaluating a petition for grandparent visitation, Florida courts weigh several factors, including:

The previous relationship between the grandparent and child
The child’s preference , if they are mature enough
The mental and physical health of both the grandparent and child
Whether visitation will interfere with the parent-child relationship

Courts will not automatically grant visitation, even if a grandparent meets the legal requirements. It is a fact-sensitive and high-standard process that typically involves presenting strong evidence and testimony.

Legal Help for Grandparents in Palm Beach County

Navigating a visitation petition requires clear legal guidance. At the Law Offices of Robert L. Bogen , we assist grandparents in Palm Beach County in:

Evaluating whether they meet the legal standard
Preparing and filing a visitation petition
Gathering evidence to support the claim
Representing them in court proceedings

We understand how emotionally charged these matters can be and strive to provide compassionate and thorough legal support every step of the way.

Parental Relocation in Florida: What You Must Know Before Moving with Your Child

Thu, 19 Jun 2025 21:15:32 GMT

Parental Relocation in Florida: What You Must Know Before Moving with Your Child

If you’re a parent subject to a custody order in Florida and considering relocating with your child, there are legal steps you must take before making the move. Relocation cases can be emotional and complex, especially when one parent disagrees with the move. Understanding Florida law and preparing in advance can help you avoid costly mistakes.

At the Law Offices of Robert L. Bogen, we assist clients in Palm Beach County with custody and relocation matters, helping them navigate the legal process effectively.

What Is Considered “Relocation” Under Florida Law?

In Florida, relocation means moving your primary residence at least 50 miles away from your current home for 60 days or more. This applies whether the move is for a new job, family support, or a fresh start. If both parents share custody or if one parent has court-ordered time-sharing, you cannot simply pack up and go.

Consent or Court Approval Is Required

Florida law requires either:

Written agreement by both parents , or
Court approval via a petition for relocation

If the other parent agrees to the move, the agreement must include a new time-sharing schedule and transportation arrangements. Without agreement, the relocating parent must file a Petition to Relocate and notify the other parent.

What Happens After You File a Relocation Petition?

The non-relocating parent has 20 days to object in writing. If they do, the court will schedule a hearing. During this process, the court evaluates what is in the best interests of the child , not the convenience of either parent.

Factors the court may consider include:

The child's relationship with each parent
Educational and emotional benefits of the proposed relocation
The child's preference (if age-appropriate)
Whether the move will improve quality of life
Each parent’s reasons for seeking or opposing the move

Relocating Without Permission Can Have Consequences

If you move without the other parent’s consent or court approval, the court may order the child returned and modify your custody rights. Florida courts take relocation violations seriously, so compliance is critical.

How an Attorney Can Help

An attorney can help you:

Draft or review a relocation agreement
File a proper petition and supporting documentation
Prepare for mediation or court hearings
Present evidence that supports your position

At the Law Offices of Robert L. Bogen, we are committed to helping parents in Palm Beach County protect their rights and their children's best interests during relocation cases.

How to Modify Child Support Orders in Florida: A Step-by-Step Guide

Tue, 13 May 2025 19:53:15 GMT

How to Modify Child Support Orders in Florida: A Step-by-Step Guide

When life circumstances change, child support orders may need to be adjusted. Whether you've lost a job, had a significant change in income, or your child's needs have changed, Florida law allows parents to request modifications to existing child support orders. At the Law Offices of Robert L. Bogen , we assist Boca Raton families through the legal process of seeking fair and lawful changes.

Step 1: Understand the Legal Basis for Modification

Florida courts will only consider modifying a child support order if there has been a substantial, material, and unanticipated change in circumstances. Some common examples include:

A significant increase or decrease in income
Loss of employment
Changes in the child’s health or educational needs
A change in custody or timesharing arrangement

Additionally, Florida requires that the proposed change would result in at least a 15% or $50 difference (whichever is greater) in the monthly payment amount.

Step 2: Gather Documentation

You'll need to provide evidence supporting your request for modification. This might include:

Recent pay stubs or tax returns
Medical bills or educational expenses for the child
Documentation showing loss of employment or income

Accurate and thorough documentation will help the court understand your situation and make a fair determination.

Step 3: File a Supplemental Petition

To begin the legal process, you must file a Supplemental Petition to Modify Child Support with the court that issued the original order. You’ll also need to serve the other parent with the petition and accompanying documents.

Step 4: Attend a Hearing (if required)

In many cases, the court will schedule a hearing where both parents can present their evidence and argue their positions. A judge will then decide whether a modification is justified based on Florida’s guidelines.

Step 5: Receive the Modified Order

If the court approves the modification, a new child support order will be issued. This order will replace the original one and will be enforceable moving forward.

How the Law Offices of Robert L. Bogen Can Help

Navigating child support modifications can be legally complex and emotionally charged. At our Boca Raton office, we guide parents through each step of the process—from evaluating eligibility to filing the necessary paperwork and representing clients at hearings. Our goal is to ensure that support orders reflect your current reality and protect your child’s best interests.

How Long Does Spousal Support Last After Divorce in Florida?

Thu, 01 May 2025 14:56:18 GMT

Understanding Spousal Support Duration in Florida

In Florida, spousal support—also known as alimony—is designed to provide financial assistance to a former spouse after divorce. However, how long that support lasts depends on several factors, including the type of alimony awarded, the length of the marriage, and the specific circumstances of both parties. At the Law Offices of Robert L. Bogen , we help individuals in Boca Raton understand and navigate these legal decisions with clarity and confidence.

Types of Alimony and Their Duration

Florida recognizes several types of alimony, each with different timelines:

1. Temporary Alimony

This support is granted during the divorce process and ends once the divorce is finalized.

2. Bridge-the-Gap Alimony

Designed to assist with short-term needs as one spouse transitions from married to single life, this form of support cannot exceed 2 years and cannot be modified.

3. Rehabilitative Alimony

If one spouse needs education, training, or work experience to become self-sufficient, rehabilitative alimony may be awarded. This support is based on a clear, defined plan and typically lasts only as long as necessary to complete that plan.

4. Durational Alimony

For moderate- or long-term marriages, durational alimony provides support for a set period of time. Importantly, it cannot exceed the length of the marriage . For example, if the marriage lasted 10 years, the maximum duration of alimony is also 10 years.

5. Permanent Alimony (Limited Availability)

As of recent reforms, permanent alimony is now extremely limited in Florida. It may be considered only in exceptional cases involving long-term marriages and where one spouse is permanently unable to support themselves. Even then, courts must first determine whether another form of alimony would suffice.

Key Factors Courts Consider

Florida judges take into account multiple factors when determining the duration and amount of spousal support:

Length of the marriage
Standard of living during the marriage
Age and health of each spouse
Earning capacity and employability
Contributions to the marriage (including homemaking and child care)

Can Alimony Be Modified or Terminated?

Yes. Some forms of alimony, such as durational and rehabilitative, can be modified or terminated if there’s a substantial change in circumstances , such as:

The recipient's remarriage
The paying party’s loss of income
Retirement

However, bridge-the-gap alimony is not modifiable under Florida law.

Get the Legal Support You Need in Boca Raton

Understanding how long spousal support lasts in Florida can be confusing, especially during an emotionally charged time like divorce. At the Law Offices of Robert L. Bogen , we provide clear legal guidance to individuals in Boca Raton who need help understanding or negotiating alimony terms. Whether you’re paying or receiving support, our firm can help you protect your financial future.

What to Expect at a Child Custody Hearing in Palm Beach County

Tue, 25 Mar 2025 15:35:11 GMT

What to Expect at a Child Custody Hearing in Palm Beach County

Navigating a child custody hearing can be emotionally challenging and legally complex. Knowing what to anticipate beforehand can ease anxiety and help you feel better prepared. At the Law Offices of Robert L. Bogen, we regularly guide clients in Palm Beach County through this important legal process, ensuring they clearly understand each step.

Preparing for the Hearing

Before your hearing, thorough preparation is key. Your attorney will discuss your case extensively, gathering important documents such as financial records, evidence of your involvement in your child's life, and any relevant communications between you and the other parent. Being organized and informed helps you present your best case to the judge.

What Happens During the Hearing?

During the custody hearing, the judge will review the evidence, listen to testimonies from both parents, and may also hear from witnesses, family members, or experts. The goal is always to determine what's in the child's best interests. Factors considered typically include each parent's ability to provide a stable home, their relationship with the child, the child's needs, and the parents' ability to cooperate.

You can expect your attorney to advocate strongly on your behalf, presenting evidence clearly and effectively to support your case.

Possible Outcomes of the Hearing

After hearing from both sides, the judge will decide on a custody arrangement. Outcomes can vary widely—from joint custody, where parents share decision-making responsibilities, to sole custody, where one parent has primary control. The judge may also address visitation rights and establish schedules to provide stability and predictability for your child.

How the Law Offices of Robert L. Bogen Can Help

Facing a child custody hearing without experienced legal representation can put your interests—and your child's well-being—at risk. At the Law Offices of Robert L. Bogen, our attorneys work closely with Palm Beach County families, providing compassionate guidance and assertive representation to protect your parental rights and advocate for your child’s best interests.

The Role of a Guardian Ad Litem in Florida Custody Cases

Tue, 18 Feb 2025 17:26:53 GMT

The Role of a Guardian Ad Litem in Florida Custody Cases

In Florida custody disputes, the court’s primary concern is the child’s best interests. When a case involves significant conflict or concerns about a child’s welfare, a Guardian Ad Litem (GAL) may be appointed to provide an objective assessment of the situation. At T.K. Thompson & Associates, we assist the Palm Beach County community in understanding and navigating the role of a GAL in custody proceedings.

What Is a Guardian Ad Litem?

A Guardian Ad Litem is a court-appointed advocate assigned to investigate and report on a child’s best interests. Unlike an attorney who represents a parent, a GAL remains neutral and focuses solely on the child's well-being. The GAL gathers information, interviews relevant parties, and provides recommendations to the court regarding custody and visitation.

When Is a Guardian Ad Litem Appointed?

A GAL may be appointed in cases involving:

Allegations of neglect, abuse, or domestic violence
High-conflict custody disputes
Parental alienation claims
Concerns about a parent’s ability to provide a stable environment

The court can appoint a GAL on its own initiative or at the request of either parent.

What Does a Guardian Ad Litem Do?

The GAL conducts a thorough investigation, which includes:

Interviewing the child, parents, and other important figures (teachers, relatives, therapists)
Observing the child's living conditions
Reviewing school and medical records
Attending court hearings and making recommendations based on their findings

The GAL's findings help the court determine what custody arrangement serves the child’s best interests.

How a Guardian Ad Litem Can Impact a Custody Case

The court often gives significant weight to a GAL’s recommendations. Their reports provide judges with an impartial perspective, which can influence custody decisions, visitation schedules, and even parental rights.

Legal Guidance for Custody Matters

If a GAL is involved in your custody case, legal representation is crucial. At T.K. Thompson & Associates, we help parents understand the GAL’s role and ensure their parental rights are protected. Contact us to discuss your custody case and learn how we can assist you in navigating the legal process.

How Is Property Divided in a Florida Divorce?

Thu, 30 Jan 2025 20:27:58 GMT

How Is Property Divided in a Florida Divorce?

Dividing property in a Florida divorce can be a complex process, as the state follows equitable distribution laws . This means that assets and debts are not automatically split 50/50 but are divided in a way that the court considers fair and just . At Law Offices of Robert L. Bogen , we help individuals in Palm Beach County protect their financial interests and navigate property division in divorce proceedings.

In Florida, the first step in property division is determining what is marital property and what is separate property :

Marital Property – Assets acquired during the marriage , including real estate, income, retirement accounts, investments, and debts. These are subject to division.
Separate Property – Assets owned before the marriage or acquired through inheritance or gifts (as long as they were not commingled with marital assets). These typically remain with the original owner.

When dividing property, Florida courts consider several factors to ensure equitable distribution , including:

Each spouse’s financial contribution to the marriage
Length of the marriage
Each spouse’s earning capacity and financial needs
Child custody arrangements and who will remain in the marital home
Dissipation of assets (whether one spouse wasted marital funds)

Because equitable distribution does not always mean an equal split , having legal representation is crucial to protect your assets and financial future .

If you are facing a divorce in Palm Beach County , Law Offices of Robert L. Bogen can help you understand your rights and advocate for a fair property division outcome.

Myths about Spousal Support After Divorce

Fri, 20 Dec 2024 20:43:20 GMT

Myths about Spousal Support after Divorce

Spousal support, also known as alimony, is often a complex and emotional aspect of divorce proceedings. Many individuals have misconceptions about how it works and who qualifies for it. If you are going through a divorce, it's important to separate fact from fiction to make informed decisions about your future. In this post, we will explore common myths about spousal support and provide clarity on how the process really works in Florida.

Myth: Spousal Support is Automatically Granted in Every Divorce

One of the most common myths about spousal support is that it is automatically awarded in every divorce. In reality, spousal support is not guaranteed. Florida courts determine whether spousal support is appropriate based on several factors, including the length of the marriage, each spouse’s financial situation, and the standard of living during the marriage. A judge will evaluate the needs of the lower-earning spouse and the ability of the higher-earning spouse to pay.

Myth: Alimony Payments are Permanent

Another common misconception is that alimony payments are permanent. While permanent alimony may be awarded in certain cases, it is not the norm. The length of time that alimony is paid depends on various factors, such as the duration of the marriage, the financial and emotional needs of the spouse receiving support, and any changes in circumstances. In many cases, alimony is awarded for a specific duration, after which payments may end or be modified based on changes in either spouse’s financial situation.

Myth: Only Women Receive Spousal Support

There is also a widespread belief that only women are entitled to spousal support after a divorce. This is simply not true. In Florida, spousal support can be awarded to either spouse, regardless of gender. If a man has been the lower earner in the marriage, he may be entitled to spousal support just as a woman might be. The court considers the financial situation of both spouses, rather than their gender when making a determination.

Myth: Spousal Support is Always the Same Amount

Some people assume that alimony is calculated in a standard way and the amount awarded is always the same. However, there is no set formula for determining alimony in Florida. The court considers several factors, such as the length of the marriage, the financial needs and resources of both parties and the standard of living established during the marriage. Each case is unique, and the final amount is determined based on the specifics of the situation.

Myth: Spousal Support Cannot Be Modified Once Determined

Once spousal support is awarded, many believe that the terms are set in stone and cannot be changed. In reality, spousal support can be modified if there is a significant change in circumstances. For example, if the recipient spouse remarries, or if the paying spouse’s financial situation drastically improves or worsens, either party can request a modification of the spousal support order.

Understanding the truth about spousal support is crucial when going through a divorce. It can help reduce confusion and emotional stress and ensure that both parties are treated fairly. By dispelling these common myths, you can approach your divorce with a clearer understanding of how spousal support works in Florida and avoid costly mistakes that could affect your future. If you need assistance with your divorce or spousal support questions, it's important to seek legal guidance to ensure your rights are protected.

The Consequences of Failing to Pay Spousal Support in Florida

Thu, 19 Sep 2024 14:59:38 GMT

The Consequences of Failing to Pay Spousal Support in Florida

Spousal support, also known as alimony, is a court-ordered payment that one spouse makes to the other after a divorce or separation. In Florida, failing to pay spousal support can have serious consequences. At the Law Offices of Robert L. Bogen, we understand the complexities of family law and are here to assist residents of Palm Beach County, including those in Boca Raton, with any family law matters they may be facing. In this blog post, we will explore the consequences of failing to pay spousal support in Florida.

Legal Action: If you fail to pay spousal support in Florida, your ex-spouse has the legal right to take you to court to enforce the payment. This could result in a judgment against you and even contempt of court charges. It is important to adhere to the terms of your spousal support agreement to avoid legal action.

Garnishment of Wages: In some cases, if you consistently fail to make spousal support payments, your ex-spouse may seek a wage garnishment order. This means that a portion of your wages will be automatically deducted and sent directly to your ex-spouse for spousal support payments.

Accumulation of Debt: Failing to pay spousal support can result in accumulating debt due to missed payments and interest charges. This debt can quickly add up and become overwhelming, leading to financial strain and potential legal consequences.

Damage to Credit Score: Unpaid spousal support can also negatively impact your credit score. If your ex-spouse reports missed payments or takes legal action against you for non-payment, it could show up on your credit report and lower your credit score.

Jail Time: In extreme cases where there is repeated failure to pay spousal support or willful refusal to comply with court orders, a judge may sentence you to jail time for contempt of court. This can have serious implications on your personal and professional life.

Failing to pay spousal support in Florida can have severe consequences ranging from legal action and wage garnishment to damage on credit score and even jail time. It is crucial for individuals going through a divorce or separation in Boca Raton or Palm Beach County area to seek legal counsel from experienced family law attorneys like those at the Law Offices of Robert L. Bogen. Our team is dedicated to helping clients navigate complex family law issues and ensure that their rights are protected throughout the process.

Navigating Paternity Law in Florida

Tue, 27 Aug 2024 00:58:41 GMT

When it comes to matters of paternity, having a knowledgeable and experienced attorney by your side is crucial. The Law Offices of Robert L. Bogen, P.A. is dedicated to helping Florida residents navigate paternity laws with compassion and expertise. Whether you are a father seeking to establish paternity or a mother looking to secure child support, our team is here to guide you through the legal process every step of the way.

At the Law Offices of Robert L. Bogen, P.A., we understand that establishing paternity can be a sensitive and complex issue for all parties involved. Our team of skilled attorneys has years of experience handling paternity cases and will work tirelessly to protect your rights and best interests. From DNA testing to court proceedings, we will provide you with the support and guidance you need to achieve a fair resolution.

In Florida, establishing paternity is essential for both parents to ensure that their child receives the financial support and care they deserve. Our attorneys are well-versed in Florida's paternity laws and will help you navigate the legal system with confidence. Whether you are seeking child support or visitation rights, we will advocate for your rights and work towards a favorable outcome for you and your child.

When working with the Law Offices of Robert L. Bogen, P.A., you can trust that your case will be handled with professionalism and discretion. We understand that every family situation is unique, which is why we tailor our approach to meet your specific needs and goals. Our priority is to provide you with personalized attention and legal representation that is focused on achieving the best possible outcome for your case.

The attorneys at the Law Offices of Robert L. Bogen, P.A. are committed to providing compassionate and effective legal services for our clients throughout Florida. Whether you are facing issues related to paternity, child support, or custody matters, we have the knowledge and resources necessary to help you navigate these challenging situations successfully. Contact us today to schedule a consultation and learn how we can assist you in resolving your paternity law issues.

Navigating paternity law in Florida can be complex, but with the help of the Law Offices of Robert L. Bogen, P.A., you can feel confident that your case is in good hands. Our team is dedicated to providing top-notch legal representation tailored to meet your individual needs and goals. If you are facing paternity issues in Florida, do not hesitate to reach out to us for assistance – we are here to help guide you through this challenging time with compassion and expertise.

How a Prenuptial Agreements Attorney Can Help You in Florida

Thu, 01 Aug 2024 00:16:30 GMT

Marriage is a significant life event that involves not only emotional commitment but also legal and financial considerations. For many couples, a prenuptial agreement (prenup) offers a practical way to address these considerations and protect their interests. Whether you are bringing substantial assets into the marriage, have children from a previous relationship, or simply want to clarify financial expectations, a prenuptial agreement can provide peace of mind. At the Law Offices of Robert L. Bogen, P.A., we specialize in assisting couples with prenuptial agreements in Florida. Here’s how a prenuptial agreements attorney can help you.

1. Understanding Prenuptial Agreements

A prenuptial agreement is a legally binding contract between two individuals who are planning to marry. It outlines how assets and debts will be divided in the event of a divorce or death and can address various financial and property issues. An experienced attorney can explain the purpose and benefits of a prenuptial agreement, ensuring you understand how it can protect your interests.

2. Customizing the Agreement to Your Needs

Every couple's situation is unique, and a prenuptial agreement should reflect your specific needs and circumstances. An attorney can help you customize the agreement to address your individual concerns, such as protecting family heirlooms, safeguarding business interests, or ensuring the financial security of children from a previous marriage. They can draft a comprehensive agreement that aligns with your goals and expectations.

3. Ensuring Legal Compliance

For a prenuptial agreement to be enforceable, it must comply with Florida law. This includes full disclosure of assets and debts by both parties, voluntary execution of the agreement without coercion, and fairness in the terms. An attorney can ensure that your prenup meets all legal requirements, reducing the risk of future challenges or disputes.

4. Facilitating Open Communication

Discussing finances and prenuptial agreements can be sensitive and potentially uncomfortable. An attorney can facilitate open and honest communication between you and your partner, helping you address important issues in a constructive manner. This process can strengthen your relationship by fostering transparency and trust.

5. Negotiating Terms

Negotiating the terms of a prenuptial agreement can be complex, especially when there are significant assets or competing interests involved. An attorney can represent your interests during negotiations, ensuring that the terms are fair and equitable. They can help you reach an agreement that protects both parties and promotes long-term harmony.

6. Reviewing and Explaining the Agreement

It is essential that both parties fully understand the terms and implications of the prenuptial agreement before signing. An attorney can review the agreement with you, explaining each provision and answering any questions you may have. This ensures that you are fully informed and confident in your decision.

7. Providing Emotional Support

Creating a prenuptial agreement can be an emotionally charged process. An attorney can provide not only legal support but also emotional support, helping you navigate this challenging time with confidence and peace of mind. Knowing that a professional is handling the legal aspects allows you to focus on your relationship and future.

Benefits of Hiring a Prenuptial Agreements Attorney

Hiring a prenuptial agreements attorney offers several advantages:

Expert Legal Knowledge: An attorney with experience in family law understands the intricacies of prenuptial agreements and can provide expert advice tailored to your situation.
Customized Agreements: An attorney can draft a prenuptial agreement that reflects your unique needs and circumstances.
Legal Compliance: An attorney can ensure that your prenup meets all legal requirements, reducing the risk of future challenges.
Effective Negotiation: An attorney can negotiate on your behalf, ensuring that the terms are fair and equitable.
Peace of Mind: Knowing that a professional is handling your prenuptial agreement allows you to focus on your relationship, confident that your legal and financial interests are protected.

At the Law Offices of Robert L. Bogen, P.A., we are dedicated to providing exceptional legal representation for couples creating prenuptial agreements in Florida. Our team of experienced attorneys will work tirelessly to protect your interests and ensure that your agreement is fair, comprehensive, and enforceable.

Understanding Child Custody Determination in Florida

Wed, 26 Jun 2024 15:24:19 GMT

Understanding Child Custody Determination in Florida

Going through a divorce is never easy, especially when children are involved. In the state of Florida, child custody determination can be a complex and emotional process. At The Law Offices of Robert L. Bogen, we understand the challenges that come with divorce and are here to assist Florida residents with navigating the legal system when it comes to child custody matters.

In Florida, child custody is referred to as "timesharing" and "parental responsibility." Timesharing refers to the schedule of when each parent will have physical custody of the child, while parental responsibility relates to decision-making authority for important aspects of the child's life. The court will always prioritize the best interests of the child when making decisions about timesharing and parental responsibility.

When determining timesharing and parental responsibility, the court will consider various factors such as the child's relationship with each parent, each parent's ability to provide a stable environment for the child, and any history of domestic violence or substance abuse. The court may also take into account the preferences of older children, although this is not always determinative.

It is important for parents going through a divorce in Florida to work together to create a parenting plan that outlines how they will share responsibilities and time with their children. If parents are unable to reach an agreement on their own, they may need to participate in mediation or have a judge make a decision for them. Our experienced family law attorneys at The Law Offices of Robert L. Bogen can help parents navigate this process and advocate for their rights.

Once a timesharing schedule and parenting plan have been established, it is important for both parents to adhere to these arrangements in order to maintain stability and consistency for the child. Failure to comply with court-ordered timesharing or parental responsibility agreements can result in legal consequences.

Child custody determination in Florida is a complex process that requires careful consideration of many factors. At The Law Offices of Robert L. Bogen, we are dedicated to helping Florida residents navigate these difficult situations with compassion and expertise. If you are going through a divorce and need assistance with child custody matters, do not hesitate to reach out to our team for guidance and support. Your children deserve the best possible outcome during this challenging time, and we are here to help you achieve that.

What to do after being served with divorce papers in Florida?

Wed, 29 May 2024 18:40:39 GMT

What to do after being served with divorce papers in Florida?

Going through a divorce can be an emotionally challenging time for anyone. In the state of Florida, when you are served with divorce papers, it can leave you feeling overwhelmed and unsure of what steps to take next. At The Law Offices of Robert L. Bogen, we understand the complexities of divorce proceedings and are here to assist Palm Beach County residents with navigating this difficult process.

The first thing to do after being served with divorce papers in Florida is to carefully read through the documents. It is important to fully understand the contents of the papers and any deadlines that may be included. Take note of any requirements or requests made by your spouse in the paperwork, such as child custody arrangements or property division proposals.

Once you have reviewed the divorce papers, it is crucial to seek legal representation from a knowledgeable attorney with experience in family law. At The Law Offices of Robert L. Bogen, we have years of experience handling divorce cases in Palm Beach County and can provide you with expert guidance throughout the entire process. Our team will work tirelessly to protect your rights and ensure that your best interests are represented.

After securing legal representation, it is important to gather all necessary documentation related to your marriage, finances, children, and assets. This information will be crucial in negotiating a fair settlement or presenting your case in court if necessary. Be sure to organize these documents in a clear and concise manner for easy access during meetings with your attorney.

Throughout the divorce process, it is essential to prioritize self-care and emotional well-being. Divorce can take a toll on both parties involved, so be sure to lean on friends and family for support during this difficult time. Consider seeking therapy or counseling to help navigate the emotional challenges that come with ending a marriage.

In conclusion, being served with divorce papers in Florida can be overwhelming, but you don't have to go through it alone. The Law Offices of Robert L. Bogen is here to provide Palm Beach County residents with expert legal guidance and support during this challenging time. By following these steps and seeking help from our experienced team, you can navigate the divorce process with confidence and peace of mind knowing that your rights are protected.

What You Need to Know About Cohabitation Agreements in Florida

Wed, 17 Apr 2024 16:48:46 GMT

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What Can I Do if I Think My Spouse is Hiding Assets During a Divorce?

Sun, 24 Mar 2024 16:14:13 GMT

What Can I Do if I Think My Spouse is Hiding Assets During a Divorce?

Going through a divorce is already a challenging and emotional process, but it can become even more complicated if you suspect that your spouse is hiding assets. This can have serious consequences for the division of property and finances during the divorce proceedings. If you find yourself in this situation, it's crucial to take the necessary steps to protect your interests and ensure that you receive a fair settlement. At The Law Offices of Robert L. Bogen, we understand the complexities of contested divorces and can provide guidance and support to Florida residents facing asset-hiding issues.

The first step to take if you suspect your spouse is hiding assets during a divorce is to gather as much information as possible. This may include reviewing financial records, bank statements, tax returns, investment portfolios, and any other relevant documentation. It's important to document any discrepancies or inconsistencies that you come across, as this evidence will be crucial in proving your case.

Once you have gathered sufficient evidence to support your suspicions, the next step is to consult with an experienced divorce attorney. A knowledgeable lawyer can help you navigate the legal process and develop a strategy for uncovering hidden assets. They can also assist in conducting a thorough investigation into your spouse's finances and work towards ensuring that all marital property is accounted for during the divorce proceedings.

In cases where one party is attempting to conceal assets, it may be necessary to enlist the help of forensic accountants or other financial experts. These professionals have specialized skills in tracing money trails and uncovering hidden assets through detailed analysis of financial documents. By working with experts in this field, you can strengthen your case and increase the likelihood of receiving a fair settlement.

It's important to remember that hiding assets during a divorce is illegal and unethical behavior. If your suspicions are confirmed, your attorney can take appropriate legal action to hold your spouse accountable for their actions. This may involve seeking court orders for asset disclosure, filing motions for contempt of court, or pursuing other legal remedies available under Florida law.

If you believe that your spouse is hiding assets during a divorce, it's essential to take proactive steps to protect your rights and ensure a fair outcome. By gathering evidence, consulting with an experienced attorney, enlisting the help of financial experts, and taking legal action when necessary, you can increase the chances of uncovering hidden assets and securing an equitable division of property. At The Law Offices of Robert L. Bogen, we are here to support Florida residents facing contested divorces and asset-hiding issues every step of the way. Contact us today for personalized guidance and representation tailored to your unique circumstances.

I have Majority Timesharing. Why Am I Paying Child Support?

Mon, 18 Mar 2024 14:41:43 GMT

That’s a good question. The answer lies in the factors upon which child support is calculated in Florida. Although many factors go into the determination of who pays child support and how much, the two primary considerations are (1) the relative incomes of the parents and (2) the relative number of overnights each parent has the children.

Thus, if the parents’ incomes are relatively equal, and they split the number of overnights 50-50, then generally neither parent will owe child support to the other. If the incomes are relatively equal, but one parent has more overnights than the other, then the parent with more overnights will generally receive child support from the other parent. If the overnights are split 50-50, but one parent has greater income than the other, then the parent with greater income will generally owe child support to the other parent.

There are situations, however, where one parent’s income is so much greater than the other parent’s income, that the parent with greater income will still end up owing child support to the lesser income parent even though the parent with greater income has the majority of the overnights! The reason is because the relative difference in the parents’ incomes overcomes the relative difference in each parent’s number of overnights.

On the flip side, there are situations where the greater income parent has so many more overnights than the lesser income parent, that the lesser income parent will still end up owing child support. This is because the relative difference in the number of overnights each parent has overcomes the relative difference in their income levels.

These are very fact-intensive issues, and all the factors must be evaluated on a case-by-case basis. It is always a good idea to seek out the advice of an attorney who practices this area of law to learn what your rights are -- for both you and your children!

The Benefits of Having A Prenuptial Agreement

Thu, 15 Feb 2024 22:05:06 GMT

The Benefits of Having A Prenuptial Agreement

Palm Beach County residents, have you considered getting a prenuptial agreement before tying the knot? Many people shy away from discussing it because they believe that it is not romantic or it means that they don't trust their partner. However, a prenuptial agreement can offer many benefits and can help protect both parties in case of divorce. In this blog post, we will discuss what a prenuptial agreement is, whether there's a time limit on them, how an attorney can assist you, and why the Law Offices of Robert L. Bogen should be your choice for legal assistance.

What is a prenuptial agreement?

A prenuptial agreement is a legal document that outlines how assets and debts will be divided in case of divorce or separation. It can also address issues such as spousal support and property rights. It allows both parties to have control over their assets and finances instead of leaving it up to the court to decide.

Is there a time limit on them?

There is no specific time limit for getting a prenuptial agreement. However, it's best to start the process early so that both parties have enough time to review and negotiate the terms. Ideally, couples should start discussing the idea of getting a prenup at least six months before the wedding date.

How can an attorney help?

An experienced attorney can help guide you through the process of creating a prenuptial agreement. They can make sure that all relevant information is included in the document and that it meets all legal requirements. An attorney can also represent you in negotiations with your partner's attorney to ensure that your rights are protected.

At Law Offices of Robert L. Bogen we can assist Palm Beach County residents with prenuptial agreements.

The Law Offices of Robert L. Bogen is a trusted legal firm that has been serving Palm Beach County for over 30 years. Our experienced attorneys can help you create a prenuptial agreement that meets your needs and protects your interests. We offer personalized and professional services to ensure that the process is as smooth and stress-free as possible.

In conclusion, a prenuptial agreement can provide many benefits, including protecting both parties' assets and finances in case of divorce or separation. There is no time limit for getting a prenup, but it's best to start early so that there's enough time to negotiate and finalize the terms. An attorney can assist you with creating a prenuptial agreement that meets all legal requirements and represents your interests. Contact the Law Offices of Robert L. Bogen today if you're in Palm Beach County and need assistance with a prenuptial agreement.

The Impact of Adultery on Divorce Proceedings in Florida

Thu, 11 Jan 2024 18:16:01 GMT

Divorce proceedings can be a difficult and emotional process for everyone involved, especially when there is an issue of adultery. Adultery is one of the most common reasons for divorce in the United States, and Florida is no exception. In Florida, adultery can have a significant impact on the divorce proceedings, including property division, alimony, and even child custody. So, it's important to understand how adultery can affect your divorce case and what you can do about it. In this blog post, we will discuss the impact of adultery on divorce proceedings in Florida and how an attorney can help.

What is a no-fault divorce?

Florida is a "no-fault" divorce state, meaning that a spouse does not have to prove fault in order to file for divorce. This means that adultery is not grounds for divorce in Florida. Instead, a spouse can simply state that the marriage is "irretrievably broken" and seek a divorce. However, even though adultery is not a requirement for divorce, it may still impact the case in other ways.

Is adultery grounds for divorce?

No. As mentioned before, Florida is a no-fault divorce state, and adultery is not a requirement for divorce. However, if a spouse does file for divorce because of adultery, it may impact the outcome of other aspects of the case.

What is the impact of adultery on property division?

In Florida, property division in a divorce is based on the principle of equitable distribution, meaning that the court will divide assets and debts based on what is fair and just under the circumstances. If one spouse spent marital assets on an extramarital affair, the other spouse may be entitled to a larger share of the marital property. However, this is not always the case, and it is up to the court to decide what is fair and just on a case-by-case basis.

How does it impact spousal support and alimony?

Adultery may also impact spousal support and alimony in Florida. In general, one spouse may be entitled to alimony if he or she has a need for financial support and the other spouse has the ability to pay. If the paying spouse spent marital assets on an affair, the court may consider this when deciding on the amount and duration of the alimony award. However, this is not always the case, and the court will consider multiple factors when making a decision about spousal support and alimony.

How does it impact child custody and visitation?

Adultery may also have an impact on child custody and visitation. In Florida, the court will consider what is in the best interests of the child when making a decision about custody and visitation. If a spouse's extramarital affair had a negative impact on the child, the court may consider this when making a decision about custody and visitation. However, the court will consider multiple factors when making a decision about child custody and visitation, and adultery is just one of many factors that may be considered.

How can an attorney help?

If you are going through a divorce and adultery is an issue, it's important to have an experienced attorney on your side. An attorney can help you understand your rights and options under Florida law and help you navigate the complex divorce process. An attorney can also help you gather evidence to support your case and negotiate a favorable settlement or represent you in court if necessary.

In conclusion, adultery may impact various aspects of divorce proceedings in Florida, including property division, alimony, and child custody. While it is not a requirement for divorce, it may still be an issue that needs to be addressed during the divorce process. If you are going through a divorce that involves adultery, it's important to consult with an experienced attorney who can help you navigate the legal system and protect your rights. An attorney can provide valuable guidance and representation throughout the divorce process.

Understanding Parenting Time Guidelines in Florida

Mon, 18 Dec 2023 23:34:22 GMT

Parenting time guidelines are a set of rules and recommendations that help divorced or separated parents determine how much time their children will spend with each of them. These guidelines can be confusing, and it can be challenging for parents to agree on a plan that works for everyone. In this post, we will discuss what factors affect the decision-making process, how parents can come to an agreement, and how an attorney can help.

1. What factors affect decision-making?

Several factors can influence a parenting time agreement, including the age and developmental needs of the child, the parents' work schedules, and the child's school schedule. Other things to consider include the parents' geographic location, the child's extracurricular activities, and any special needs the child may have. When creating a parenting time plan, parents must take all these factors into consideration and put their child's best interests first.

2. How do parents come to an agreement?

Parents can agree on a parenting time plan through mediation, a collaborative process, or by going to court. Mediation is a voluntary process where a neutral third party helps the parents create a plan that works for everyone. This can save parents a lot of time and money, as they don't have to go to court. In a collaborative process, each parent hires an attorney who works together to create a plan that everyone agrees on. Lastly, if parents can't agree, they may have to go to court where a judge will decide the parenting plan.

3. What are the parenting time guidelines in Florida?

In Florida, parenting time guidelines state that children should have frequent and continuing contact with both parents, and the parenting plan must be in the best interest of the child. Parents must create a plan based on the child's developmental needs, and the plan should be as specific as possible. For example, the plan should detail where the child will be on weekends, holidays, and school vacations, and include information on how the parents will share decision-making responsibilities.

4. How can an attorney help?

An attorney can assist parents in developing a parenting time plan that works for everyone involved. They can offer advice and guidance on what factors to consider and help parents negotiate a plan that meets the child's needs and the parents' schedules. An attorney can also represent a parent's interests in court and help parents navigate the legal process.

Creating a parenting time plan can be a challenging and emotional process for parents, but it's essential to put the child's best interests first. By considering the child's needs, work schedules, and other relevant factors, parents can come to a mutual agreement that works for everyone involved. An attorney can help parents navigate the legal process and negotiate a plan that meets everyone's needs. At the end of the day, it's important to remember that parenting time guidelines are in place to ensure that children have a stable and healthy relationship with both parents.

What Happened To Alimony?

Wed, 29 Nov 2023 22:36:50 GMT

What Happened To Alimony?

Alimony laws in Florida have evolved over the years. The most recent changes went into effect in July, 2023; and the biggest change was the elimination of permanent alimony. Ongoing periodic alimony is now called "durational" alimony, and certain rules and formulas apply with regard to an award of durational alimony.

First and foremost, there must be a financial need by one party, and the financial ability to pay by the other party. The court then looks to numerous other factors and considerations, such as the marital standard of living and the contributions each party made to the marriage, the age and health of the parties, the financial resources and income-earning capacities of the parties, and any other relevant and equitable consideration that may be unique to a particular family unit.

The term and the amount of durational alimony are also highly structured under the current law. To be eligible, the marriage must have been for at least 3 years. After that, the term of alimony could be as high as 75% of the length of the marriage (for long-term marriages of at least 20 years). The amount of durational alimony is capped at 35% of the difference between the parties' incomes.

There are also other types of alimony available under the law. For example, "bridge-the-gap" alimony, based on legitimate identifiable short-term needs, is available for the transition between married life and single life. "Rehabilitative" alimony, to re-establish skills or otherwise establish a capacity for self support, is available if there is a specific and defined plan.

Complicated, isn't it? These are very fact-intensive issues, and must be evaluated on a case-by-case basis. It is always a good idea to seek out the advice of an attorney who practices this area of law to learn what your rights are.

The Inside Scoop on How Alimony is Determined in Florida

Thu, 09 Nov 2023 16:09:35 GMT

The Inside Scoop on How Alimony is Determined in Florida

Divorce can be a difficult time for many couples. It often brings about a lot of emotional turmoil, legal turbulence, and financial instability. One of the most complex issues that arise with divorce is the matter of alimony. If you're going through a divorce in Florida, then you may be wondering what alimony is, whether it is necessary, how it is determined, and how long it lasts. In this blog post, we'll explore the ins and outs of alimony in Florida, including who decides the amount and time period, what factors are considered, and how an attorney can help.

What is alimony?

Alimony, also known as spousal support, is a legal obligation that one spouse has to pay to the other spouse after a divorce. It is usually paid to help the receiving spouse maintain the same standard of living they had during their marriage. Alimony can be awarded as a lump sum or as periodic payments, and it can be temporary or permanent.

Is alimony necessary?

Alimony is not always necessary in a divorce, but it can be crucial for some spouses. It is important to remember that alimony is not a punishment for one spouse or a reward for the other. It is a tool used to ensure that both spouses can maintain a similar standard of living after the divorce, especially when one spouse is financially dependent on the other.

How long does alimony last?

The length of time alimony lasts depends on several factors, including the length of the marriage, the income and earning capacity of each spouse, and the needs of the receiving spouse. In Florida, the duration of alimony varies based on the type of alimony awarded. Permanent alimony can last until the death of either spouse or the remarriage of the receiving spouse. Durational alimony can be awarded for a set period of time, and temporary alimony is awarded during the divorce proceedings.

Who determines the amount and time period?

The amount and duration of alimony are typically determined by a judge. There is no formula for calculating alimony in Florida, so the decision is based on the facts and circumstances of each case. To determine the amount of alimony, the judge will consider several factors, including the standard of living during the marriage, the duration of the marriage, the ages and health of each spouse, and the financial resources of each spouse.

What factors into the alimony decision?

In addition to the factors listed above, several other factors can impact the alimony decision, including:

- The earning capacity of each spouse

- The education level and work experience of each spouse

- The contribution of each spouse to the marriage, including homemaking and child-rearing

- The financial contributions of each spouse to the marriage

- The tax consequences of alimony

How can an attorney help?

Going through a divorce can be overwhelming, and alimony is just one aspect of the proceedings. An experienced divorce attorney can help you navigate the complex world of alimony and ensure that your rights are protected. An attorney can help you understand your options, negotiate a fair settlement, and represent you in court if necessary.

Divorce and alimony can be difficult topics to navigate, but they don't have to be. With the help of an experienced attorney, you can ensure that your rights are protected and that you receive a fair settlement. At The Law Offices of Robert L. Bogen, we specialize in helping the Palm Beach County public with spousal support and alimony matters. Contact us today to schedule a consultation and learn more about how we can help you through this challenging time.

My Spouse Just Quit Their Job!

Thu, 02 Nov 2023 12:07:47 GMT

My Spouse Just Quit Their Job!

Alimony and child support issues can sometimes become contentious. Alimony is based on the parties' relative need and ability to pay. Child support is based on the parties' relative incomes. So what can be done if one party quits or sabotages their job, or otherwise reduces their income, such as by eliminating their normal overtime hours, with the intent to avoid having to pay?

Fortunately, there are provisions in the law to address this conduct. Income can be "imputed," or attributed, to a party who is voluntarily unemployed or underemployed for no good reason and with the intent to skip out on their financial responsibilities. The court will look to the party's employment potential and probable earnings level, based on their qualifications, recent work history, and prevailing earnings level in the community.

But in order to have the court impute income to the other party, you must also show what the current employment market is, and that there are jobs available to the other party. Sometimes, a vocational specialist will be needed to present this kind of evidence.

These are very fact-intensive issues, and must be evaluated on a case-by-case basis. It is always a good idea to seek out the advice of an attorney who practices this area of law to learn what your rights are -- for both you and your children!

My Ex is Harassing Me. What Can I Do?

Thu, 02 Nov 2023 12:03:43 GMT

My Ex is Harassing Me. What Can I Do?

You can apply for a protective injunction if your current partner, ex-partner, or anyone else, is stalking you. But what does that mean? Well, a person is stalking you if they are repeatedly (at least 2 times) following or harassing you for no legitimate reason, and to such a degree that it is causing you substantial emotional distress.

But, just because a person is unpleasant or uncivil towards you does not mean you are entitled to an injunction. Mere irritation, annoyance, embarrassment, exasperation, aggravation, or frustration, without more, will not get you an injunction. Profanity, insults, or uttering falsehoods about you might be offensive, but it is not sufficient to get an injunction. What is needed is more extreme or outrageous conduct -- enough to cause a reasonable person substantial emotional distress.

In one recent Florida case, an ex-husband went to his ex-wife's home in the middle of the night and looked inside her darkened windows with a flashlight for 3 nights in a row. This was sufficient to issue a protective injunction. In another recent Florida case, an ex-partner constantly drove by the other partner's residence several times a day, and also operated a drone over the residence on at least 3 occasions. This was also sufficient to issue a protective injunction.

Understanding the Factors a Court considers during a Divorce

Thu, 31 Aug 2023 18:14:59 GMT

Divorce is never easy, and it can be a confusing, emotional and overwhelming process. Divorce in Florida is governed by Florida laws and statutes, which outline the requirements and procedures that must be followed to end a marriage. A divorce can be a complicated process, and it involves numerous legal and financial issues. If you're considering a divorce, you should know that in Florida, the court decides important issues such as property division, child custody, and alimony. This blog post will explore the factors that a court will consider during a divorce.

1. Property and Asset Division

Florida follows the equitable distribution of property law, which means that the court will divide the marital property in a fair and reasonable way. The court considers various factors when dividing property and assets, such as the length of the marriage, any premarital assets, the economic status of each spouse, and the contributions of each spouse to the marriage. The division of assets can be one of the most contentious aspects of a divorce.

2. Child Custody

Child custody is another crucial area in a divorce case. If the couple has children, the court takes into account what is best for the children when making custody decisions. The judge considers the child's physical and emotional well-being, the living arrangements and stability of each parent, the parents' parenting abilities, and any relevant factors that may affect the child's best interests.

3. Alimony

Alimony is a payment that one spouse makes to another spouse for support after the marriage. The court considers various factors when determining the amount and duration of the alimony award, such as the financial need of the requesting spouse, the paying spouse's ability to pay, and the standard of living the couple enjoyed during their marriage.

4. Domestic Violence

If there is domestic violence involved in the marriage, the court takes it seriously and prioritizes the safety of the victim and any children of the marriage. The court may issue a restraining order or child custody order to ensure the victim's safety and protection.

5. Adultery

In Florida, adultery is not considered a criminal offense, and it generally does not affect the division of assets. However, a Judge may take adultery into account when deciding alimony or child custody issues.

Divorce is a complicated process filled with legal, emotional, and financial hurdles that parties must navigate. Understanding the factors that a court considers during a divorce is essential to prepare for the process effectively. While understanding these factors may not eliminate the stress of the divorce process, it can help individuals approach their divorce with an informed mindset. If you could benefit from guidance through your divorce proceedings, it may be beneficial to enlist the help of a qualified divorce attorney.

The Consequences of Not Paying Spousal Support or Child Support in Florida

Fri, 11 Aug 2023 17:35:31 GMT

The Consequences of Not Paying Spousal Support or Child Support in Florida

Divorce can be a difficult time for many reasons, including the financial strain it may cause. When a couple separates, it can be challenging to ensure that both parties have their fair share of the assets and resources. This is where spousal support, or alimony, and child support come into play. These payments are intended to help the lower-earning spouse and children maintain their standard of living after the divorce. However, failing to make these payments can have severe consequences that you need to be aware of. In this blog post, we will discuss what happens if you are unable to pay spousal support or child support in Florida.

Spousal Support (Alimony):

Spousal support is a payment made by one spouse to the other spouse after a divorce to help them maintain their standard of living. The courts determine the amount of spousal support to be paid based on a variety of factors, such as the income and earning capacity of both spouses, the length of the marriage, and the needs of the recipient spouse. If you are unable to make spousal support payments, you need to speak with your attorney as soon as possible to explore your options. Failing to pay spousal support can result in fines, penalties, wage garnishment, and even potential jail time for contempt of court.

Child Support:

Child support is a payment made by one parent to the other parent after a divorce to help with the costs associated with raising a child. The amount of child support paid is determined by Florida's child support guidelines, which account for the income of both parents, the number of children, and the amount of time each parent spends with the children. If you are unable to pay child support, you need to take immediate action to address the issue. Failure to pay child support can result in wage garnishment, fines, driver's license suspension, and even potential jail time for contempt of court.

Enforcement of Spousal or Child Support Orders:

If you are not making spousal or child support payments as ordered by the court, the other party can seek enforcement of the order. This can result in wage garnishment, seizure of assets, or even contempt of court charges. If you are facing enforcement action, it is critical that you seek legal counsel immediately to represent your interests and avoid further consequences.

Remedies for Unpaid Support:

In Florida, the state has several remedies available to help collect unpaid child or spousal support. These remedies include wage garnishment, seizure of assets, and even suspension of professional licenses. Additionally, the state can work with the IRS to intercept tax refunds or work with other states to enforce support orders across state lines.

It is crucial to pay spousal and child support promptly and in full. If you are struggling to make payments, speak with your attorney as soon as possible to explore your options. The courts take non-payment of spousal and child support very seriously, and the consequences can be severe. At the Law Offices of Robert L. Bogen, our team of knowledgeable family law attorneys has the experience needed to assist Florida residents with their spousal and child support matters. Contact us today to schedule a consultation and learn how we can help.

Navigating Child Custody in Florida: How it Works

Tue, 27 Jun 2023 19:09:29 GMT

Navigating Child Custody in Florida: How it Works

When it comes to family law, child custody is one of the most complex and emotional issues. If you're going through a divorce or separation in Florida, you may be wondering how child custody is determined and how your child's opinion might factor into the decision-making process. At The Law Offices of Robert L. Bogen, we understand the difficulties of navigating child custody laws in Florida and are here to help. In this blog post, we'll explore the ins and outs of child custody in Florida and answer some common questions about the process.

First and foremost, it's important to understand that child custody arrangements in Florida are determined with the best interests of the child in mind. This means that factors such as the child's physical, emotional, and developmental needs, as well as each parent's ability to provide a stable and supportive environment, will be taken into consideration. There are two main types of child custody in Florida: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody refers to each parent's right to make important decisions regarding the child's welfare, such as education, healthcare, and religious upbringing.

When it comes to determining custody, the child's opinion may be taken into account, but it will not be the sole deciding factor. In Florida, children who are 12 years old or older may be asked by the court to express their preference for custody arrangements. However, the judge will ultimately make the final decision based on the best interests of the child, regardless of their preference.

Other factors that may be considered when determining child custody include each parent's mental and physical health, their willingness to foster a positive relationship between the child and the other parent, and their ability to provide a safe and stable home environment. It's important to note that custody arrangements may be revisited and modified as the child's needs and circumstances change over time.

At The Law Offices of Robert L. Bogen, we know that child custody battles can be emotional and stressful for all parties involved. Our experienced family law attorneys can assist you in navigating the legal process, from initial negotiations to final court proceedings. We understand the nuances of Florida's child custody laws and will work tirelessly to ensure that your child's best interests are protected.

Navigating child custody laws in Florida can be a difficult and emotional process. However, with the help of an experienced family law attorney, you can ensure that your child's best interests are protected. At The Law Offices of Robert L. Bogen, we are committed to providing our clients with compassionate and knowledgeable legal guidance throughout the child custody process. Contact us today to schedule a consultation and learn how we can assist you with your family law matter.

Everything You Need to Know About Contested Divorces and How an Attorney Can Help

Thu, 25 May 2023 20:05:33 GMT

Everything You Need to Know About Contested Divorces and How an Attorney Can Help

Divorce can be a difficult and emotional process, especially when it comes to contested divorces. A contested divorce occurs when both parties cannot agree on the terms of the divorce, including issues such as alimony, child support, and child custody. In a contested divorce, the matter is brought before a judge, who ultimately makes the decision on the final terms of the divorce. This can be a complicated and overwhelming process, which is why it is important to have an experienced attorney by your side. In this blog post, we will go over the most common causes of contested divorces and how an attorney can help you through this difficult process.

Most Common Causes of Contested Divorces:

There are several reasons why a divorce may become contested. Some of the most common include:

- Division of assets and property: When it comes to dividing assets and property, many divorcing couples may disagree on who should get what. This can lead to a lengthy and complicated process as both parties fight for what they believe is rightfully theirs.

- Child custody: When children are involved, it is not uncommon for both parties to disagree on who should have custody and how much time each parent should have with the children.

- Alimony and child support: These financial agreements can be a major cause of contention in a divorce. Often, one party feels they are entitled to more than the other party is willing to give.

How an Attorney Can Help

Navigating a contested divorce is not an easy task, which is why it is important to have an experienced attorney on your side. An attorney can help in the following ways:

- Provide legal advice: An attorney can provide legal counsel and advice throughout the entire divorce process. They can explain your rights and help you understand the legal implications of any decisions you make.

- Represent you in court: In a contested divorce, it is likely that the matter will go to court. An attorney can represent you in court and argue on your behalf. They will have a thorough understanding of the law and can use their expertise to ensure your best interests are protected.

- Negotiate on your behalf: Before a divorce goes to court, it is often preferable to negotiate a settlement. An attorney can negotiate on your behalf to ensure that you get the best possible outcome.

At The Law Offices of Robert L. Bogen, We Can Assist You

At The Law Offices of Robert L. Bogen, we have experience helping Florida residents with all types of divorce cases, including contested divorces. We understand the complexity and emotions involved in this type of situation, which is why we take a personalized approach to every case. We will work hard to understand your unique circumstances and will use our experience and expertise to help you achieve the best possible outcome.

What to Expect During the Contested Divorce Process

The contested divorce process can be lengthy and complex. Here is a brief overview of what you can expect:

- Filing the petition for divorce: The first step in a divorce is filing the petition for divorce. This is the document that officially initiates the divorce process.

- Discovery: During this phase, both parties will exchange information and documents. This is done to ensure each party has all the information they need to make informed decisions about the terms of the divorce.

- Negotiations: Once all information has been exchanged, it is common to try and negotiate a settlement. If an agreement is reached, the divorce can be finalized without going to court.

- Trial: If a settlement cannot be reached, the divorce will go to trial. At trial, each party will present evidence and arguments to the judge, who will ultimately make the final decision on the terms of the divorce.

Navigating a contested divorce can be a difficult and emotional process, but with the help of an experienced attorney, you can get through it with the best possible outcome. At The Law Offices of Robert L. Bogen, we have a wealth of experience helping Florida residents through this challenging time. We will work hard to ensure your rights are protected and that you achieve the best possible outcome. If you are currently going through a contested divorce and need legal assistance, contact us today to schedule a consultation.

Understanding Spousal Support in Florida

Mon, 17 Apr 2023 17:16:50 GMT

Understanding Spousal Support in Florida

Divorce can be a difficult and emotional experience, but it can be even more complicated when it comes to dividing marital assets and determining spousal support. Spousal support, also known as alimony, is a financial payment from one spouse to the other after a divorce. If you are going through a divorce in Florida, it is crucial to understand the factors that a court will consider when determining spousal support, how it is calculated, what happens if you are unable to pay or your ex-spouse refuses to pay, and what options are available to you. In this blog post, we will discuss these important topics and how The Law Offices of Robert L. Bogen can assist residents in Broward county and Palm Beach County with divorce matters.

Factors a court will consider during a Florida divorce - The amount and duration of spousal support depends on various factors, including the length of the marriage, the financial resources and income of both parties, the standard of living during the marriage, the contributions of each spouse to the marriage, the age and health of both parties, and other relevant factors. A court will consider each party's earning capacity, education level, training, and skills to determine if one spouse needs financial support from the other.

How is spousal support calculated in Florida

In Florida, spousal support can be awarded for a set period, open-ended duration, or only for a transitional time. The calculation of spousal support is less clear-cut than child support, and there is no fixed formula for its determination. There are several methods to calculate spousal support, such as the income available to both parties, financial needs of both parties, and the ability of each party to pay. Additionally, the court will take into account both parties' net income, taxes paid, other dependents, and expenses in the calculation.

What happens if I am unable to pay spousal support

In the event that the spouse required to pay spousal support is unable to make payments due to an unexpected change in circumstances, they may petition for a modification to lessen the overall amount of spousal support or to shorten its duration. Examples of substantial changes in circumstances resulting in a spousal support modification may include losing a job or suffering a health issue.

What are my options if my ex refuses to pay spousal support

If your ex-spouse fails to pay their spousal support obligation, you may wish to hire an attorney to file a motion for enforcement. Once a motion is filed, the Court may hold the non-payment spouse in contempt of court, which will result in various penalties, including jail time, wage garnishment, and covering the costs of the attorney's fees incurred in the filing of the motion. However, it should be noted that an attorney may not issue a contempt motion without having first rendered a written notice for the unpaid party to agree upon the delinquent support.

Spousal support is a critical financial support system that may help you transition through a divorce smoothly. If you are thinking about divorce, it’s important to consult an experienced Florida divorce attorney that can advise you on your rights and obligations under Florida law. At The Law Offices of Robert L. Bogen, we provide compassionate and skilled legal representation to our clients in Broward county and Palm Beach County. Our knowledgeable attorneys understand how to navigate the complex and emotional challenges of a divorce case. Contact us today to schedule an initial consultation with one of our experienced divorce lawyers.

Protect Your Assets: Why You Need a Prenuptial Agreement

Fri, 24 Mar 2023 18:37:27 GMT

Protect Your Assets: Why You Need a Prenuptial Agreement

Marriage is a beautiful thing, but it also brings uncertainty and potential financial risks. Whether you have significant assets, own a business, or have children from a previous marriage, a prenuptial agreement can alleviate some of these concerns. A prenup is a legally binding agreement between you and your partner that outlines how assets will be divided in the event of death or divorce. In this blog post, we will explore the benefits of having a prenuptial agreement, what can be included in it, and whether the conditions can be changed.

Benefits of having a prenup agreement

Having a prenuptial agreement can provide many benefits, including protecting your assets and avoiding legal disputes. If you have children from a previous marriage, a prenup can ensure that your assets go to your children as you intended. Additionally, if you own a business, a prenup can protect your ownership and ensure that the business stays in your hands. If divorce does occur, a prenup can expedite proceedings and save you time and money.

What can be included in a prenuptial agreement?

Prenup agreements can dictate many things, including how assets will be divided, who will get spousal support, and how debts will be handled. You can include anything in the prenup as long as it does not violate any laws. You can also add clauses that are specific to your situation, such as joint property ownership or how retirement accounts will be split.

Can the conditions of a prenuptial agreement be changed?

Conditions of a prenuptial agreement can be changed, however, the process can be difficult. Both parties must agree to the changes and the agreement must be amended in writing. If one person does not agree to the changes, then the original agreement stays in place.

How The Law Offices of Robert L. Bogen can assist you with prenuptial agreement matters

At The Law Offices of Robert L. Bogen, we have experience with prenuptial agreements in Florida. We can help you understand the legal ramifications of prenup agreements and answer any questions you may have. We will also ensure that your prenup is done correctly and to your advantage.

Investing in a prenup may seem daunting but it can go a long way in protecting your assets and ensuring that your wishes are followed. It can also be a valuable tool in opening up communication and setting expectations for both parties. If you are considering a prenup agreement or would like more information, contact The Law Offices of Robert L. Bogen today. We’re here to help you navigate through all aspects of prenuptial agreements.

Family Law in Boca Raton: The Law Offices of Robert L Bogen Can Help

Thu, 19 Jan 2023 20:30:11 GMT

Family Law in Boca Raton: The Law Offices of Robert L Bogen Can Help

If you or someone close to you is facing a family law matter in the Boca Raton area, then the Law Offices of Robert L Bogen are here to help. Our experienced team of attorneys can assist with everything from divorce and alimony to adoption and prenuptial agreements. Let’s take a closer look at how we can help you navigate these challenging legal matters.

Divorce & Alimony

The dissolution of a marriage is never easy, but with the help of an experienced attorney, you can make sure that your rights are protected. At The Law Offices of Robert L Bogen, our attorneys have extensive experience assisting clients through the process of divorce and related matters such as alimony and child support proceedings. We understand that this process can be emotionally draining and complex, so we strive to make it as streamlined and stress-free as possible for our clients.

Adoption & Prenuptial Agreements

We also specialize in adoption proceedings, which can be complicated if not handled properly. Our attorneys are committed to making sure that all parties involved receive fair treatment throughout the process so that your adoption goes as smoothly as possible. Additionally, prenuptial agreements allow couples to protect their assets in case of divorce before they even walk down the aisle. We will work closely with you to ensure that both parties feel secure about their agreement going into the marriage.

Estate Planning & Guardianship Matters

At The Law Offices of Robert L Bogen, we also handle estate planning matters such as wills and trusts so that your assets are allocated according to your wishes after your death. We also specialize in guardianship arrangements for minors or those who may need protection due to age or disability. Our experienced attorneys will work closely with you every step of the way so that your family’s best interests are always taken into consideration during these difficult times.

Navigating family law matters can be stressful and overwhelming at times, but with the assistance of an experienced attorney like those at The Law Offices of Robert L Bogen, you can rest assured knowing that your rights are being protected throughout this difficult journey. Contact us today if you need assistance with any family law matter in Boca Raton; our team is here to help!

Who Gets the House in a Divorce in Boca Raton, Florida?

Fri, 23 Dec 2022 17:54:33 GMT

Who Gets the House in a Divorce in Boca Raton, Florida?

For many couples going through a divorce, the home they lived in together — specifically which partner will "keep" it — is one of the central, divisive issues. The house is usually the most valuable asset from the marriage, and the parties may have different ideas about whether it should be sold (and the proceeds divided) and how much it is worth.

There are a number of factors that affect what ultimately happens to the house. This is what you need to know.

What Happens to the Matrimonial Home?

The usual outcomes with respect to the house tend to be as follows:

The house is sold . The proceeds will then be divided between the spouses.
One party becomes the sole owner of the house. The spouse who wants to keep the house will "buy out" the other spouse's interest. This person may need to refinance the house if there is a mortgage.
The parties agree to co-ownership of the house. This could be because they agree to defer the sale of the property (for example, if they want to wait until the kids finish school before they put the house up for sale).

Who Decides Which Party Gets the House?

Ideally, the two ex-spouses can approach the matter fairly and amicably and agree on what will happen to the house. In many cases, however, especially where the break-up is acrimonious or there is a power imbalance between the parties, negotiations can be drawn out. When there is no agreement, the court will assess the full financial situation and marital history and make the decision.

Equalization of Marital Property

When a couple divorces, the marital property is divided between them. In many cases — the simplest ones — it works out to 50-50. If the spouses bought the home together during the marriage, for example, each of them could be entitled to 50% of the equity/value of the house. Some states, however, follow community property rules (the spouses own marital property equally), and others follow the principles of equitable distribution (marital property is split fairly but this may not be 50-50).

Ownership of the House

Sometimes, the house belongs to one party prior to the marriage and the other party moves in. If they live in the house together during the marriage — and especially if the spouse who moved in starts contributing to its upkeep and/or mortgage — the house will be seen as a marital asset. If, however, the one who owned the house prior to the marriage takes specific steps recognized in that state to make the house a separate asset, that person may end up keeping the house.

In a lot of divorce cases, one spouse will agree to greater interest in another asset (such as a business) and "give up" their entitled interest in the matrimonial home. Alternatively, one party may allow the other to buy out their interest in the house with cash or cash equivalent.

Value of the House

Even if the parties agree on what should happen to the house in Boca Raton, Florida, they may not agree on how much the house is worth. There is usually a strategic reason a spouse wants it to be valued higher or lower — because it will affect the property equalization numbers. The spouse that wants to keep the house may want to say it is worth less so that they can receive a higher share of other property. The one that wants to sell it may want to say it is worth more so that they don't have to give up as much of the other property share to the other person.

The best way to figure out how much the matrimonial house is worth is to have a formal appraisal done. Sometimes each side will have an appraisal done and the court will examine both of them.

Factors Determining What Happens to the House

The court will look at what both parties want and need. If one spouse wants to keep the house and the other wants to move out, it is a matter of figuring out a buy-out price and how the buy-out will occur. If both spouses don't want the house, the house will likely be sold. If both people want to keep the house, the biggest considerations will be whether there are children involved and whether it is financially viable.

If there are children of the marriage who would benefit from continuing to live in this house (school, community, support network), which parent has custody of the children? Is it shared custody? How is the time with the children divided between the spouses? Is one side financially better able to buy out the other spouse? This is based on the parties' respective ages, income, health, and other circumstances.

What If a Spouse Wants to Stay in the House During Divorce Proceedings?

The most common example of this is if the spouse with primary custody of the children wants to continue living there while the parties and the court work out the division of property. Understandably, preference will be given to the best interests of the children. If the other party has moved out, they may be entitled to an amount of "rent" from the one still living there. This amount will be factored into the final numbers.

In some cases, the parties will choose to "live separately under the same roof." This means that until everything is finalized, they will both continue living in the house, usually in separate rooms or areas of the house. Where there has been a history of domestic abuse or a significant imbalance of power between the spouses, the court will also be interested in making sure the abused person or "weaker" party is protected.

Why You Should Get Legal Advice About Your Matrimonial Home

Family and divorce law in Boca Raton, Florida can be complicated. Not only may emotions be charged between the parties, but you may not understand what factors are most important to a court when deciding what happens to the house. An experienced divorce/family lawyer can explain how your marital property will most likely be divided, what will be considered marital property, and how best to protect your legal interests. Contact our office today to find out what you're entitled to.

My Ex is Harassing Me. What Can I Do?

Thu, 17 Nov 2022 01:24:53 GMT

My Ex is Harassing Me. What Can I Do?

Father's Rights In Florida

Tue, 18 Oct 2022 00:35:36 GMT

Father’s Rights in Florida: What You Need to Know

In the midst of a divorce, you may be experiencing many thoughts, feelings, and emotions. This is especially true when considering your children.

What if your children are taken away from you?
What if you only have limited visitation rights?
What if you face some sort of other, unexpected issue?

Fortunately, many of these factors reflect final consequences of child endangerment and aren't anything you should have to worry about. In the end, the court's job is to act in a way that's best for the welfare and well-being of a child.

But what sorts of factors should you understand about father's rights in Broward County Florida? Read more in this post to find out.

Developing a Parenting Plan

In Florida courts, they adopt what is known as a parenting plan between both parties. The idea of this plan is to divide all responsibilities for a child in a way that everyone is okay with.

With the idea of doing what's best for a child, this means that regular time with both parents is usually viewed as the ideal scenario. Parenting plans work to reflect this idea unless there are additional factors affecting the decision.

Some of the most common items you will see on a parenting plan include the following:

Payment determinations for particular child expenses
Communication methods and frequency
Visitation schedule
Who makes decisions for the child

Ideally, the goal is to develop as comprehensive a guide as possible to ensure all major areas of a child’s care and well-being are addressed. This also includes what to do if there is a question or another point of confusion/ambiguity in how to decide.

How Visitation Works

One of the most critical features of the parenting plan is the visitation schedule. The plan must put all the requirements, recommendations, and court-ordered visitation aspects into writing.

This comprises all types of visitation information related to the father:

How often a father can see his child
The type of access a father will have with his children (e.g., supervised visits)
Holiday visitation schedules
Sports or other extracurricular visitations

Visitation rights are important to get right at the start as they are locked into a parenting plan. Once agreed and set forth by the courts, the only way to change them is to go back through the court system.

Information About Child Support

Fathers must also act in some way to provide child support to their kids. This does not always mean monetary compensation to the other parent, although sometimes it does.

In terms of financial support, Florida follows what is known as the ‘income shares’ child support model. This means that parents must pay a percentage of the total child support based on their individual income.

The incomes of both parents are tallied up. From that total, a percentage of the income is designated toward child support.

For example, let's say that a father's income is $60,000/year or $5,000/month and a mother's income is $48,000/year or $4,000/month. The total income between both parents is $108,000/year.

The father's income represents about 56% of the total income, and the mother's represents 44%. That would mean that the father is responsible for 56% of the total child support costs.

It is also important to note that income changes and other factors may impact a child support judgment. You may come to different terms in the parenting plan or make other arrangements.

If another agreement can't be amicably decided, the income shares percentage model is what the courts use.

Medical Records and Appointments

Generally speaking, fathers still retain the right to have access to medical records of their children. It is important to note that this is not always the case, though.

Some medical records – particularly personal or sexual health-related care – can be opted as private for the child or teenager in Florida. The idea behind these privacy laws is to help protect some children from having any issues about their sexuality by needing to clear care through a parent first.

Here are some examples of wellness that can be kept private from parents:

STD testing and treatment
Plan B
Treatment or care after sexual assault
Medical care related to pregnancies

Furthermore, children do not need a parent's knowledge or consent in the case of emergencies.

Medical Benefits

Depending on what was agreed upon in the parenting plan, a child can be placed under a father's insurance to remain covered. If the child has better coverage or more benefits under another parent’s plan, their coverage can be changed.

Similarly, fathers can still name their children as benefactors for other benefits such as life insurance, social security, etc. These are decided as you see fit and do not have to be adjusted in the case of a divorce.

Protecting Your Rights as a Father in Florida

Much like any other parent, a father has every right to raise concerns or challenge their ex in matters related to their child. If you are facing issues such as ambiguous communication, refusal to release records, or problems with visitation schedules, you can do something about it.

Violations of a parenting plan set forth by the courts help to simplify issues of violation or refusal to comply. Of course, you will also need effective legal counsel within the court system to ensure that your voice is heard.

No matter the situation, you should get in touch with a Broward County attorney today. They can help you understand what to do if you are experiencing problems with a parenting plan.

To learn more or to speak with a representative, get in touch today.

What Factors Does A Court Consider When Awarding Alimony In Florida?

Fri, 16 Sep 2022 16:15:46 GMT

What Factors Does a Court Consider When Awarding Alimony in Florida?

Alimony is an important aspect of divorce proceedings in Florida, but how is this alimony calculated? Take a look below and discover more.

Understanding Alimony in the State of Florida

When a married couple brings their union to an end, it is likely that their financial situations will change significantly. In most cases, one partner will have been the primary earner in the household, bringing in a higher level of income than the other. Generally, this is not something that is considered during a marriage — the income will be shared across the household. After the breakup of the marriage, however, this will no longer be the case.

It is up to the courts to decide whether any further financial obligation is necessary. During a divorce, Florida's courts will try to make sure that both parties receive the support they are entitled to. The court will consider the needs of each partner and try to ensure that these needs are met. This is generally referred to as "alimony," but other terms may be used to describe the arrangement, including "spousal support" or maintenance, or "child support" if there are children involved and the custody arrangements require additional payments.

This procedure is not about helping one partner to "win" and take away money from their former spouse. Instead, it is about creating a fair foundation for both parties to move on with their lives.

Considerations During an Alimony Ruling

When ruling on an alimony decision, Florida's courts will take a number of aspects into consideration. These include:

Living Standards Over the Course of the Marriage

Where possible, the court will try to make sure that, following the divorce, both parties enjoy the same standard of living as they did during the marriage. To define this, the court will need to investigate the lifestyle and living standard of each party during the marriage.

The Duration of the Marriage

The length of the marriage will be taken into account. For example, alimony payments are likely to be greater for a couple who have spent decades together, compared to a marriage that broke up after only one or two years.

The Age and Health of Each Party

The age of an individual — as well as their health and well-being — has a significant affect on the amount of money and support they will need following a divorce. This will be considered before alimony amounts are outlined.

The Relative Finances of Each Party

The idea of alimony is to ensure each party is supported following a divorce. This means considering how much the primary earning party can afford to pay to their former spouse, and how much this former spouse will need.

The Contribution of Each Party

Contributions are often more than financial. For example, one partner may have helped their spouse with developing their career prospects, starting a business, or furthering their education. One party may have handled childcare, home maintenance, or other duties more than the other. All of these contributions will be factored into the alimony calculation.

The Employability of Each Party

If one party has historically earned less than the other party, but they have specialized skills and qualifications, they may be considered highly employable. In the event that this party is expected to find a job quickly and easily, they may receive a lower level of alimony, even if they were not the main earner during the marriage.

Any Children Involved in the Divorce

The well-being of children is always an important consideration. If these children will spend most of their time with one parent, this parent may be entitled to more alimony to cover their costs — depending on their own available resources and income.

Additional Sources of Income

The court will consider the overall outlook of both parties. If either party has any additional sources of income, they will need to disclose these to the court, and this may be considered during alimony calculations.

Auxiliary Factors

Florida's courts are not restricted to the above factors when they decide on a divorce case. The relevant authorities will be permitted to use their own discretion as they make alimony rulings, considering and requesting more information on any other aspects they consider relevant to the case.

The Different Types of Alimony in Florida

After all the necessary factors have been considered, the court may decide to award alimony payments to one partner. These payments may take any of these forms.

Bridge the Gap

Bridge the gap alimony is intended simply to help one partner transition from their status as married to their new single status. It is widely understood that divorce can be a costly and protracted process, and this temporary form of alimony helps to ease the burden for the partner worst affected by this change.

Rehabilitative

In some cases, one partner may struggle with their finances at the outset following a divorce, but expect their situation to improve. Perhaps they have an employment offer or a new business opportunity, but need funds in the short term. Rehabilitative alimony can help in this case.

Permanent

Permanent alimony is any payment period that does not have an expiry date associated with it. If permanent alimony is granted, one partner will continue to pay the other partner regularly on an indefinite basis, or until the court rules otherwise.

Durational

Durational alimony payments are made over a predetermined period of time. This period will be decided by the divorce court in your local jurisdiction in Florida.

Lump Sum

A lump sum payment of alimony may be required in some cases. One partner will pay the required amount in a single payment, with no further alimony payments necessary.

Learn More About Your Options, Rights, and Responsibilities Regarding Alimony in Florida

It's important to equip yourself with all the facts ahead of your divorce proceedings and to gain the legal advice, counsel, and representation necessary as you navigate this difficult situation. Reach out directly today, by phone or email, to discuss your case.

My Children, My Decision, Right? Wrong!

Thu, 18 Aug 2022 21:09:02 GMT

Everyone genuinely believes they know what's best for their children. Most of the time, that's true. But sometimes, separated parents make children's decisions based on their own personal interests and desires. At other times, two warring parents make such decisions based on their animosity toward the other parent. And at other times, the parents simply cannot agree on what's in their children's best interests. So, who's right? Who's wrong? Who decides?

It is the court's responsibility to ensure that the best interests of the children are promoted and protected, even if both parents are in agreement otherwise. Florida law is undisputed that the court's responsibility to the children cannot be abdicated to any parent, or any expert. That means that a court is not bound by any agreement between parents, nor by the opinions of any expert.

So in all matters related to or affecting the children, whether it be child support, custody, visitation, or parental rights and responsibilities, the best interests of the children must be independently determined by the court. The children's best interests are the polestar guiding light directing the legal system's approach in these matters.

Can I Take My Child to Counseling

Fri, 24 Jun 2022 21:04:59 GMT

Suppose, after you're divorced, you believe that your child is having emotional issues and generally not coping well. So, you make arrangements for your child to see a mental health counselor. When the child's other parent learns of this, they react negatively and forbid the counselor from treating the child. The counselor refuses to see the child since both parents are not in agreement. Is this right? Can one parent alone stop a child from seeing a counselor to treat mental health issues?

This used to be a frequent occurrence between warring divorced parents who put their dislike toward one another above the best interests of their child. But, in 2016, as part of a comprehensive law concerning mental health and substance abuse, the Florida Legislature recognized the importance of mental health treatment for children whose divorced parents were involved in family disputes.

Now, if both parents have shared parental responsibility over health care decisions for their children, the law requires that the Parenting Plan provide that either parent may consent to mental health treatment for their child. If the other parent disagrees with your decision to seek help, their remedy is to go to court and present evidence as to why they object.

When is the Father Not the Father

Tue, 29 Mar 2022 21:03:47 GMT

Most people don't realize that a father has different rights depending on whether or not he is married to the mother. Merely being on the birth certificate of a child born out-of-wedlock does not grant the father custody or visitation rights like he would otherwise have if he were married to the mother.

In a recent Florida case, the parties, who were unmarried, had a 20 month old daughter. The father, who was on the birth certificate, had taken the child to New Jersey and withheld the child from her mother for over a month. The mother sought a child pick-up order stating that although the father was on the birth certificate, they were not married and the father's paternity had not yet been established by a court. The lower court judge denied the mother's request for pick-up order, stating that since the father was on the birth certificate he was the child's legal father and had an equal right to legal custody of the child as the mother.

However, on appeal, the appellate court reversed and stated that although the father was the child's legal father, that status alone was not sufficient to grant him custody or visitation. On the contrary, Florida law grants primary residential care and custody of a child born out of wedlock to the mother unless there is a court order stating otherwise. The father's paternity status did not afford him custody or visitation rights unless and until a court order established those rights for him after a hearing with the presentation of evidence. Thus, the lower court judge's declaration that the father and the mother had equal custody rights over the child was in error.

What is the Legal Length of the Marriage

Tue, 15 Feb 2022 22:02:24 GMT

The use of a legally-incorrect date to determine the length of the marriage can trigger an avalanche of other legal errors regarding alimony and equitable distribution.

In a recent Florida case, the parties were married in 1996. They separated in 2008, but no divorce proceeding was filed until 2018. During the 10 year separation period, both parties lived separate lives with other people in long-term relationships. Was the length of the marriage only up to the 2008 separation date, or did it extend to the 2018 filing date, and what is the significance of the different dates?

The trial judge decided that the separation date effectively terminated the marriage. As a result, for purposes of alimony, the judge concluded that this was a moderate term marriage, and not a long term marriage. The judge further determined that the cut-off date for identifying the marital assets and liabilities subject to equitable distribution was the separation date, rather than the filing date by which time a greater amount of assets and liabilities had been accumulated.

However, on appeal, the appellate court cited Florida statutory law in deciding that the length of the marriage extends all the way to the filing date rather than the much shorter separation date. The trial judge had no authority to alter, modify, or reduce the statutory length of the marriage for any reason. Thus, the marriage was a long-term marriage for purposes of alimony; and the assets and liabilities subject to equitable distribution were the larger amount that had been accumulated up to the filing, rather than the lesser amount that had existed when the parties separated.

How is Property Distributed in a Divorce

Wed, 12 Jan 2022 22:00:45 GMT

Generally speaking, the "starting off point" for property distribution in a divorce in Florida is a 50-50 division of the marital net worth. But there is room for an unequal distribution if there is adequate justification based on all relevant factors. Florida statutes set forth the factors to be included in a court's consideration.

A recent Florida case discussed the issue as it related to a house that was purchased by the parties during the marriage. The wife claimed that she was entitled to a greater share of the house because she had paid for the down payment from an inheritance she had received. Inheritances generally are considered non-marital property and are not part of the marital net worth.

However, the court disagreed with the wife's claim in this case because, since the house was in both names, it was her burden to prove that her contribution was intended to be somethi?ng other than a "gift" to the marital net worth. The mere fact that she provided non-marital funds toward the purchase of the house was not sufficient, by itself, to prove that she did not intend a gift, a claim that she never made prior to the divorce proceeding.

robert-bogen

What Is Contempt of Court in a Family Law Case?

What Is Contempt of Court in a Family Law Case?

Understanding Contempt of Court

Common Examples in Family Law Cases

Types of Contempt

Possible Consequences of Contempt

How Contempt Proceedings Work

Defending Against Contempt Allegations

How Legal Guidance Can Help

When and How to Modify Alimony in Florida

When and How to Modify Alimony in Florida

When Alimony Can Be Modified in Florida

Types of Alimony That May Be Modified

Remarriage or Supportive Relationships

The Legal Process for Modifying Alimony

Why Legal Guidance Can Be Important

Can Siblings Be Separated in a Florida Custody Case?

Can Siblings Be Separated in a Florida Custody Case?

Florida’s Focus on the Best Interests of the Child

Why Would a Court Separate Siblings?

How Judges Evaluate Sibling Relationships

Can Parents Agree to Separate Siblings?

Legal Guidance for Boca Raton Families

How Long Does a Divorce Take in Florida?

How Long Does a Divorce Take in Florida?

Florida’s Residency Requirement

Uncontested Divorces and Typical Timelines

Contested Divorces Take Longer

Factors That Can Affect the Length of a Divorce

Mandatory Mediation in Florida Divorces

Final Judgment and Closing the Case

Why Legal Guidance Matters

How Florida Family Law Treats Unmarried Couples with Children

How Florida Family Law Treats Unmarried Couples with Children

﻿ Establishing Legal Paternity

Parental Responsibility and Timesharing

Child Support Obligations

Relocation and Other Parenting Disputes

Why Legal Guidance Matters

Understanding Your Rights as a Father in a Florida Custody Case

Understanding Your Rights as a Father in a Florida Custody Case

﻿ Equal Parenting Rights in Florida

Establishing Paternity

Building a Strong Custody Case

Protecting Your Parental Rights

Can I Date During My Divorce? What Florida Law and Strategy Suggest

Can I Date During My Divorce? What Florida Law and Strategy Suggest

Will I Have to Pay Alimony in Florida? Types and Trends in Spousal Support

Will I Have to Pay Alimony in Florida? Types and Trends in Spousal Support

Types of Alimony in Florida

Factors Courts Consider

Recent Trends in Florida

Conclusion

Changing Your Name After Divorce in Florida: A Step-by-Step Guide

Changing Your Name After Divorce in Florida: A Step-by-Step Guide

﻿ Step 1: Request the Name Change in Your Divorce Petition or Final Judgment

Step 2: Obtain a Certified Copy of the Final Judgment

Step 3: Update Your Social Security Record

Step 4: Change Your Name on Your Florida Driver’s License

Step 5: Notify Other Agencies and Institutions

What If You Didn’t Request a Name Change During the Divorce?

Legal Support for Your Post-Divorce Name Change

How Grandparents Can Seek Visitation Rights in Florida

How Grandparents Can Seek Visitation Rights in Florida

Understanding Florida Law on Grandparent Visitation

When Can Grandparents Petition for Visitation in Florida?

What Courts Consider in Visitation Cases

Legal Help for Grandparents in Palm Beach County

Parental Relocation in Florida: What You Must Know Before Moving with Your Child

Parental Relocation in Florida: What You Must Know Before Moving with Your Child

What Is Considered “Relocation” Under Florida Law?

Consent or Court Approval Is Required

What Happens After You File a Relocation Petition?

Relocating Without Permission Can Have Consequences

How an Attorney Can Help

How to Modify Child Support Orders in Florida: A Step-by-Step Guide

How to Modify Child Support Orders in Florida: A Step-by-Step Guide

﻿ Step 1: Understand the Legal Basis for Modification

Step 2: Gather Documentation

Establishing Legal Paternity

Equal Parenting Rights in Florida

Step 1: Request the Name Change in Your Divorce Petition or Final Judgment

Step 1: Understand the Legal Basis for Modification