Oviedo Law Blog

The details of your marriage breakup are likely very different from those of other divorcing couples. While many spouses simply drift apart, others go through traumatic conflicts they can't resolve, and still others may experience a series of betrayals. Whatever the cause of your decision to divorce your spouse, you have numerous choices for the path you will take to dissolve the marriage.

Among those choices are mediation and collaboration. More couples are choosing these methods of divorce because they are less contentious and allow spouses to walk away with dignity and the potential for cooperating over common issues in the future. This is important for couples who have children or own businesses together. However, there are also circumstances where these alternative dispute resolution methods may not be appropriate and you need a strong litigator on your side.

Though a person may spend a lot of time in preparing a well thought out Last Will and Testament, things do not always go as planned. If that person does not update their will as ownership of assets change over the years, then those which are deemed to be the inheritance of another person may not always be available. In addition, if a person's financial situation changes, then upon their passing the estate may not hold enough funds to distribute money to a beneficiary. There are rules in place for these situations which determine whether a beneficiary is still entitled to anything.

Ademption is what occurs when property which was identified in a will is no longer owned or available at the time of death. In this scenario, the beneficiary to whom the property or gift was deemed will receive nothing. If the asset no longer exists then, in layman's terms, the gift no longer exists either. There are two exceptions to this rule. First, if insurance proceeds are payable to the estate due to the loss of property which a beneficiary was to receive, then that beneficiary is entitled to those proceeds. Second, ademption does not apply in cases where a person has left a cash inheritance to a beneficiary and specifically named the source or account from which it is to come. Even if that account is closed at the time of death, the beneficiary is still entitled to those funds from the estate.

When an individual passes away without a valid last will and testament, they are said to be "intestate." This means that property will be divided based on the intestacy laws of the state in which they are located. For out of state property, the laws of the state in which the property is located will take precedence.

Property does not consist of only real estate. Property of an estate consists of real estate, vehicles, personal property, bank accounts, retirement accounts, life insurance proceeds and a multitude of other assets an individual may own at his or her time of death. The value of an estate is determined by the total sum of all of these, with a valuation based on present day markets.

Modification of a child custody agreement is not a matter taken lightly by any court. A party must be able to prove, beyond a shadow of a doubt, that changes have taken place which directly affect the well-being and safety of a child. The child's best interests will always remain the heart of any custody agreement. While the state of Florida has made it easy to file a modification petition, that does not mean that a Judge will easily grant one.

According to Florida law, a modification to a parenting plan or time-sharing schedule will only be considered when a substantial, and unanticipated change has occurred. This means that the change which has facilitated the need for a modification must not have been pre-planned, or even anticipated in any way when the original agreement was entered. This can include location changes, mental or physical health status, and living conditions, just to name a few. Further, the change must be substantial in nature, meaning that the best interests of the child are affected.