In a proceeding for divorce, called dissolution of marriage in Florida, a substantial issue is the division of property owned by the spouses. First a divorce court will identify and separate each spouse's marital and nonmarital assets and liabilities. Identification of assets and liabilities as marital or nonmarital is therefore very important because, only marital assets and liabilities are subject to distribution in a dissolution action.
Domestic violence has made a lot of headlines recently and by now most of us have seen the ads the NFL felt compelled to bombard us with. My office defends those accused of the criminal charge of domestic violence but we also represent victims seeking injunctions and proceeding with divorce or dissolution of marriage.
On July 17, 2014 Circuit Judge Luis M. Garcia overturned the ban on Gay Marriage in Florida. The case was in the 16th Circuit which only encompasses Monroe County Florida. Therefore, this decision is not binding on any other trial court. In addition it is not binding on any other County Clerk.
A new law in divorce or dissolution of marriage cases will impact the payments of transfer on death assets on many divorces moving forward. This new law which went effect on July 1, 2012 addresses what happens when an account or asset has a provision to pay a beneficiary upon the death of an individual. Usually we are talking about a bank account or retirement plan of some kind payable on death to the survivor.