Back to School Single Parent

Learning how to co-parent and share the parental responsibility for children after a divorce or separation can be a stressful endeavor for many couples. Things you may have once handled seamlessly when you were married can suddenly become a strain as a single parent. In order to avoid back to school issues communication and organization are key. Here is an good article on getting ready for back to school time! back-to-school-tips-6-ideas-to-stay-connected-organized-and-communicating.

If you are facing a new school year with a new family dynamic and need the guidance of a good legal advice and solid decision making, call the experience Family Law Attorneys at the Law Office of Jennifer Dane today. We have experience helping people navigate the family law courts and we would welcome the opportunity to help your family. Call today for a confidential consultation 407-260-0500.

 

Relocation with Minor Children

We live in a very mobile country and particularly transient state, so when divorced parties want to relocate it is sometimes a shock to the system to realize they need permission for the courts. There is a very specific Florida statute 61.13001 which govern relocation. The Statute specifically governs the relocation of the parent, not the child, which is even more confusing to most parents. As a rule, if you want to relocate more than 50 miles then you will be required to either file a Petition for Relocation or reach an agreement with the other party regarding the relocation.

For more help and information about how to successfully relocate with your minor children, call the skilled relocation attorneys at the Law Office of Jennifer Dane, in Winter Park today, 407-260-0500.

Mandatory Parenting Course

When you are getting a divorce and you have a 16-year-old or a 6-year-old child you and your partner will be required to take a 4-hour Parent Education and Family Stabilization Course. This course is intended to educate parents on the concepts of co-parenting for the benefit of the minor child through the separation and after the divorce.

Depending on the county where venue is proper for your case (typically the last place you resided together as a family) that county may have specific requirements for the Parenting Course. For example, Seminole and Brevard Counties require the course be taken in person, while Orange and Osceola Counties only require a certificate from an online course. Once you have completed the course the certificate will be filed with the clerk of court. It is important to remember that the completion of the course is required before you can finalize your divorce.

Divorcing can be a time-consuming process which we generally see effect the parties themselves, however, it is important to remember the toll the divorce may have on the children and how to best prepare them for what they may feel as the uncertainty that lies ahead. The course is not meant to punish divorcing couples instead to educate them on a process they have likely never been through for the benefit of their children.

If you have additional question about divorce in Orange, Osceola, Seminole or Volusia counties, contact the attorneys at the Winter Park Family Law Office of Jennifer Dane. Call today for your confidential consultation 407-260-0500.

 

Gray Divorce

Gray Divorce and what it means for your retirement. Read more here

 

Danny DeVito and Rhea Perlman jumped on the "gray divorce" bandwagon in 2017.

Blog Post

Blog Post

Equitable Distribution in Florida

house

Appreciation in Value of Non-Marital Property May Be Considered Marital Property for Purposes of Equitable Distribution in Florida Divorce Proceedings

Florida is an “equitable distribution” state when it comes to the division of marital property during dissolution of marriage, or divorce, proceedings. In this context, “equitable” does not necessarily mean “equal,” but rather “fair.”

 

Most people know that marital property typically includes assets acquired during the marriage, individually by either spouse, or jointly by both parties. However, enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage, or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both, is also considered a marital asset, and therefore subject to equitable distribution in divorce proceedings.

 

When it comes to real property, any increase in value to non-marital property as a result of improvements made using marital funds is considered by the courts to be marital property, and therefore, subject to equitable distribution. This includes including funds which are held in an account in only one party’s name, but which account includes marital and non-marital funds, often referred to as the “co-mingling” of funds.

 

For example, in one case, the court found that funds used to increase the value in the husband’s pre-marital home were marital due to co-mingling of marital and non-marital funds in a certain account. In other words, marital funds were used to make improvements and enhance the value of the husband’s pre-marital home. The court held that the increase in value attributable to the improvements must be considered marital property and subject to equitable distribution.  Thomas v. Thomas, 776 So.2d 1092, 1095 (Fla. 5th DCA 2001)

 

In another case where comingling of marital and non-marital funds occurred in a certain account, thereby rendering the account marital, the court found that the enhanced value to the home as the result of improvements made using funds from that account was considered a marital asset and subject to equitable distribution.

 

Moreover, the court also found that the increase in equity in the home due to mortgage payments paid out of the same account was also considered a marital asset and subject to equitable distribution.

 

However, the court also held that any purely passive appreciation to the home, such as that due to increase in land value, is not considered marital, and therefore, not subject to equitable distribution. It is the owner spouse’s burden to show whether any part of the enhanced value should be exempt from equitable distribution, but instead due solely and purely to passive appreciation. Adkins v. Adkins, 650 So.2d 61 (Fla. 3d DCA 1994)

 

It is worth noting that it is not just the expenditure of marital funds in relation to the non-marital property, but how those expenditures enhance the value of the property. Routine maintenance may or may not enhance the value of such non-marital property. “It is only where appreciation occurs as a result of the marital effort or funds that the enhancement of non-marital property may be considered a marital asset.” Barner v. Barner, 716 So.2d 795, 797-98 (Fla. 4th DCA 1998).

 

For more information regarding the equitable distribution of marital assets and liabilities in Florida, please see https://www.flsenate.gov/laws/statutes/2011/61.075.

 

If you have questions regarding the equitable distribution of marital property in your case, or what constitutes marital versus non-marital property, assets and/or liabilities, contact experienced Winter Park marital property attorney Jennifer Dane today at 407-260-0500.

 

 

Back to School Single Parent

Learning how to co-parent and share the parental responsibility for children after a divorce or separation can be a stressful endeavor for many couples. Things you may have once handled seamlessly when you were married can suddenly become a strain as a single parent. In order to avoid back to school issues communication and organization are key. Here is an good article on getting ready for back to school time! back-to-school-tips-6-ideas-to-stay-connected-organized-and-communicating.

If you are facing a new school year with a new family dynamic and need the guidance of a good legal advice and solid decision making, call the experience Family Law Attorneys at the Law Office of Jennifer Dane today. We have experience helping people navigate the family law courts and we would welcome the opportunity to help your family. Call today for a confidential consultation 407-260-0500.

 

Relocation with Minor Children

We live in a very mobile country and particularly transient state, so when divorced parties want to relocate it is sometimes a shock to the system to realize they need permission for the courts. There is a very specific Florida statute 61.13001 which govern relocation. The Statute specifically governs the relocation of the parent, not the child, which is even more confusing to most parents. As a rule, if you want to relocate more than 50 miles then you will be required to either file a Petition for Relocation or reach an agreement with the other party regarding the relocation.

For more help and information about how to successfully relocate with your minor children, call the skilled relocation attorneys at the Law Office of Jennifer Dane, in Winter Park today, 407-260-0500.

Mandatory Parenting Course

When you are getting a divorce and you have a 16-year-old or a 6-year-old child you and your partner will be required to take a 4-hour Parent Education and Family Stabilization Course. This course is intended to educate parents on the concepts of co-parenting for the benefit of the minor child through the separation and after the divorce.

Depending on the county where venue is proper for your case (typically the last place you resided together as a family) that county may have specific requirements for the Parenting Course. For example, Seminole and Brevard Counties require the course be taken in person, while Orange and Osceola Counties only require a certificate from an online course. Once you have completed the course the certificate will be filed with the clerk of court. It is important to remember that the completion of the course is required before you can finalize your divorce.

Divorcing can be a time-consuming process which we generally see effect the parties themselves, however, it is important to remember the toll the divorce may have on the children and how to best prepare them for what they may feel as the uncertainty that lies ahead. The course is not meant to punish divorcing couples instead to educate them on a process they have likely never been through for the benefit of their children.

If you have additional question about divorce in Orange, Osceola, Seminole or Volusia counties, contact the attorneys at the Winter Park Family Law Office of Jennifer Dane. Call today for your confidential consultation 407-260-0500.

 

Gray Divorce

Gray Divorce and what it means for your retirement. Read more here

 

Danny DeVito and Rhea Perlman jumped on the "gray divorce" bandwagon in 2017.

Blog Post

Blog Post

Equitable Distribution in Florida

house

Appreciation in Value of Non-Marital Property May Be Considered Marital Property for Purposes of Equitable Distribution in Florida Divorce Proceedings

Florida is an “equitable distribution” state when it comes to the division of marital property during dissolution of marriage, or divorce, proceedings. In this context, “equitable” does not necessarily mean “equal,” but rather “fair.”

 

Most people know that marital property typically includes assets acquired during the marriage, individually by either spouse, or jointly by both parties. However, enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage, or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both, is also considered a marital asset, and therefore subject to equitable distribution in divorce proceedings.

 

When it comes to real property, any increase in value to non-marital property as a result of improvements made using marital funds is considered by the courts to be marital property, and therefore, subject to equitable distribution. This includes including funds which are held in an account in only one party’s name, but which account includes marital and non-marital funds, often referred to as the “co-mingling” of funds.

 

For example, in one case, the court found that funds used to increase the value in the husband’s pre-marital home were marital due to co-mingling of marital and non-marital funds in a certain account. In other words, marital funds were used to make improvements and enhance the value of the husband’s pre-marital home. The court held that the increase in value attributable to the improvements must be considered marital property and subject to equitable distribution.  Thomas v. Thomas, 776 So.2d 1092, 1095 (Fla. 5th DCA 2001)

 

In another case where comingling of marital and non-marital funds occurred in a certain account, thereby rendering the account marital, the court found that the enhanced value to the home as the result of improvements made using funds from that account was considered a marital asset and subject to equitable distribution.

 

Moreover, the court also found that the increase in equity in the home due to mortgage payments paid out of the same account was also considered a marital asset and subject to equitable distribution.

 

However, the court also held that any purely passive appreciation to the home, such as that due to increase in land value, is not considered marital, and therefore, not subject to equitable distribution. It is the owner spouse’s burden to show whether any part of the enhanced value should be exempt from equitable distribution, but instead due solely and purely to passive appreciation. Adkins v. Adkins, 650 So.2d 61 (Fla. 3d DCA 1994)

 

It is worth noting that it is not just the expenditure of marital funds in relation to the non-marital property, but how those expenditures enhance the value of the property. Routine maintenance may or may not enhance the value of such non-marital property. “It is only where appreciation occurs as a result of the marital effort or funds that the enhancement of non-marital property may be considered a marital asset.” Barner v. Barner, 716 So.2d 795, 797-98 (Fla. 4th DCA 1998).

 

For more information regarding the equitable distribution of marital assets and liabilities in Florida, please see https://www.flsenate.gov/laws/statutes/2011/61.075.

 

If you have questions regarding the equitable distribution of marital property in your case, or what constitutes marital versus non-marital property, assets and/or liabilities, contact experienced Winter Park marital property attorney Jennifer Dane today at 407-260-0500.

 

 

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Jennifer was recommended to me from a friend for my child’s parenting plan and child support case. Jennifer and her staff were wonderful to work with. They always had my best interest at heart but also upfront on the reality of how parenting plans work. She walked me through each step and fought for me where she needed to and talked to me about agreeing when needed. I would recommend Jennifer to family and friends! Going through a split is a very emotional time and she kept the level head for me when I could not.
Lyndsay P

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