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December 2013 Archives

How student loan debt is dealt with in divorce proceedings

Divorce proceedings in Florida tend to divide up marital debt between two former spouses. This can include mortgages, credit cards, and car and other personal loans. If student loan debt is incurred during a marriage, the equitable division is somewhat more complicated, especially if payment designations aren't defined in a prenuptial or postnuptial agreement.

New bill offers hope in global custody battles

A new bill sponsored by Rep. Chris Smith might offer hope to parents involved in international custody battles. The new bill focuses on providing the State Department with more power through the use of diplomatic tools to help so-called 'left-behind" parents resolve custody situations in other countries where American legislation might not be recognized.

Florida court favors ex-spouse in discretionary trust spending

A recent Florida judge's decision may be good news for those who are considering divorcing a spouse that has access to trust funds. According to a recent decision in the case of Berlinger v. Casselberry, spouses who draw funds from a discretionary trust may be liable to pay spousal support or child support from those funds in the future.

Things to consider before asking for a prenuptial agreement

Many Florida residents may find valuable the knowledge that data provided by the American Academy of Matrimonial Lawyers shows that 63 percent of divorce attorneys have reported an increase in prenuptial agreements in the last three years. Given their increased usage by the general public, one author has three pieces of advice for anyone who may be considering having a potential spouse sign a prenuptial agreement.

Working for a fair divorce settlement

It should come as no surprise to learn that those going through a divorce can end up in a better financial position if they work together to try and get a fair settlement for both spouses. While the divorce process can be extremely adversarial, there are many benefits that can be gained by Florida couples working with each other on a fair settlement.