Marital Assets and Liabilities Part 9 of 15 | Divorce Attorney Fort Myers/Naples Agreements. (Pre & Post Marital) Contracts are made in legal contemplation of existing, applicable statutes and so it is that marriage contracts and any ante or post-nuptial contracts are entered into subject to then-existing law, including the law of this state. Belcher v….

Understanding the Criminal Law Process Part 10 of 17 | Criminal Law Attorney Fort Myers/Naples Early Resolution Some counties have an Early Resolution Program. An attorney working for the state reviews the case and where appropriate – brokers a deal with all the involved parties. The case ends early, with minimal time and cost. This is not…

Understanding the Criminal Law Process Part 9 of 17 | Criminal Law Attorney Fort Myers/Naples Discovery  At the same time the entry of your plea is filed, your attorney may file a Notice of Discovery, and a Demand for Jury Trial. These are routine documents that are filed in the vast majority of cases. A Notice of Discovery…

Marital Assets and Liabilities Part 8 of 15 | Divorce Attorney Fort Myers/Naples When Equitable Distribution & Alimony are awarded The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party After the determination of an equitable distribution of the marital assets and liabilities, the court shall…

Marital Assets and Liabilities Part 7 of 15 | Divorce Attorney Fort Myers/Naples Nonmarital assets and liabilities include: Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities; Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent,…

Understanding the Criminal Law Process Part 8 of 17 | Criminal Law Attorney Fort Myers/Naples Formal Charges  If the prosecutor feels there is sufficient evidence to win, they will file formal charges, also called an “Information.” The Information will list the exact charge they will be prosecuting. The charges that are listed may be more or less…

Marital Assets and Liabilities Part 6 of 15 | Divorce Attorney Fort Myers/Naples Vested and Nonvested Benefits, Rights, & Funds Proper Calculation of Marital Portion of a Retirement Account. Based on the former spouse’s present time in the retirement plan and the present value of the retirement benefit—not the value of the pension at some point…

Understanding the Criminal Law Process Part 7 of 17 | Criminal Law Attorney Fort Myers/Naples Arraignment  The Arraignment hearing is where a plea is given: not-guilty, guilty, or no contest. More often than not your attorney submits your not-guilty plea in writing. Even if you do not plan to fight the charge, a not-guilty plea gives your…

Marital Assets and Liabilities Part 5 of 15 | Divorce Attorney Fort Myers/Naples Enhancement in Value and Appreciation Enhanced by marital funds or labor. Pursuant to Fla. Stat. §61.075(6)(a)1b, a non-marital asset may be altered into a marital asset to the extent that its value has been enhanced by marital funds or labor. Active Appreciation. However,…

Understanding the Criminal Law Process Part 6 of 17 | Criminal Law Attorney Fort Myers/Naples First Appearance – Advisory  If you do not get bailed out during your first day of being in jail, a judge will review your bond within 24 hours of your arrest. The hearing is called an Advisory or a First Appearance. During the Advisory…

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