Boynton Beach Divorce Lawyer Q&A

Divorce is a complex process and many questions arise during a divorce.  The following are answers to some commonly asked questions about Florida divorces:

What happens to marital property when a couple divorces, remarries, and then divorces again?  In a subsequent divorce, property may become marital property and therefore may be subject to division by the court.  The judge may consider many factors, including the length of the marriage.  Typically, the longer the marriage, the more likely the court will deem that property is marital rather than separate property.

Is my ex-spouse entitled to any of my accident settlement if we divorce?  Typically, payment for pain and suffering in a personal injury case is the separate property of the injured person.  However, settlement amounts paid for lost earnings and expenses may be considered a marital asset by the court.

As the custodial parent, may I deny visitation?  Visitation is for the well-being of your children, who have a right to be loved by and spend time with both parents.  Even if your children say they do not want to visit their non-custodial part anymore, that is not a valid reason to deny visitation.  Nor may you deny visitation because you harbor bad feelings about your ex-spouse.  However, if you believe that spending time with your ex-spouse is harmful or dangerous to your children, you have the right to go to court and request a change in the visitation terms of your divorce, a divorce lawyer in Boynton Beach can help guide you through this process.

How do I handle an IRS inquiry about tax returns filed by my ex-spouse during our marriage?  Federal tax law provides for innocent spouse relief—meaning if you filed a joint tax return but then divorced, legally separated, or lived apart from your spouse for one year, you might be able to limit or even avoid liability.  You must be able to prove that your ex-spouse caused the tax problems and that you had no actual knowledge of your ex-spouse's tax violations.

Can I get rid of my financial obligations from my divorce in bankruptcy?  Alimony and child support cannot be discharged in bankruptcy.

Every divorce is unique

While all divorces deal with the same issues, each couple’s situation is unique.  An experienced Boynton Beach divorce lawyer can answer your questions and provide advice on how to proceed.

Richard B. Barkin is located in Boca Raton, FL and serves clients in and around Boca Raton, Delray Beach, Deerfield Beach, Pompano Beach, Palm Beach, Pahokee, West Palm Beach, Loxahatchee, Fort Lauderdale, Hollywood, Dania, Broward County, Palm Beach County.

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