There are two common types of implied warranties. One is referred to as an Implied Warranty of Merchantability. The other is referred to as an Implied Warranty of Fitness. Implied Warranty of Merchantability An implied warranty of merchantability is an unwritten warranty to a Buyer that the goods purchased from…
Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, paternity, or modification case, but many people do not see the process as the benefit it is. During mediation, the two parties will meet with a mediator who is an unbiased and uninterested person in the case. …
“I signed a Quitclaim deed so I’m not responsible for the mortgage anymore”. That statement is one of the most common mistakes that people make when it comes to Real Estate transactions. Quitclaim deeds are used most often between family members such as an owner of property adding their spouse…
How do you and your spouse share the finances? Most married couples have their finances mixed together. For instance, it is not unusual for a married couple to share credit cards, savings and checking accounts, real estate, and other property. When parties go through a dissolution, these finances must be…
Few people want to accept responsibility for a lifelong obligation that they were not responsible for. There is more than one way under Florida law to create a parental relationship with a child. Not all relationships in today’s society follow the model that involved a two parent family whereby the…
There may be some negative stereotypes that are associated with Prenuptial Agreements. Typically, neither party wants to detract from the blissful atmosphere typical prior to a wedding. However, a Prenuptial Agreement can also help preserve a marriage. This is because there is certainty as to how things will terminate should…
Family law clients always ask me, “What is a QDRO?” (pronounced informally “Quad-Row”) QDRO is an acronym for Qualified Domestic Relations Order, which is a court order that grants a party a right to a portion of the retirement benefits his or her former spouse has earned through participation in…
That dreaded word in a divorce: Alimony. Alimony is determined by the court after looking at one party’s actual need versus one party’s ability to pay. After equitable distribution is determined, the court reviews what money is left over, if anything, and considers the parties’ circumstances to come up with a fair…
Divorces in Florida typically split the parties’ assets and liabilities down the middle as much as possible. Determining what is a marital asset or liability or a non-marital asset or liability can be key to whether an asset or liability will be considered in the calculations. Before filing for divorce,…
In Florida, the enhancement of value of a nonmarital asset could be declared by a divorce court to be a marital asset. Most of the time you see this when one spouse’s nonmarital asset is alleged by the other spouse to be a marital asset. If it cannot be declared…