Author Archives: Jay Butchko
4 Types Of Divorce In Florida
Even when you know the basics about divorce and the process of legally ending your marriage, you might not be aware that there are multiple strategies for the proceedings. The problem is that your options are not so clear when scanning through the Florida statute on dissolution of marriage. There are numerous provisions on… Read More »
Power Of Attorney And Living Trusts: Your Agent’s Authority To Amend
A power of attorney is one of the most powerful estate planning tools that supports your financial interests if you become incapacitated. In this document, the principal names an agent who has power to act and make decisions about managing your nearly all facets of your life including your money, insurance, investments, property etc…. Read More »
Can I Modify The Type Of Alimony After My Divorce In Florida?
Whether you are the party paying or receiving alimony as part of your final divorce decree, there is a good chance that your circumstances will change in the months and years that follow. Florida divorce laws do allow you to modify spousal support if you meet certain criteria, but many people focus on the… Read More »
What To Expect At A Full Hearing In A Florida Domestic Violence Case
A domestic violence case may start with a police encounter, arrest, and criminal charges, but there are also civil remedies for victims that do not involve a confrontation with law enforcement. Florida’s domestic violence statute allows a person to obtain a restraining order on an emergency basis by filing a petition and attaching an… Read More »
What To Include In A Florida Collaborative Divorce Agreement
Many divorcing spouses seek a non-confrontational, amicable resolution to dissolving their marriage, so more couples are turning to collaborative divorce instead of the traditional courtroom setting. Florida’s Collaborative Law Process Act establishes a framework for the parties to work out divorce issues through guidance from their respective attorneys, without the need for court intervention…. Read More »
How Can Personal Care Contracts Help Me Qualify For Medicaid?
If you are approaching or are older than 65 years old, you have probably given some thought to how you will pay for medical care as your needs increase with age. Even after a little homework, you may be disappointed to find that your options are limited when it comes to the US government’s… Read More »
Parental Rights Of Same Sex Couples Under Florida Child Custody Laws
Same sex couples rejoiced in 2015 when the US Supreme Court ruled that the fundamental right to marry is guaranteed to all by the due process and equal protection clauses in the US Constitution. However, marital relationships break down among same sex couples just as they do with heterosexual spouses. When going through Florida… Read More »
Does Your Florida Advance Directive Include HIPAA Authorization?
Even if you have not yet executed the paperwork, most people who have looked into Florida estate planning options know the function of a health care advance directive. State law uses the term Designation of Health Care Surrogate, and this document enables you to name an agent to make medical decisions and manage your… Read More »
Florida Trusts: Terminology And What It Means
If you are just starting the estate planning journey and want to know whether a trust is the right fit, a good starting off point is getting to know the important terminology. A helpful resource is the definitions section of the Florida Trust Code, which covers the essential parties to a trust. The settlor… Read More »
5 Facts You Did NOT Know About Property Division In Florida Divorce
Not all divorcing couples will need to deal with alimony and care for minor children, but the vast majority of parties must address how to divide their assets. Florida divorce laws require equitable distribution of property, an analysis that starts by determining whether an item is marital, partially marital or separate property. The default… Read More »
