More on asset protection in divorce

On April 3, 2012, in Divorce, General Family Law, by Brent Rose

Lately I have had a few divorces where “family money” is involved. The issue in those cases is whether the family/nonmarital funds are commingled with marital funds thereby making them marital . Most of the time these situations are reactive, not proactive. We don’t do anything on them beforehand, so I have given some thought […]

Asset Protection in Divorce

On February 22, 2012, in Divorce, General Family Law, by Brent Rose

If  you are past your mid-thirties and going on your second marriage, it’s a pretty good idea to look at asset protection. Strangely, I get a lot of questions about asset protection from people who don’t have any assets and aren’t planning on marriage. Well, first, get the assets.  There’s not much point in speaking […]

A piece of the action: how much of your spouse’s injury settlement can you get in a divorce?

On January 2, 2012, in Divorce, General Family Law, by Brent Rose

There are a couple of ways that one can be entitled to a portion of the proceeds of spouse’s lawsuit or recover from a spouse’s negligence claim or malpractice injury in Florida.  One is that you could sue for “loss of consortium” (companionship, sex, etc.) because of the negligence.  But my friends who are medical […]

The Rules for Holiday Visitation

On December 5, 2011, in Custody, Divorce, General Family Law, by Brent Rose

The holidays are almost here again, and it’s time to look at some of the rules regarding holiday timeshare, and how you should handle things with the kids: 1. Traditions must change I firmly believe that it’s important for families to have traditions.  It’s part of what brings us together and builds a bond between us.  […]

My take on the Hulk Hogan divorce

On December 4, 2011, in Divorce, General Family Law, by Brent Rose

Here was my take on the Hulk Hogan/Linda Bollea divorce, quoted in this national news article: __________________________________________________________________ A recent court filing spilled the beans on Linda Bollea’s 2009 divorce settlement with wrestling superstar Hulk Hogan, and it’s a whopper. The WWF icon, whose real name is Terry Bollea, was taken to the mat by his […]

Happy holidays? Or are they?

On November 23, 2011, in Custody, Divorce, General Family Law, by Scott Orsini

One of the most stressful times for separated parents is the holidays. There is always a battle with “who drops off when” and “we have to drive here” and so forth. The scary part is that many people actually believe this is for the benefit of their children and not their own schedules. I mean […]

Florida, is it time to relocate?

On November 10, 2011, in Custody, Divorce, General Family Law, Visitation, by Brent Rose

If you’re looking at this post, you probably know that the Florida legislature changed the rules for permanently relocating children a few years ago.  Now, the parent wishing to move the child has to follow a strict set a rules, give notice to the “noncustodial parent” (I know we don’t use that term now, that’s […]

Divorcing While in the Military

On June 1, 2010, in Divorce, by Brent Rose

Question: I’ve been in the Army, stationed in Japan, for two years. I’m from Florida, my husband is from South Dakota, and we were married in San Diego. I’ve always kept my legal residence as my parents’ house in Tampa. My HOR (Home of Residence) in the Army, is declared as Florida. Can I file […]

What constitutes “marital property” that gets evenly divided in a divorce?

On May 21, 2010, in Divorce, by Brent Rose

That’s a complicated question, but it’s an important one to know the answer to in a contested divorce. Generally, the only things that are non-marital are funds or items that were acquired prior to the parties being married, though there are many exceptions to that rule. For instance, if, after marriage, a person puts his […]

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