Divorce

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  • My Ex Won't Honor the Terms of Our Divorce. Now What?

    Posted By Owenby Law, P.A. || 14-Jul-2017

    Not every divorced couple can get along amicably. In fact, the bitterer a couple is in the divorce, the less likely they are to comply with a court decision that isn’t necessarily in their favor. In other circumstances, even with amicably divorced people, one spouse could neglect the terms of the divorce based on irresponsibility or a change in condition. Whatever the circumstances of your ...
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  • Divorce May be Seasonal, Research Shows

    Posted By Owenby Law, P.A. || 27-Mar-2017

    Spring is here and for many that means a start to a new season, college basketball, and better weather on the way. According to a recent study from the University of Washington, it may also mean a time for divorce. That’s because researchers found significant peaks in divorce filings at two points during the year: March and August. According to the study, which analyzed nearly 15 years of ...
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  • 5 Ways to Lower the Cost of Divorce After the Holidays

    Posted By Owenby Law, P.A. || 25-Jan-2017

    According to studies by the University of Washington, most divorces come after the winter holidays. For many people who are dissatisfied with their marriages and not sure what to do, the holidays are an opportunity to perhaps turn things around. If it doesn’t happen, however, unhappy spouses may feel ready to call it quits once the season ends. Unfortunately, the holidays are often ...
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  • Is a Separation Agreement the Right Choice for You?

    Posted By Owenby Law, P.A. || 19-Jan-2017

    If you are not entirely committed to the idea of filing for divorce, perhaps a sufficient alternative is to obtain a separation agreement. Being legally separated means spouses can live apart while retaining their marital status – either for retaining health care or military benefits, tax purposes, or religious beliefs. How Does the State of Florida Handle Separations? While Florida does not ...
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  • Will Legal Counsel Be Allowed to Access Our Public Data Assistants (AKA Cell Phones)?

    Posted By Owenby Law, P.A. || 16-Dec-2016

    The content within our Public Data Assistants, also known as our cell phones, have become a more prominent part of legal litigation as social networking continues to grow and as humans continue to grow more reliant on cellular devices as means of information, entertainment, and communication. Research now suggests that the use of cellular wireless devices may be just as important as the various ...
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  • 3 Steps to Surviving the Holidays While Initiating Divorce

    Posted By Owenby Law, P.A. || 13-Dec-2016

    Divorce can occur as the result of extramarital affairs, emotional abuse, irreconcilable disagreements, and various other reasons. Regardless of what the reasons may be, divorce can be emotionally taxing, especially during the holiday season. Because our Jacksonville divorce lawyers would like you and your family to enjoy the holiday season as much as possible, we have provided three steps to ...
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  • Homeschooling and Issues Regarding Shared Parental Responsibility in Florida

    Posted By Owenby Law, P.A. || 7-Nov-2016

    Every year, more Floridians choose home education as opposed to public education. In fact, more than 75,000 students in Florida are currently home-schooled. As a result, Florida has earned a reputation as one of the friendliest places for homeschooled students. Of course, the decision to homeschool a child goes considered much more than pedagogy; it extends to the consideration of lifestyle ...
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  • How Does Florida Distribute Assets During Divorce?

    Posted By Owenby Law, P.A. || 16-Sep-2016

    Each state has their own way of handling the distribution of assets for couples who file for divorce. The state of Florida is considered an “equitable distribution” state, meaning marital property is automatically assumed to be owned by both spouses equally. The Difference Between Marital Property and Separate Property Marital property is any asset that was acquired during the marriage ...
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  • Owenby Law, P.A. Opens New Office Location in St. Augustine, Florida

    Posted By Owenby Law, P.A. || 4-Aug-2016

    Our legal team at Owenby Law, P.A. is pleased to announce that we have opened a new office location in St. Augustine, Florida. At this location, we will provide all of our services to the residents of our city and other cities throughout St. Johns County. Because we are dedicated to serving our clients with highly experienced representation, we will continue to handle cases pertaining to the ...
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  • What Types of Spousal Support are Available in Florida?

    Posted By Owenby Law, P.A. || 19-Jul-2016

    If you are planning on getting a divorce in Florida and are seeking spousal support, it is important for you to be aware of all the options that are available. Earlier this year, the government was considering an overhaul of the state’s alimony laws, but because of contention over an equal child-sharing provision, the measure did not pass. Until this matter is revisited, there remain five ...
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  • Redirecting Child Support Payments to a Third Party

    Posted By Owenby Law, P.A. || 1-Jun-2016

    Child custody and support are two of the most important, and often contentious, decisions that are made in a divorce. Keeping the best interests of the child in mind, Florida judges take into account a number of factors when making a decision about which parent a child should live with. However, what if neither parent can provide the necessary level of physical and financial care for their child? ...
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  • Former Husband Appeals Lower Court Alimony Decision

    Posted By Owenby Law, P.A. || 17-May-2016

    In the First District Court of Appeals, a former husband has filed an appeal seeking review of a final divorce judgment and subsequent denial of his motion for rehearing and/or reconsideration. The man argued that the trial court made a mistake in failing to make the necessary findings in support of a $3,500 per month alimony award to his former wife, which he claimed he cannot afford and which ...
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  • Circuit Court Appeal Challenges Contempt & Fees

    Posted By Owenby Law, P.A. || 16-May-2016

    The First District Court of Appeals recently made a decision in a post-divorce case involving support fees and a finding of contempt. In this case, a former husband was sued by his former wife for failing to pay the full amount of support under their court judgment. He originally paid his child support obligation in the amount of $343.64, three days after it was due, and refused to pay the ...
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  • Gov. Rick Scott Vetoes Custody & Alimony Reform Bill

    Posted By Owenby Law, P.A. || 18-Apr-2016

    Florida Governor Rick Scott recently vetoed a controversial alimony reform bill (SB 668) after claiming that the legislation could potentially end up prioritizing the wants of parents over the best interests of children. The Bill passed the Senate 24-14 and later cleared the House on a 74-38 vote before being struck down on April 15, 2016. The Bill proposed the following main changes: Children ...
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  • Financial Responsibility for a Child's Uncovered Medical Expenses After Divorce

    Posted By Owenby Law, P.A. || 4-Apr-2016

    Which parent is responsible for paying uncovered medical expenses for a minor child after a divorce ? Generally, parents split the responsibility, though the percentage of each parent’s responsibility varies from case to case depending on each parties’ financial responsibility for child support. As an example, a recent case in the Florida First District Court of Appeal involved a woman ...
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  • Case is Remanded Due to Insufficient Reasons for a Modified Alimony

    Posted By Owenby Law, P.A. || 15-Feb-2016

    Recently, a case involving a modified alimony has been remanded. The former husband challenged a final order, which modified an alimony to an increased amount. He states that the trial court did not supply sufficient reasons for the modified alimony amount that is to be awarded to his ex-wife. Currently, there is no explanation for the increased amount, and it is not apparent as to how the trial ...
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  • Why is Divorce So Common in January?

    Posted By Owenby Law, P.A. || 5-Jan-2016

    According to a variety of sources, January is referred to as the “Divorce Month.” Researchers state that during the first month of the year, the number of divorce filings exceeds the normal rate. But why is filing for divorce so popular during the month of January? Our Jacksonville divorce attorney list some of the most common reasons: 1. The Holidays Have Come to an End. Many couples ...
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  • Divorce is Tough But the Holidays Don't Have to Be

    Posted By Owenby Law, P.A. || 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, P.A. || 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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  • Things to Consider During a Grey Divorce

    Posted By Owenby Law, P.A. || 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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  • Uncontested Divorce Checklist

    Posted By Owenby Law, P.A. || 28-Aug-2015

    One thing that experience has demonstrated to the divorce lawyers of Owenby Law, P.A. 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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  • Dissipation of Assets During Divorce

    Posted By Owenby Law, P.A. || 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, P.A. || 18-May-2015

    While our attorneys at Owenby Law, P.A. 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, P.A. || 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, P.A. || 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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