Courts have wide discretion to set valuation dates for residential property In part 1 of this post, we introduced the question of home valuation as it impacts property division in a divorce. We talked about how a solid grasp of how the court might choose a fair and...
Property Division
Florida divorce: The house is worth what?!? Part 1
Negotiating a fair divorce settlement in an unpredictable real estate market As of Oct. 31, 2022, Florida home values had increased 25% in the year just passed, according to Zillow. If we have learned anything, the real estate market can be volatile under unforeseen...
Can I move out of our family home during my Florida divorce?
The short answer is yes, but you should make the decision to leave home carefully and after consultation with a lawyer, if possible. Most people think that if you move out, the judge will probably want to keep things status quo, especially if the arrangement is...
Does your pet have the key to your heart this Valentines Day? part 2
Is Mittens more loyal than your soon-to-be ex-spouse? In part 1, we revisited the treatment of family pets in Florida divorces – basically like personal property. Sadly, in some marriages that are on the rocks, parties develop more feelings for their pets than for...
Florida divorce: Cupid aimed for my spouse but hit my dog, part 1
Your marriage is over, but your furbaby still has your heart Many Floridians have dogs, cats and other pets smaller or larger – or less traditional. Especially during the pandemic, pets play an important role within many households and are part of the family. Lots of...
Putting a dollar sign on a Florida business during a divorce
If you face divorce and you, your spouse or both of you jointly own a business, proper valuation of that enterprise is necessary so the court can fairly divide the marital estate. You and your spouse may be able to agree on a number, but if not, the judge will...
Haunted by a bad marital settlement agreement? Can it be set aside after divorce?
What generally happens with a marital settlement agreement (MSA) in a divorce is that the judge reviews it and incorporates its terms into the final divorce decree, if it complies with the law and is in the children’s best interests. So, while it was in essence a...
Bill and Melinda Gates announce divorce and separation contract
On May 3, Microsoft co-founder Bill Gates, 65, and his wife Melinda French Gates, 56, announced their divorce on Twitter after almost 30 years of marriage. That same day, Ms. Gates filed a petition for divorce, which Mr. Gates joined. The petition states that the...
Long separation before Florida divorce could be financially problematic, part 2
In part 1, we explained that under Florida law the marital estate usually consists of the marital assets and debts as of the date of the divorce petition filing – called the cut-off date. The marital estate is the totality of property and liability equitably...
Separated but still married in Florida? It could end up costing you, part 1
It is not uncommon when a marriage breaks down for one spouse to move out of the marital home in anticipation of eventual divorce. Every couple is different – one might file for divorce immediately to get it done as soon as possible, while another might want to give...
The Law Office of Forrest & Forrest, PLLC represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
