A "Split Decision"
February 22, 2009
On July 1, 2008, the Florida Legislature made several changes to Florida Statute §61.075 pertaining to the division of property. Among the changes are a new provision for an interim partial distribution of marital assets prior to a divorce being finalized upon a showing of "good cause" and the removal of an old rule allowing a party to a divorce to argue "special equity" or a disproportionate interest in a marital asset.
In today's economy, where people are facing the prospect of bankruptcy and mortgage foreclosure at an increasing rate, these modifications have the ability to change the playing field in a divorce dramatically. It is important to have counsel who can navigate these issues effectively.
At Busciglio & Sheridan Law Group, our lawyers help simplify the entire process. Please contact our offices for more information and assistance with your family law matters.
A Rose By Any Other Name...
December 23, 2008
In his masterpiece Romeo and Juliet, William Shakespeare wrote, "A rose by any other name would still smell as sweet." The argument over what defines a thing, its essence, or its designation continues today. On October 1, 2008, the Florida Legislature threw its hat in the ring with their revisions of Chapter 61 of the Florida Statutes which governs divorce, child custody, and visitation issues. Beginning in October 2008, divorced parents shall no longer be designated as "Primary" or "Secondary" with regards to custody of their children. This change was based on the fear that the system of labeling parents as primary and secondary residential parents was causing too much costly litigation.
While the designations are no longer present, the issue remains. Now, the family courts must consider Chapter 61's reformed and expanded factors, 20 to be exact, for consideration in creating a "Parenting Plan." This plan will include a general outline of the overnights and timesharing the children will spend with each parent, including holidays, summer vacation and other special occasions. Despite the change in nomenclature, you can bet issues such as the amount of time with the children and child support are still present and continue to be litigated.
At Busciglio & Sheridan Law Group, our Tampa, Florida lawyers help simplify the entire process. Please contact our offices for more information and assistance with your child custody, child support, divorce, and other family law matters.
