April 8, 2021
Divorce can be a stressful time not only because of the emotional distress you face but also due to the financial issues you need to deal with. For example, suppose your partner runs a family business, or you have a high-earner spouse with multiple employment benefits that you don’t understand. In that case, you need help handling a high-asset divorce.
Unlike divorces between partners with a standard amount of assets, yours is considerably more complicated. To help you learn more about a high-asset divorce, consider this article as your guide.
What Is the Proper Asset Classification for My High-Asset Divorce?
The first step you and your partner need to take is to classify assets and debts as either separate or marital property. Marital ones are subject to equitable distribution, while separate assets will be kept by the spouse who owns them. This process may seem simple because it is straightforward, but it can be complex in a high-asset divorce.
For instance, under Florida divorce law, the property may be subject to equitable distribution if it has been commingled with your spouse or other marital property. It can happen if you live in a house bought before you get married, and one spouse uses marital funds to make home improvements or pay the mortgage.
If you are having trouble classifying assets and debts, make sure to hire local attorneys specializing in high-asset divorces. This way, you are assured of having a professional by your side who can keep your best interests in mind.
Can My House Be Divided for a High-Asset Divorce?
If you own a house and want to sell it as part of a divorce, you will have to include a partition claim in the divorce paperwork. The property may be sold or divided among the parties once the partition is granted. If the home is divided, you likely need an appraisal to ensure a correct value to it.
On the other hand, if the property is not sold as part of the divorce, you or your partner will have to pay a monthly mortgage. Both of you may still be liable to the bank if the spouse must make payments fails to pay.
If you and your spouse signed the promissory note, the divorce settlement would not abolish the bank’s obligation. The spouse will need to seek indemnification from the party who has to pay under the divorce settlement agreement. You can avoid this issue by requiring a refinance to be completed. This way, the non-paying party will be released from liability by the bank.
Can I Keep the Pets after My High-Asset Divorce?
In some states, like Florida, the law views pets as property. Therefore, the court will not allow for any time-sharing orders of pets. You or your partner will have sole ownership of them. If you want to share custody of your pets, it will be at your discretion, and you have to work it out yourselves.
Conclusion
You and your ex-partner can expect the process of a high-asset divorce to be extraordinarily long and complex because it often takes a substantial amount of time to come to a fair compromise. It is primarily because both ends have plenty to lose if you agree right away to the other party’s terms. To ensure the divorce moves quickly, remember the information in this guide and hire an experienced attorney.
If you are looking for a divorce lawyer in Jacksonville, reach out to The Dorsey Law Firm JAX. We have been practicing family law for over 35 years, which means we have the knowledge and experience to represent you and help you achieve the best possible outcome for your case. Schedule a consultation today!
April 5, 2021
The Second Amendment of the United States Constitution states that “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Today, a person has the right to bear arms and, in some circumstances, carry a concealed weapon. However, some restrictions are attached to this law, and failure to follow the law can result in criminal penalties and charges.
This article has all the information you need to know about legally and safely carrying a concealed weapon in Florida.
Legal Definitions:
Florida Statute, S 790.001 (3) defines a concealed weapon as “any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.”
Florida Statue S 790.001 (2)f defines firearms as “any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.” Subsection 6 defines firearms as “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”
Can I Carry A Concealed Weapon or Firearm?
In Florida, you can carry a concealed weapon if you have a Concealed Weapon or Firearm License. The Department of Agriculture and Consumer Services is authorized to issue a concealed weapon or firearm license to persons who meet the following qualifications:
- A United States resident or a permanent resident alien
- 21 years of age or older
- Does not have physical infirmity that prevents the safe handling of a weapon
- Has not been convicted of a felony
- Has not been committed for the abuse of a controlled substance in the last three years
- Has not been deemed a habitual offender regarding use of alcoholic beverages
- Demonstrates competence with a firearm through safety courses offered to the public or has been previously licensed to carry a firearm in Florida
Concealed Weapon or Firearm Licenses are valid for seven years. The licensee must carry the license along with valid identification at all times. Violations may constitute a noncriminal violation with a penalty of $25.
Penalties For Unlawful Concealed Carry
First degree misdemeanor – If you are convicted of carrying a weapon that is not a firearm, the penalty may include upon up to a full year in jail and a fine up to a $1,000.
Third-degree felony – If you are convicted of carrying a concealed firearm, the penalty may include up to five years in prison and a fine up to $5,000.
If you have been accused of carrying a concealed weapon, it’s essential to contact an experienced criminal defense lawyer in Florida immediately. Your attorney will be able to defend your rights through the following:
- Active license – If you have an existing license.
- Reciprocity – Florida has reciprocity with over 30 states for concealed carry.
- Concealment challenge – The state may not have met the necessary factors for concealment.
- Weapons not included in the statute.
Conclusion
It is legal to carry a concealed weapon or firearm in Florida as long as you have a valid license. You must meet all the requirements and finish firearm safety training courses if you want to get a license. For safety, be sure to carry your license and valid identification at all times. If you’ve been accused of carrying a concealed weapon or firearm, your first action should be to contact a local criminal defense attorney.
The Dorsey Law Firm has over 45 years of Jacksonville law experience, and we have an impeccable reputation as criminal defense lawyers. We have represented clients in numerous trials in state and federal courts in Florida before nearly every judge in all the northern Florida counties. If you are in need of representation, contact us. We’re here to help.
March 26, 2021
Marriages are often one of the happiest moments in a couple’s life, as they seal their love and commitment to each other. But did you know that around 50% of marriages in the United States end in divorce or separation? And while most people have a good understanding of how divorces work, the same can’t be said for annulments.
To clear things up, we’re going to break down everything you need to know about how annulments work in Florida!
What is an Annulment?
An annulment is an oft-misunderstood legal concept due to the fact that there are religious and civil annulments. Like divorces, annulments affect a person’s marital status. However, one key difference here is that annulments declare that the marriage never existed in the first place. This is different from divorce, as divorce only ends an already existing marriage.
Grounds of an Annulment in Florida
Now, the grounds for annulment in Florida can be tricky, considering that Florida statutory law doesn’t really address annulments. However, the state’s appellate courts have issued binding decisions over the years that can be used as a precedent for future cases.
With that being said, grounds for annulment in Florida aren’t that different from the rest of the country. These are divided into two types: void and voidable. Marriages that are considered void are marriages that should have never been considered valid in the first place. On the other hand, voidable marriages are marriages that became invalid over time.
A Marriage May Be Void If:
- A spouse is legally married to more than one person.
- It involves people who are closely related by blood.
- It involves two underage individuals.
- One spouse is permanently mentally incapacitated to the point that they are unable to consent to the marriage.
A Marriage May Be Voidable If:
- One spouse wasn’t able to fully consent to the marriage due to a temporary mental problem. This also may apply if one spouse was so much under the influence of drugs or alcohol during the ceremony that he or she was mentally incompetent.
- One spouse willfully misled their spouse via fraudulent acts or misrepresentation to trick the other spouse into entering a marriage.
- One or both spouses only entered into marriage because they were forced or coerced to do so.
- One spouse is underage and lacks the consent of a parent or guardian.
- One or both spouses entered into the marriage as a joke or prank.
How to Get an Annulment in Florida
You may be able to file for an annulment in Florida, but you will have to convince the Court the marriage void or voidable. From there, you will have to follow Florida’s family law rules of procedure.
Effects of an Annulment
Annulments essentially function the same way as divorces, but one key difference would be for marriages that have been considered void. If a marriage is considered void, the children conceived under the void marriage are not considered legitimate under Florida law. It’s also important to note that the circuit court will still need to decide regarding child custody and support regardless of whether a marriage is void or voidable.
Permanent alimony is also not ordinarily granted in annulment cases. However, this may change if one spouse is considered to be a victim of the other spouse’s wrongdoing. This may apply when one spouse deceives the other into entering a void or voidable marriage.
Conclusion
We hope this article has shed some light on any misconceptions that you may have had about annulments. If there are still things that are unclear, it would be best to consult with legal professionals. With expert help, you will be able to know more about the process and go through it smoothly!
If you’re looking to explore other means of separation, The Dorsey Law Firm has the best divorce lawyers in Jacksonville. We have over 35 years of experience in providing clients from all over Florida with legal services. Get in touch with us today to set up your in-person appointment!
