Author Archives: Jay Butchko
Some Common Prenuptial Agreement Mistakes To Avoid
A prenuptial agreement is a contract that couples get into before they get married, which states what will happen if their marriage ends. Over the years, prenuptial agreements have gained popularity, especially among millennials. According to a 2018 CNBC article, among the main reasons millennials sign more prenuptial agreements could be because they are… Read More »
How To Protect Your Florida Criminal Case After An Arrest
After getting arrested, the situation can get stressful, overwhelming, and confusing. Because of the stress and confusion, many arrestees do things that end up hurting their cases. Unfortunately, many arrestees make mistakes without even realizing they are making mistakes. If you have been arrested, you need to remember that your actions can significantly impact… Read More »
Dividing Professional Practices In A Florida Divorce
The division of assets is among the most contentious issues in a Florida divorce. For couples who’ve had a successful life and have managed to accumulate many assets, the division of assets can be even more complicated. Also, when complex assets are involved, the division of assets usually gets more complicated. A professional practice,… Read More »
Differentiating Between Actual And Constructive Possession
There are many forms of drug charges. Being in possession of an illegal substance is just one type. In Florida, in order to be convicted of possession of an illegal substance, the State must prove beyond a reasonable doubt that the defendant was in “actual or constructive” possession of the illegal substance. These two… Read More »
Debunking 5 Common Myths About Adult Guardianship
Adult guardianship is the process by which another person is given the right to make decisions for an individual who has been determined to be incapacitated and unable to make their own decisions. Once a guardian has been appointed, guardianship generally lasts until the individual under guardianship/ward either dies or has their right to… Read More »
Preparing For Your Initial Meeting With A Divorce Attorney
In Florida, the law does not require you to hire a divorce attorney. You have the right to handle your Florida divorce case alone. However, it is advisable that you avoid tackling your divorce case alone and instead retain a divorce attorney. A divorce attorney can help you in many ways. For example, a… Read More »
Probate Litigation Matters A Probate Litigation Attorney Can Help You With
After someone dies, their assets must be distributed to the correct heirs and/or beneficiaries through a legal process called “probate”. In Florida, the probate process involves, among other things, gathering and inventorying the decedent’s assets and liabilities, paying the decedent’s debts, and distributing the decedent’s assets to the rightful heirs and/or beneficiaries. If there… Read More »
What Is The Fruit Of The Poisonous Tree Doctrine?
To prove a defendant’s guilt in a criminal case, the prosecution must present evidence to prove every aspect of the charge present. Without evidence, the prosecution cannot prove a defendant’s guilt. Also, if the prosecution tries to present evidence that was obtained illegally, or evidence that was obtained or derived from evidence that was… Read More »
When Can You Contest A Prenuptial Agreement In Florida?
A “prenuptial agreement”, commonly known as a “prenup”, is an agreement that contains instructions on how assets and debts will be divided between spouses during a divorce. A Florida prenuptial agreement can also cover the issue of alimony. Most prenuptial agreements are valid. However, some prenuptial agreements are entered into improperly, which can negatively… Read More »
How Long Do We Have To Be Separated To File For Divorce In Florida?
If you are thinking about filing for a divorce in Florida, you may be asking yourself a million and one questions about where to start, who to talk to, and what to do. One of the questions you may be asking yourself is “how long you have to be separated to file for divorce… Read More »
