MARITAL PROPERTY – WHAT IT IS, WHO WANTS IT, WHO GETS IT.

Everyone knows that when a couple gets divorced, the first thing that happens is they divide up the property. But what is that? What qualifies as “marital property” and what doesn’t? How is it divided fairly? And what happens if one party wants something, and the other one doesn’t want to give it up? Equitable

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USE OF CORPORATE REPRESENTATIVE DEPOSITION (DUCES TECUM) AND MEDIATION IN FORECLOSURE CASES

It is extremely important that you notice your foreclosure plaintiff for a corporate representative’s deposition after having embarked upon and completed written discovery. You will want the corporate representative with the most knowledge as to several thing including the following: Knowledge of the facts asserted in the Pleadings. Knowledge of the facts asserted in any

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FORECLOSURE DEFENSE AND MEDIATION

Pasco and Pinellas County Foreclosures These are foreclosure cases in the sixth judicial circuit, including New Port Richey, Dade City, Clearwater, and Saint Petersburg Courts. I review often with homeowners, many of whom have been in foreclosure after years of having been represented by the Stopa Law Firm that had to file Bankruptcy and cease

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BEST INTEREST OF THE CHILDREN FACTORS

When a New Port Richey or Pasco County Court evaluates timesharing or parenting time between parents and parental responsibility (decision making authority when it comes to health, school, etc.), the Court will consider at least 20 potential factors in making such a decision as outlined in Florida Statute Section 60.13(3) as follows:   (3) For purposes

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THE BEST INTERESTS OF THE CHILDREN—WHAT TO DO IN A TIMESHARE CASE

Divorce is not pleasant for anyone. There is marital property to divide, houses to sell or split, and visitation with children to arrange. If the husband and wife are angry with one another, as people going through a divorce often are, the urge to take out their feelings on each other through the court process

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BUSINESS RECORDS AND HEARSAY

The recent case of Rivera v. The Bank of New York Mellon, 2D17-4417, the Second District Court of Appeal applies its analysis of hearsay and the business records exception in reversing the lower court’s summary judgment in favor of the bank.   The Bank’s affidavit in support of its summary judgment included a printout of

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MANDATORY DISCLOSURE AND JOHNSON v. DAVIS: LEGAL REQUIREMENTS FOR SELLING A HOUSE

If you are a buyer or a seller of a home in Florida, there are two legal areas you need to watch out for. One is the so-called “as-is” contract, which is seen whenever the home purchased is not brand-new from a developer or built to spec by the buyer. The other is the “mandatory

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ANGER IN DIVORCE IS TOXIC

When contemplating divorce, long before the words even come to mind, hurt and anger are likely familiar feelings associated with you and your spouse. It is no surprise that bringing up divorce is likely to cause hurt and anger in both partners. However, there are healthy ways of dealing with these feelings, of expressing them,

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DOES YOUR FAMILY LAW LAWYER SPEND MORE TIME BILLING YOU THAN WORKING ON YOUR CASE?

            At Stewart & Riley, we often get this response: “my lawyer spent more time billing me for things that got nothing done in my case.” For example, emails between opposing counsel or staff that had little to not merit. Researching an idea that was never used. Handwriting the documents that have been filed in

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MANDATORY DISCLOSURE IN FLORIDA DISSOLUTION OF MARRIAGE PROCEEDINGS

Most people think of proceeding with a divorce in Florida as a process involving the completion of a lot of paperwork.  While true, a Florida dissolution of marriage requires more than just the completion of paperwork.  The process involves the production of documents as well.  In other words, there are certain documents each party is

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