Author Archives: Jay Butchko
What’s the Right of First Refusal in Florida Parenting Plans?
Many divorced parents who create a parenting plan are confused about the so-called “right of first refusal” provision. What is the right of first refusal, and what role does it play in parenting plans? What’s the right of first refusal? The right of first refusal is often included in parenting plans signed by divorced… Read More »
What Happens if My Spouse Dies in the Middle of Our Divorce?
Getting divorced can be a time-consuming and stressful process. In some cases, it takes months or even years to resolve a divorce case, especially if there are many contested issues. But what happens if your spouse dies in the middle of your divorce? What to do if my spouse dies before our divorce case… Read More »
Can I Request a Psychological Evaluation of My Ex-Spouse?
If you are concerned over your former spouse’s mental health during divorce proceedings, you may wonder whether you can request a psychological evaluation of your ex-partner. Mental health concerns in child custody cases It is common for child custody disputes to involve one parent questioning the other parent’s mental stability. Cases involving psychological evaluations… Read More »
When is Supervised Visitation Necessary in Florida’s Custody Cases?
Supervised visitation is when a non-custodial parent is only allowed to visit with the child when supervised by another individual, usually a family member or social worker. Many people do not understand the difference between supervised visitation and supervised exchanges. Supervised exchanges are ordered by the court to prevent high-conflict interactions between the two… Read More »
Can I File for Florida Divorce Without a Spouse?
If you want to get a divorce in Florida, but your spouse refuses to sign papers or cannot be located, you may wonder, “Can I file for divorce without my spouse?” The short answer is, “Yes, you can.” As long as you meet residency requirements, and you wish to file for a no-fault divorce… Read More »
Can Your Driver’s License Be Suspended for Not Paying Child Support?
If you were ordered to pay child support but failed to meet the legal obligation to provide payments to the obligee, you may face serious penalties. In the state of Florida, possible penalties for not paying child support include wage garnishment, fines, driver’s license suspension, and even jail time. If you are behind in… Read More »
Could I be Accused of ‘Kidnapping’ My Own Child in Florida?
If you are wondering, “How could I possibly kidnap my own child if I’m their parent?” the answer is, “You could!”. In the state of Florida, it is possible to kidnap your own child, and doing so could result in the termination of your parental rights. If you do not want to lose your… Read More »
What to Do if I Cannot Pay Child Support?
If you were ordered to pay child support to the other parent of your child but can no longer afford the monthly payments, the worst thing you can do is just stop paying. Once a Florida court ordered you to pay child support, making these payments is not optional. You cannot just stop making… Read More »
How Are Pension and Retirement Accounts Divided in a Florida Divorce?
As the number of gray divorces across Florida and the United States keeps rising, people aged 50 or older are now more likely to get divorced. If you are an older adult or have been in a long-term marriage, pension and retirement benefits could account for a significant portion of marital assets. It is… Read More »
Is a Marital Settlement Agreement (MSA) Right for Your Florida Divorce?
Contrary to popular belief, ending a marriage is not always a lengthy, costly, and adversarial process. While these divorces are not uncommon, you may be able to resolve your divorce case quickly and reduce the cost of the process if you opt for a marital settlement agreement (MSA). A marital settlement agreement can be… Read More »