The McKinney Law Group Blog

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Unequal Earning Capacity cannot act as the sole basis for an award of unequal distribution

Unequal Earning Capacity cannot act as the sole basis for an award of unequal distribution

If one spouse does not earn the same as the other, more evidence must be needed in order to award funds.  Florida law allows for unequal distribution of marital assets when a trial court finds it is...

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Should I file my divorce first?

Should I file my divorce first?

It may be a better option for you to file first. “Should I file first?” is by far the question that new clients ask me the most.  This question comes up in almost every consult.  I’m not sure...

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Can I get a divorce in Florida?

Can I get a divorce in Florida?

Divorce depends on your residency. Divorce laws differ from state to state. The laws of each individual state determine the necessary requirements to get a divorce in that specific state. Some people...

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I was just served, what do I do next?

I was just served, what do I do next?

Being handed divorce papers can leave individuals in an uncomfortable position.  A divorce case officially begins when one party files the proper paper work in court system in the county where they ...

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Paying your child’s college expenses and how it relates to divorce.

Paying your child’s college expenses and how it relates to divorce.

Along with alimony and division of property, your child's pursuit for higher education should be thoroughly discussed.  Many of my clients are worried about who will pay for college expenses when th...

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Can I modify my permanent alimony when I retire?

Can I modify my permanent alimony when I retire?

Changes to permanent alimonies may not be easily modifiable. In general, when a person retires they will make less income than when they were employed.  So, what happens to your permanent alimony ob...

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Will the judge speak to my children in a custody case?

Will the judge speak to my children in a custody case?

A child's testimony may not be necessary.  Clients often wonder if the judge will speak to their children in a child custody case?  In general, most judges that I have encountered are very reluctan...

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We cannot decide where to send our child to school, what do we do?

We cannot decide where to send our child to school, what do we do?

Decisions on where your child attends school require a mutual agreement.  I often have cases where the divorced parents cannot decide on where their children will attend school.  This often occurs ...

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Are marital assets considered in alimony awards?

Are marital assets considered in alimony awards?

If you are being awarded alimony, marITal assets may not be included.  A recent court case in the Fifth District Court of Appeals dealt with whether a court should take into consideration a parties ...

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