GRANDPARENTS' RIGHTS

You may not have known that there are certain situations in which Grandparents CAN have court ordered rights to see their grandchildren, even over a parent's objection.  For instance, if a parent is employed by the U.S. Military and receives military orders, such as deployment, which will make it impossible for that parent to exercise his or her timesharing for at least 90 days, then that parent is permitted to designate a grandparent or other fit person to exercise that timesharing in the military parent's place.  There are other circumstances as well, for instance, if one parent is deceased, missing, or in a persistent vegetative state, and the other parent is convicted or a felony or otherwise a danger to the child, then grandparents may have a right to custody or timesharing with the child.  Contact the Law Office of Summer R. Nichols today for your FREE consultation, to help determine whether YOU may have rights to your grandchildren.

What Assets & Debts are Considered "Non-Marital" in a Divorce?

"Non-marital" assets are those which are not taken into consideration during a divorce.  They are assets which belong solely to the spouse who owns them.  Period.

“Nonmarital" assets and debts include:

1. 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;

2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;

3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;

This means that even if you earned money or have become indebted from a non-marital asset during your marriage, that money or indebtedness will still be considered non-marital. 

There are some exceptions to the above rule.  The Law Office of Summer R. Nichols is knowledgeable about those exceptions and whether they apply to YOUR specific set of circumstances.  Please contact us today for your FREE consultation.

Nonvested Benefits Are Still a Marital Asset Subject to Equitable Distribution

Under Florida law, you ARE entitled to even nonvested benefits, rights, and funds accrued during the marriage, from assets such as retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.  There is no argument against this just because such an asset has not vested at the time of divorce.