Entries by admin18

Division of Property and what is “Marital Property”?

In a Florida divorce, only “marital property” is subject to equitable division.  Simply put, marital property is property acquired during the marriage from the effort of one or both spouses.  It does not matter which spouse earned the money, nor the name is on the title.  Keep in mind, however, this is only for division […]

Jurisdiction and Venue: Where do I file my divorce or paternity case?

What is jurisdiction?  There are 2 main kinds of jurisdiction.  Personal Jurisdiction and Subject Matter Jurisdiction. In layman’s terms, Personal Jurisdiction is the right of the state to make rulings over a party, specifically, the Respondent (or Defendant).  In order for that to happen, the Respondent must have a connection to the state in which […]

Should I co-own property with my spouse after divorce?

In general, it is not a good idea to co-own property with your ex-spouse after a divorce.  There are several reasons for this. Real Estate owned by both parties during the marriage is often what we call a “tenancy by the entirety”.  The simplest way to explain this is that the property is owned not […]

Criminal and Juvenile Defense

In addition to Family Law, I also handle Criminal and Juvenile Defense. I read this recently and, of course, it happened in our wonderfully strange state of Florida. Sean Slocum, age 21, of West Palm Beach, Florida, is clearly not a very bright guy. The idiotic criminal decided the best way to get out of […]

Divorce and Division of Assets

I recently read an interesting article involving divorce and division of assets. Sue Ann Arnall, who divorced oil magnate Harold Hamm in Oklahoma, intends to move forward with her appeal of the November 2014 Divorce Order even after cashing a $975 million check from the Husband which was the entire balance owed to her of […]

Family Law and Divorce

What is a Divorce? Actually, in Florida, this is technically called a “Dissolution of Marriage”, but “Divorce” is still an accepted and widely used term. A Dissolution of Marriage is just what is says, the dissolution (or dissolving or ending) of a marriage and the resolution of the issues that come along with it. Some […]

Family Law – Shared Parenting

SHARED PARENTING Part 2 by Shawn Hungate. Shared parenting is the most positive method to restructure the family after a divorce or, in the case of unmarried couples, an establishment of paternity.  But, in cases where there is serious child abuse, ongoing and serious domestic violence, or other extreme situations, like one parent going to […]

Family Law – Shared Parenting

SHARED PARENTING part 1 by Shawn Hungate. Commonly referred to as custody, the concept of shared parenting comes up after a dissolution of marriage (divorce), or the establishment of paternity.  Shared parenting does not necessarily mean rotating custody, but is the term used to describe the relationship that is established between the parents and the […]

Juvenile Arrest and Juvenile Criminal Charges

Part 3: Right to Counsel A Juvenile’s right to counsel is governed in part by Florida Statute 985.033.  It states that “A child is entitled to representation by legal counsel at all stages of any delinquency court proceedings…” In the Juvenile Delinquency system, the State Attorney’s Office represents the State of Florida, just as they […]

Juvenile Arrest and Juvenile Charges

Part 2: Treating Juveniles as Children or Adults in the Criminal Justice System. In the vast majority of cases, a child in the Juvenile Delinquency system will remain there.  IF the police charge the child, the information goes to the Department of Juvenile Justice and the State Attorney’s Office for them to review.  The State […]