• Uncontested Divorce Checklist

    Posted By Owenby Law, LLC || 28-Aug-2015

    One thing that experience has demonstrated to the divorce lawyers of Owenby Law, LLC is that any dissolution of marriage can develop complications. Even if your divorce is uncontested, it is strongly recommended that you retain the services of a qualified family law attorney-particularly if you have children in common, property or are in need of alimony or support. If you are seeking a divorce, ...
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  • Child Custody and How the Courts Interpret "The Best Interests of the Child"

    Posted By Owenby Law, LLC || 18-Aug-2015

    Most parents believe they are acting in the best interests of their children, and in most cases, they probably are. The family courts in places like Duval, Clay, St. Johns, and Nassau counties are often faced with the responsibility of determining what is in the best interests of a child when even the parents cannot agree on the matter. Barring a situation where one of the parents has shown ...
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  • Dissipation of Assets During Divorce

    Posted By Owenby Law, LLC || 7-Jun-2015

    Divorce proceedings can be lengthy and protracted. This leads parties to be concerned regarding assets, especially liquid assets, during this time period. As each party is entitled to half (an equitable distribution) of anything acquired during the marriage, the concern is that one party will intentionally spend, sell, or give away an asset and thereby deprive the other party of his or her ...
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  • Lump Sum Alimony Payment Declared Non-Deductible by the Tax Court

    Posted By Owenby Law, LLC || 18-May-2015

    While our attorneys at Owenby Law, LLC advocate retaining legal counsel for all family law matters, the following case illustrates how important it is to have a divorce lawyer who is familiar and experienced with all the unique aspects of this legal field. The U.S. Tax Court released a memo outlining a 2008 alimony-related case involving John and Rose Nye who divorced in 1990. The timeline of the ...
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  • Common Misconceptions Regarding Alimony in Florida

    Posted By Owenby Law, LLC || 29-Apr-2015

    One common issue in dissolution of marriage or divorce proceedings is alimony. Alimony is awarded on a case by case basis and takes into account many factors, including the length of the marriage, education of the parties, educational sacrifices of the parties, and age/employability of the parties. There are some common misconceptions regarding alimony however, including the following: Men always ...
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  • Social Network Postings Used as Evidence in Divorce Cases

    Posted By Owenby Law, LLC || 2-Mar-2015

    The advent of the Internet and the popularity of social media have created challenges for attorneys in almost every legal field, including family law and divorce. Tweets, Facebook posts, Instagram photos, and their corresponding comments have been used as evidence in divorce proceedings, child custody battles, alimony actions, etc. As family law and divorce lawyers serving clients in Duval, Clay, ...
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  • Substance Abuse Issues and Child Custody Decisions

    Posted By Owenby Law, LLC || 27-Feb-2015

    Often in family law cases involving children, one party may make allegations of substance abuse by the other party. Unfortunately, in many cases these allegations are unfounded and merely an attempt by one party to gain favor and or gain custody (majority time-sharing) with the minor child or children. Regardless, the Court is obligated to investigate the allegations on behalf of the minor child ...
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  • Using an Attorney to Pursue Child Support

    Posted By Owenby Law, LLC || 10-Feb-2015

    If you are a single or divorced parent who is seeking child support, or if you are already receiving child support, but you believe that the amount is incorrect or the payments are not coming in a timely manner, the family law attorneys of Owenby Law, LLC can help. The Child Support Enforcement Program of the Florida Department of Revenue has mechanisms that are set up for single parents who are ...
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  • Parents Using Children as Weapons During a Divorce

    Posted By Owenby Law, LLC || 28-Jan-2015

    Few things can complicate a contentious divorce like a parent attempting to use his or her child as leverage to gain advantages in a divorce settlement, or to emotionally hurt the other party. If you are a mother or father in Duval, St. Johns, Clay, or Nassau County, and your spouse is attempting to use custody or visitation as a weapon in a divorce proceeding, you need the legal advice of an ...
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  • Power to Redirect Child Support Payments

    Posted By Owenby Law, LLC || 23-Nov-2014

    The Court's Power to Redirect Child Support Payments Florida law gives the court the authority to redirect child support payments to the person with whom the child resides. This means that if your child is living with a third party, such as a relative, the court can order that payments be directed to that person rather than the non-paying parent. The court can also order both parents to pay ...
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  • Parental Rights Terminated Due to Incarceration

    Posted By Owenby Law, LLC || 16-Oct-2014

    When Rights are Terminated Due to Incarcerated Parent Having a child is a momentous occasion for a person. Unfortunately, being incarcerated can complicate this major event for many people. An incarcerated parent may be forced to forfeit their parental rights. While it is improper for parental rights to be terminated if a parent is unable to financially provide for a child due to incarceration, ...
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  • Failure to Exercise Time-Sharing Can Result in Increased Child Support

    Posted By Owenby Law, LLC || 8-May-2014

    In most family law cases involving minor children, there is the responsibility as a parent to support the child(ren) after a divorce or the establishment of paternity. In Florida, both parents are required to financially support the child(ren), but only the non-residential parent will be directed to pay his/her portion of the support to the other parent. This does not mean that the residential ...
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  • Effect of Reproductive Technology on Family Law

    Posted By Owenby Law, LLC || 21-Apr-2014

    The advances in reproductive technology, including in vitro fertilization and surrogates, have led to changes and modifications in family law cases. For instance, before such technology, the birth mother of a child was presumed to be the mother and to have all legal rights to the child regardless of her marital state. The biological father, however, if not married to the birth mother, must ...
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