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January 2017 Archives

Appeals ruling categorizes civil settlement as joint property

Could money from a civil suit be considered joint marital property during divorce? That is what one appeals court is currently considering after an inmate received a massive settlement for wrongful incarceration. The man, who had been imprisoned for 20 years on a rape and murder charge, received a $20 million settlement for his wrongful conviction. Now, his wife wants a piece of the pie in their divorce proceedings.

Advice for relocating with kids following a divorce

After ending your marriage, your life will change in multiple ways. You may even decide to relocate. The decision to relocate, however, becomes complicated when children are involved. Is your spouse okay with your decision to relocate? Can a custodial obtain permission to relocate if the noncustodial parent disagrees?

Attorneys: 30 percent jump in January divorces in Florida

The first month of 2017 has arrived, and couples are increasingly thinking about divorce. With the holidays over, those in unhappy marriages turn from thinking about turkey and pie to thinking about complex asset division. Legal experts say that divorce filings spike by about 25 to 30 percent during the month of January, thanks to all of those who are looking for a fresh start. The divorce process may seem daunting, but you can avoid common pitfalls by following these simple tips.

Biological dad denied all parental rights because mom was married

A Florida father is suffering after the birth of his child because he does not have any parental rights over the child and he's unable to get visitation rights over the child. There is no disputation that the man is the biological father. The problem is that unbeknownst him, the boy's mother was already married to another man.

Man has to get wife's permission for gray divorce

It is something that you may not think about as a senior citizen in a divorce, but it's a topic the courts will consider -- your mental competence. When it comes to gray divorce, we often only focus on asset division, tax liability, and even child support. For one couple, though, those issues are taking a back seat, as an 88-year-old man has been prohibited from divorcing his wife without her permission. The reason? He's been diagnosed with frontal lobe dementia.

Things to do when divorcing a deployed servicemember

You finally got the call you'd been expecting: The service member you married, who is still deployed, wants to end the marriage. The separation is just too much of a strain on the relationship. He or she wants to end things, telling you to consider the marriage over even though the deployment isn't. What next steps should you take?


Mercedes R. Wechsler, P.A.
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