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WE HAVE MOVED!  

As of October 31, our new office address is:
4010 Sheridan Street
Hollywood, FL 33021
(954) 349-7988
www.barkuslaw.com

The telephone, fax and email information remain the same.

 
Kentucky passes law creating a presumption of shared parenting
 

On April 10, 2017, the Kentucky Governor signed into law a bill that creates a presumption of joint custody and equal parenting time.  The bill provides that, in making an order for temporary custody, there shall be a presumption, rebuttable by a preponderance of the evidence, that the parents shall share equally in parenting time. If the court deviates from equal parenting time, the judge shall create a schedule that maximizes parenting time.
The bill is a huge win for shared parenting advocates in Kentucky, as well as other states, such as Florida, where opponents bitterly contest a presumption of shared parenting.
Supporters for the bill cited a plethora of research, including this updated December, 2016 study supporting overnight timesharing for children under the age of two.

The Kentucky law follows similar bills passed on Missouri and those pending in Alabsma as well as in 24 other states  We will  continue to  follow this issue and will keep you updated on any changes or progress. For the most up to date information, please visit our Facebook page.
 
 
 

FLORIDA SUPREME COURT RULES ON PRENUP: SEPARATE PROPERTY MAY BE MARITAL
 
Prenuptial agreements can be tricky- and should never be done without hiring a lawyer and taking the proper steps. But, even a well drafted preuptial agreement can have unintended consequences.
In a recent case , the Wife challenged a provision relating to separate property. The parties were married for 23 years. They signed a prenuptial agreement that provided that each would keep their separate property, including an appreciation.  The Wife sought an interest in two pieces of property owned by the Husband before marriage, which the Wife claimed an interest in these properties was gifted to her. The trial judge agreed with the Wife, finding that, because the parties lived in the properties, raised a family in the properties, and the Husband didn't tell the Wife one way or another whether the properties were a gift or belonged to the Husband, that these actions resulted in the Husband gifting a half interest in the properties to the Wife. The Florida Supreme Court didn't agree or disagree with either party, but upheld the trial judges decision as it was based on competent and substantial evidence.

 

The case is a good example of a tricky and unintended consequence of a prenuptial agreement. Its a good example of why these agreements should be carefully drafted and reviewed by an attorney with knowledge and experience in handling these matters.

Please visit our website for more information about prenuptial agreements.


 
ABOUT LORI BARKUS
About Lori Barkus
Lori Barkus new
Florida family law attorney, mediator and guardian ad litem Lori Barkus provides a wide range of services, including: family law representation, pre- and post- divorce mediation, divorce mediation, pro se mediation, family law and collaborative family law matters, child support, child custody, paternity, judgement modification, alimony and pre- and post-nuptial agreements.
 

 


  
BARKUSLAW IS ON YOUTUBE!

Barkuslaw now has a Youtube channel. Click here to learn more about the firm as well as our unique approach to family law representation.

NEW AND COST EFFECTIVE SERVICES

Hiring a lawyer for a divorce or family law matter can be expensive. Fees and costs can get out of control and it often feels as though the case will keep going until the money runs out. There should be a better way to get needed legal assistance without spending everything you have.
Using my 18 years experience as a family attorney in complex legal and financial matters as well as my collaborative, mediation and guardian ad litem training, I believe there is a different approach that may be helpful to certain clients.

 Barkuslaw offers a variety of services to suit your needs and budget. Learn more about our   strategic consultation and unbundled legal services and well as our mediation services for couples without attorneys.
  
 
  Please visit our website and/or the Barkuslaw facebook page to learn more about this and other services.
The above is intended as general information and not legal advice. It is for information purposes only and not for the solicitation of any legal services.  
 

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Lori Barkus, P.A.
4010 Sheridan Street
Hollywood, FL 33021
(954) 349-7988
www.barkuslaw.com