• Appeals Court Judge Upholds Bankruptcy Court Order Compelling Surrender of Property

    Posted By Owenby Law, LLC || 30-Nov-2015

    Last week, the District Court for the Southern District of Florida affirmed a bankruptcy court order compelling debtors filing for Chapter 7 bankruptcy to surrender real property by ceasing all foreclosure defense. This is the first decision from a federal appellate court addressing whether or not a bankruptcy court may direct a debtor to cease defensive actions in a pending mortgage foreclosure ...
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  • Divorce is Tough But the Holidays Don't Have to Be

    Posted By Owenby Law, LLC || 21-Nov-2015

    By nature, divorce is a difficult time physically, mentally, and emotionally. Of course, when the holidays come around, this process can become even more daunting and unbearable. However, it is important to remain positive during a divorce and to enjoy each day, even the holidays, as much as possible. To help you overcome the holidays while going through the divorce process, read the helpful tips ...
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  • Information on the Appreciation of Nonmarital Assets According to The Florida Bar

    Posted By Owenby Law, LLC || 6-Nov-2015

    According to The Florida Bar Journal, marital property is defined as anything acquired in a marriage and can include any assets brought into the marriage. If a spouse wishes to keep certain assets for themselves rather than allowing these assets to become commingled, it is the responsibility of that spouse to prove why these assets should not be transformed into marital property. In most cases, ...
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  • What is the Bankruptcy Means Test and How Does it Work?

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

    Filing for bankruptcy can be a daunting process. You may be afraid of how it will affect your current living situation and even your future. That is why Owenby Law, LLC is here to help you through the process. We believe that the more you know, the more comfortable you will be throughout the process. Before bankruptcy, a person will undergo a United States Bankruptcy Code means test to determine ...
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  • October 26th is Domestic Violence Awareness Day

    Posted By Owenby Law, LLC || 26-Oct-2015

    Domestic violence is a serious problem here in the United States. More than 20,000 calls to domestic violence hotlines are made each day, and it is estimated that more than 10 million women and men suffer abuse from an intimate partner each year. In many situations, children suffer from domestic violence as well. According to statistics compiled by the National Coalition Against Domestic Violence ...
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  • Things to Consider During a Grey Divorce

    Posted By Owenby Law, LLC || 6-Oct-2015

    Oftentimes in marriages, people grow apart or discover parts about themselves that no longer fit with the future of their spouses. Many of the situations end in divorce. While some divorces end cleanly and cordially, others end with confusion and unsettled issues such as the division of retirement funds and pension, Social Security benefits, high net worth, and more. These matters become ...
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  • The Process of Debt Collection Lawsuits

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

    When you begin to fall behind on monthly payments, your creditors may believe that you will end up defaulting on your debt. In such cases, creditors will send out reminder notices to inform you of your missed payments. If your account is not brought up to date after this, creditors or debt collection agencies may result to calling you on a daily basis. If the debt continues to worsen or goes ...
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  • How Does Post-Divorce Relocation Affect Your Visitation Rights?

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

    Today’s society is more mobile than ever before. Since the middle of the 1990s, approximately one in five people change their residences every year. This has caused a major point of contention between separated or divorced parents in terms of child custody, because custodial parents who wish to relocate long distances with their children would be infringing on the visitation rights of the ...
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  • 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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