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Equitable Distribution

We all know divorce implies a division of the couple’s assets. However, this distribution will operate differently depending on whether or not the couple has a prenuptial or  post nuptial contract governing the distribution. In the absence a contract, Court will apply the legal rules by default to determine the distribution. Most of the countries...

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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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Prenuptial & Postnuptial Agreements

What is a Prenuptial Agreement? A prenuptial agreement is a contract outlining the terms of possession of assets written and agreed to before marriage.  Furthermore, a prenuptial agreement protects the financial interests of both parties in the event of a divorce.  In Florida, the spouse to be bound by the contract must have the opportunity...

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International Family Law – What is a migratory divorce?

Migratory Divorces Depending on the classification of the divorce, the U.S. may or may not recognize its decree.  Furthermore, divorce is a state law issue.  In most divorce cases, the state considers the residency of the spouses, notice of the divorce decree, and public policy. Types of International Divorce: Bilateral : This is based on both spouses...

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Will the U.S. recognize a divorce done abroad?

The number of international divorces is increasing worldwide.  Typically, couples facing international divorce are: U.S. nationals where one or both spouses lives abroad, one spouse lives in the United States while the other lives abroad, or both spouses are foreign nationals living in the United States.   In the all three situations, a petitioner likely can...

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International Divorce Litigation

The international workforce in today’s world is progressively more mobile,thus there has been an increase in international marriages.  There are a variety of issues surrounding international divorce and a major one includes where to file. Filing for Divorce in the U.S. If you live in the United States and your spouse lives abroad, you may be...