Transferring Property Outside of Probate in Florida

While probate is far from the worst-case scenario heirs and beneficiaries of a decedent may encounter, the vast majority of estate planning is conducted to minimize the time an estate spends in probate, make the process more efficient, or avoid it altogether. Probate is the legal process by which a decedent’s estate (most assets and property) gets distributed to heirs. Final debts, taxes, and other loose ends are also tied up.  For many estate ...
Read More

Ray Garcia, Esq. Recognized as Florida Legal Elite 

        Ray Garcia, Esq. Recognized as Florida Legal Elite  ST. PETERSBURG, FL – Ray Garcia, Esq., Law Office Of Ray Garcia, P.A. and Florida Construction Law Group, Miami, Florida, was recently recognized in the 2021 edition of Florida Trend’s Florida Legal Elite™. The list of 1,263 honorees represents just over 1% of the active Florida Bar members, including attorneys in private practice as well as top ...
Read More

Will I Have to Pay Alimony Forever in Florida?

Generally, no. Judges are often hesitant to order paying spouses to pay alimony (sometimes called “spousal maintenance”) to their ex-spouse permanently. The main purpose of alimony is to give former spouses some level of security until they become self-sufficient. However, as we’ll cover below, there are exceptions to this rule. After you gain a better understanding of the four types of Florida alimony, you should get a better idea of the chances ...
Read More

Does Adultery Matter in a Florida Divorce?

Yes, and no. Infidelity does not matter in a Florida divorce in the sense that the Sunshine State does not allow for fault-based divorce. In other words, the most common way to get a divorce in Florida is to simply cite irreconcilable differences with your spouse. A few other states offer at-fault divorce, and infidelity is an acceptable at-fault grounds in most of those states. Just because Florida is a pure no-fault state does not mean that ...
Read More

Bankruptcy Filers: What is the Automatic Stay?

Filing for bankruptcy is quite useful for many honest, hard-working people who need some help catching up with their finances. Although many (rightly) regard bankruptcy as a last resort to get out of financial trouble, it is not the doomsday scenario you’ve heard about. One of the most attractive features of a bankruptcy filing is the automatic stay.  The automatic stay is an injunction that immediately goes into effect as soon as an ...
Read More

Should You Put Your Home in a Living Trust?

Living trusts — especially revocable living trusts — are often used by estate planners to hold ownership of significant assets like houses. There are many benefits of living trusts in the context of estate planning; for starters, they allow the assets contained within the trust to bypass the probate process after the original owner passes away. Trusts also allow the contents to be kept private and for the successor trustee to gain control over ...
Read More

What is a Simplified Dissolution of Marriage in Florida?

Certain couples who are seeking a divorce in Florida might be able to take advantage of a simplified procedure that can grant spouses a divorce in mere weeks. The process is referred to as a “simplified dissolution of marriage.” Officially, divorces in Florida are referred to in the legal world as “dissolutions of marriage.”  So, what are the advantages of using this simplified route to divorce your spouse?  You and your spouse forfeit ...
Read More

Why Establishing Paternity is Worth the Trouble

Having children outside of marriage has become more commonplace and accepted in society over the past few decades. Through this societal shift has come awareness of the importance of fathers’ establishing paternity of their children. For unmarried couples who get along well when it comes to their children, though, what are the benefits of establishing paternity? This blog will explain why it is a good idea to do so, even if things are going well ...
Read More

Legal vs. Physical Custody in Florida

The question of child custody is one of the most sensitive issues that must be addressed during divorce proceedings. Did you know, however, that there are two primary types of custody in the state of Florida? The two classifications are legal and physical custody, and they refer to different aspects of a parent’s purview when it comes to caring for their children. This blog will lay out many important details concerning legal and physical ...
Read More

Emergency Temporary Custody in Florida

Parents who are no longer in a relationship, either in marriage or simply romantic partners, can sometimes clash over custody of their children. In a divorce, this is often the most sensitive and delicate item to be decided. Sometimes, these disagreements turn into true animosity. For that reason, parents sometimes do not let the other parent see their children or hand them over when it is their turn to have physical custody.  When one parent ...
Read More