A Durable Power of Attorney (“DPOA”) is a written legal instrument signed by one person, known as a principal, appointing another person, known as an agent, to act on the principal’s behalf. Most such DPOAs enumerate specific powers which the agent may exercise. For...
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What is “mandatory disclosure” in a Florida dissolution of marriage case?
In order to assure that the parties and the court are fully informed on all issues regarding assets, liabilities and income, the Florida Family Law Rules of Procedure set forth requirements for mandatory disclosure. Mandatory disclosure is required so that the parties...
Is a Person Serving as Agent Under a Durable Power of Attorney Entitled to Compensation?
A Durable Power of Attorney (“DPOA”) is a legal instrument in which a principal can designate a person as agent to act for the principal. Most DPOAs give the agent a “laundry list” of powers covering a wide-range of financial, legal, and personal matters. These could...
Why You Need a Living Trust
Many times people come into our office and tell us that they’ve read that they need a Living Trust (also known as a Revocable Trust). Sometimes they heard it through a friend or in something they've read. However, they often don't have a clear grasp of why they need...
Parenting Plans: Determining Parental Responsibility and Timesharing
A parenting plan in a Florida divorce is a written document approved by the court which sets forth important matters pertaining to the couple’s minor children. The parenting plan can be agreed upon by the parents or it can be determined by the court. Specifically, the...
What should I do to prepare myself if I am contemplating a divorce?
In Florida, as in most states, if you are considering a divorce, there are a number of matters that you need to think about and steps that you should take. First and foremost, you should think about your safety and well-being as well as that of any minor children. If...
Florida Expands Abuse of an Elder Person to Include Intentional Isolation from Family Members
In April of 2021, the Florida legislature unanimously approved passage of SB/HB 1041 which provided additional protections to elder persons . Among the changes, SB/HB 1041 amended Chapter 825 which addresses the abuse, neglect and exploitation of elder persons and...
“Uncontested” Divorce in Florida—What Does it Mean?
In our law practice, we often hear people contact us saying they need a divorce but that it will be “uncontested.” Sometimes they are correct in saying this but in other cases, they don’t really understand what an uncontested divorce means. The meaning is broader than...
Parental Responsibility in a Florida Divorce
We often hear parents who are seeking a divorce use the term “child custody.” The fact of the matter is that the term custody is no longer used in Florida dissolution of marriage proceedings. Instead, the terms “parental responsibility” and “time-sharing” cover what...
Can alimony payments be deducted on your income tax return?
One major issue which must be addressed in a Florida divorce involves alimony. In simple terms, alimony is money paid by one ex-spouse to the other to assist with that person’s support and living needs after the divorce. Prior to December 31, 2018, alimony payments...
