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Friday, February 10, 2012

Modification of Timesharing

            For couples with children in Orlando, Florida, a Final Judgment of Dissolution of Marriage (or Divorce) will include a parenting plan and timesharing schedule.  This will detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the children; the timesharing arrangement with each parent; a designation of who will be responsible for healthcare, school-related matters, etc.; and the methods and technologies that the parents will use to communicate with the children.
            Modification of a parenting plan and timesharing schedule (or visitation) requires a showing of substantial, material and unanticipated change of circumstances.  The party seeking modification has the burden of proof of this change.  The change must have occurred since entry of the final judgment and be in the children’s best interests.  As for the determination of the children’s best interests, it is the public policy of the state of Florida that each of the minor children has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys of childrearing. 

            The Law Office of Wade P. Luther, P.A. has extensive experience with developing parenting plans and timesharing schedules as well as modification issues.  We are conveniently located in Baldwin Park.  If your are looking for help from an experienced family law attorney determining if your circumstances are substantial enough to warrant a modification of your current timesharing schedule, please call our office at (407) 835-9900 or visit our website at:

Tuesday, February 7, 2012

What is Marital Property?

            It is important to understand what property is considered marital when filing for divorce in Orlando, Florida.  The state of Florida defines marital assets and liabilities as:

            1.         Assets acquired and liabilities incurred during the marriage, individually and by either spouse or jointly by them;
            2.         The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure of marital funds or other forms of marital assets, or both;
            3.         Gifts given from one spouse to the other during the marriage; and
            4.         All vested and nonvested benefits, rights, and funds accrued, deferred compensation, and insurance plans and programs.

            The court must make a determination of marital and non-marital assets.  Once determined, the court must set aside the nonmarital assets.  The marital assets are then subject to equitable distribution.  It is important to seek help from an experienced family law attorney to protect your property during a divorce.  For more information, please call our office at (407) 835-9900 or visit our website at

Friday, February 3, 2012

"Bridge-the-Gap" (Transitional) Alimony in Orlando, Florida

             Alimony is one of the most complicated issues to resolve in a divorce.  There is no specific formula used to calculate alimony in Florida.  It is based on one spouse’s need for financial support, the other spouse’s ability to pay and the standard of living of the parties during their marriage. 

            Transitional, or Bridge-the-Gap, Alimony is one of several different types of alimony.  It is most often awarded after a short term marriage.  In Florida, a marriage of less than seven years is considered short term.  The purpose of transitional alimony is to help one spouse make the transition from married to single life.  This type of alimony can be ordered for a maximum of two years.

            Either spouse may receive alimony.  However, it is not awarded in every case.  There are a number of complicated issues a judge must take into consideration when awarding alimony.  The amount of alimony you pay or receive will have a profound impact on your financial future.  Mr. Luther is an experienced Orlando divorce attorney with extensive knowledge in issues regarding alimony.  He can determine the correct amount of alimony for your particular situation.  If you would like more information or to set up a consultation with Mr. Luther, please call our office at (407) 835-9900 or visit our website at:

Wednesday, February 1, 2012

What is a Deposition?

            If you are involved in an Orlando, Florida Divorce (or Dissolution of Marriage,) you may be asked to give a deposition.  A deposition is part of the discovery process.  This is the process through which both parties gather facts about the case.  During the deposition, your spouse’s attorney will ask you questions related to the case.  You will be put under oath and your answers will be recorded by a court reporter. 

            At some depositions, the party being deposed may be asked to bring specific documents or records.  This is called a Deposition Duces Tecum.  You are required to produce documents that are in your possession or that are easily obtainable by you. For example, if you are able to obtain financial records from the internet, you must do so.

            The party being deposed has the right and would be well advised to bring an attorney to represent them.  The attorney asking the questions is preparing their case for trial.  At trial, the deponent will be held to any answers they have given during the deposition.  If you are looking for an experienced Orlando divorce lawyer to protect your best interests in a deposition or any other phase of your divorce, please call our office at (407) 835-9900 or visit our website at