Wise people anticipate their separation by drafting a prenuptial agreement. This agreement describes how a couple will split their assets in a divorce. Bi-national couples may want to consider planning for an international divorce – but what does an international prenuptial agreement look like? Can a prenuptial agreement be recorded in one country be enforced...
Category: Family Law
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Recovery of Child Support
Recovery of child support in the case of international divorce Getting the divorce judgment is often just the first step of a divorce. Next comes the more tedious part of the separation: the enforcement of the judgment. In the case of international divorce, it is somewhat common to see a spouse flee the country in...
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Can I get a divorce in Florida?
Getting a divorce in Florida may seem attractive as it is a no- fault state. However, not everyone falls into the Sunshine State’s jurisdiction. The increase of bi-national couples raises the question of jurisdiction for dissolution of marriage. A “no-fault divorce” is one in which neither spouse is required to prove “fault” or marital misconduct on...
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Is my divorce valid in the United States?
Case Study: Domestication of French mutual consent divorce agreements On a global average, approximately 50% of all marriages end up in a divorce. Second, more couples than ever are bi national or live outside of their country of nationality. Therefore, laws and courts had to adapt to this new reality. Several countries can have jurisdiction...
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Technology & Family Law: Parenting Plans and Electronic Filing
If you are thinking about getting a divorce, there are many things that you should consider. The most important aspect that you should think about is child custody and time sharing. In Florida, courts require a Parenting Plan in all cases involving time sharing with minor children. This is true even if the couple agrees on...
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How to Receive Alimony in Florida
Courts may order alimony for a spouse in need after a divorce or separation; however, it is not punitive. Courts will recognize that one spouse may have more skills and resources than the other spouse after a divorce. Thus, alimony levels the playing field and has three classifications based on length of marriage. Types of...
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Divorce and Consent in Florida
Under Florida law, if you want to get a divorce, you must file for a dissolution of marriage. Because Florida is a “no-fault” divorce state, spouses who file for dissolution of marriage do not need to prove that it was the other spouse’s fault for the separation. This means that generally, a petitioning spouse does not...
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Enforcing Foreign Judgments in Family Law Matters
If you have attained a divorce decree internationally, it may seem like the case is over. You filed all your paperwork, a judge heard your case at a hearing, and the court entered a judgment; however, what happens if you and your spouse have dual or different citizenship? Can you enforce a foreign judgment in...
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LLCs & Marriage: How to Protect Your Business
Although most people do not plan for divorce, with the increase in divorce rates, asset protection before marriage may be beneficial to both spouses. Without protection, already difficult divorces may become even more difficult, especially regarding the splitting of marital property. If you and your spouse own an LLC together, a court may divide the...
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Family Law Spotlight: Child Support
Under Florida law, children have the right to be financially supported by both parents. Courts base the determination of child support on the salary or income of both parents individually, the number of nights the child spends with the non-custodial parent, and other factors such as cost of daycare. Most child support orders have an...