Law Offices of Tinley M. Rudd, Esq.Law Offices Of Tinley M. Rudd, Esq.2026-11-08T15:02:03Zhttps://www.tinleyrudd.com/feed/atom/WordPress/wp-content/uploads/sites/1605522/2020/06/cropped-TinleyRudd-siteicon-1-32x32.pngOn Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[How equitable distribution works when you have high-value assets]]>https://www.tinleyrudd.com/?p=480762026-11-06T15:04:23Z2026-11-08T15:02:03ZDivorce in Florida is more complex when you own significant assets. Florida follows a rule called “equitable distribution.” This means the court divides your property fairly, but not always equally. It is important to know that high-asset cases often work differently than standard divorce proceedings.
Valuation challenges
One of your biggest hurdles is finding the exact value of your assets. Unlike simple cash accounts, assets like private businesses or luxury collections need a formal appraisal. You may need to hire forensic accountants or valuation professionals. It is common for your spouse’s appraisers to suggest a different value than yours. These disagreements are a standard part of high-asset cases.
Non-marital property: This often includes assets you owned before the marriage or received as an individual gift or inheritance.
Marital property: This generally encompasses assets gained during the marriage.
Even if an asset started as non-marital, part of it can become marital. For example, if marital money or a spouse’s work increases the value of a separate asset, courts may divide that increase. Also, mixing separate funds with marital funds can turn some or all of the asset into marital property.
Distribution factors
When dividing your assets, Florida courts consider multiple factors, such as:
Length of your marriage
Economic circumstances of each spouse
Contributions to the marriage (including homemaking)
Your substantial income does not automatically entitle you to a larger share. Courts consider whether your spouse sacrificed their career to support your professional advancement.
Protection strategies
If you are not yet divorced, you can still take steps to protect yourself. Keep clear records that show which assets you owned before the marriage. Avoid mixing your personal funds with shared marital funds. Keep detailed records of all your financial moves. If you brought wealth into the marriage, you should also consider a postnuptial agreement.
Working with your legal team
If you are facing a divorce, find professionals who have experience with high-net-worth cases. You should work with a legal professional who knows Florida family law. A financial advisor can also help you plan for your life after the divorce.Taking these steps early helps you understand the process. Assembling the right team can be the difference between a fair settlement and a poor outcome.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[Florida is a common law property state: What does that mean?]]>https://www.tinleyrudd.com/?p=480742026-10-27T12:32:18Z2026-10-12T12:31:30Zcommon law property laws apply, and the state uses equitable division rules in divorce. How does this differ from a community property state?
The title becomes very important
When determining ownership, an asset's title determines who has a right to that asset. For example, perhaps one person purchased a home on their own, so they are the only person on the title. They then got married, and their spouse moved in to the house. If they get divorced, that home will generally belong to the person whose name is on the title. The same would be true for a car, a vacation property, a boat or another such asset.
If both people are on the title, such as a married couple that bought a home together, then they both own the house. However, they should not presume that this is automatically the case, as it would be in a community property state. They need to look at the title.
Moreover, under equitable division guidelines, the court's goal is to find a fair and just division of assets. This may not be equal. One spouse may receive a greater percentage of the assets than the other, depending on ownership issues and what the court determines is fair in that specific situation.
This means that there is a fair amount of nuance to property division in Florida, and it is important for couples who are going through a divorce to understand exactly what legal steps to take.
]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[Can your partner avoid divorce by never responding?]]>https://www.tinleyrudd.com/?p=480722026-10-27T12:31:13Z2026-09-28T12:30:44ZIf you decide to file for divorce, one important step you need to take is to serve the divorce papers to your spouse. Once they receive this divorce petition, they are supposed to review the terms and submit their answer.
Some couples agree on the terms and have a relatively smooth divorce. But other couples will disagree in key areas, such as property division and child custody terms, and they go through a contested divorce.However, say that your spouse is not interested in getting divorced in the first place. They decide that the best way to avoid the proceedings is simply to refuse to answer the divorce petition at all. You serve them the papers and they just ignore it. They never respond. Does this mean it is impossible to get divorced?
A default divorce judgment
No, this does not offer them a way out. It does delay the process. Under Florida state law, they have 20 days to respond to the divorce papers. You still have to wait for this amount of time, even if you believe they are not going to respond.But if that deadline elapses and they still have not taken action, you can ask the court for a default divorce judgment. Typically, this means that the court reviews the documentation, signs off on the terms and authorizes the divorce, even without your spouse’s involvement. You can still end your marriage, even if they will not cooperate.This can make the process a bit more contentious and potentially complicated. It is helpful to work with an experienced family law attorney at this time.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[Understanding temporary relief in family law cases]]>https://www.tinleyrudd.com/?p=480702026-10-27T12:30:17Z2026-09-20T12:29:42ZTemporary support during a pending case
Temporary support allows households to cover essential expenses while the case is active. Courts review financial affidavits, income records and documented needs to determine appropriate amounts. Common forms of temporary support include:
Temporary child support based on guideline calculations
Temporary spousal support reflecting each party’s financial circumstances
Temporary payment of specific expenses such as insurance or mortgage obligations
Temporary support orders will remain in place until modified or replaced by a final judgment.
Use of the family home
Temporary orders for exclusive use of the home can reduce conflict and provide children with a stable environment. Courts evaluate safety concerns, financial ability to maintain the residence and the impact on each party. Possible outcomes include:
Temporary possession of the home for one party
Temporary restrictions on entering or using the property
Temporary orders addressing payment of housing expenses
These temporary arrangements do not determine long-term property rights but help maintain order during the case.
Temporary parenting schedules
Children always need structure and predictability, and they need it more so during a divorce. Temporary parenting schedules give children this structure. Courts consider parental involvement, child routines and safety issues. A temporary schedule may include:
A defined time-sharing plan
Temporary decision-making responsibilities
Short-term rules for communication and exchanges
The schedule remains in effect until the court issues a final order per the child's best interests. Having strong legal guidance can help you obtain temporary orders that best meet your family's needs while a divorce is pending.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[What happens to a private practice in a Florida gray divorce?]]>https://www.tinleyrudd.com/?p=480662026-10-27T12:28:02Z2026-09-04T12:26:35ZIf you built a private practice over decades of hard work, a gray divorce can feel like a threat to everything you have earned. You may worry that the court will force you to sell or give up your business entirely. The good news is that Florida law provides a clear and structured process to help handle this fairly. That process starts with understanding the legal status of your practice.
Does your practice qualify as marital property?
Florida follows equitable distribution, meaning the court divides marital property in a reasonable way. But before any division happens, you need to determine how much of your practice qualifies as marital property. If you started your practice during the marriage, courts typically treat the full net value as marital property. If you started it before the marriage, courts can only divide the growth in value during that time. This distinction is the first step toward understanding what is actually at stake.
How experts assess the value of your practice
Once you identify the marital portion, the next step is determining what it is actually worth. Experts typically examine two key components when valuing a private practice:
Enterprise goodwill: This represents the independent value of the business itself, such as its client base, systems and reputation, which the court can subject to division.
Personal Goodwill: This represents value tied directly to your own skills, reputation and relationships, which Florida law generally excludes from marital property.
This is why understanding how experts value your practice sets the foundation for exploring your options on how to divide it.
Three ways to divide a private practice
With a clear valuation in hand, you and your spouse can explore the most practical path forward. There are three common ways to divide a private practice in a Florida gray divorce, such as:
Buyout: You keep full ownership of the practice and pay your spouse their fair share using personal savings or outside funds.
Asset Trade: You retain the practice and offer your spouse an equivalent value in other marital assets, such as the family home, investment portfolios or a larger share of retirement accounts.
Sale of the Practice: You and your spouse sell the practice entirely and split the proceeds, which may be a practical option if you are both nearing retirement.
Protect your life’s work with legal guidance
A gray divorce does not have to end your professional legacy. When you approach the process with accurate valuations and careful negotiation, you give yourself a real chance at a fair outcome. The steps above, from identifying marital property to exploring your division options, can help you move through this process with clarity. With the right support and a solid understanding of your rights, you can protect what you have built and look toward the next chapter with confidence.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[How divorce can affect a family business]]>https://www.tinleyrudd.com/?p=480682026-10-27T12:29:21Z2026-08-31T12:28:48ZWhen couples jointly own a business together, they really have to think about what it will mean for the company if they decide to get divorced. Their business is one of the most valuable assets that they own, and they both have a right to it.
First and foremost, it is important to note that they do not necessarily have to change anything. They can be business partners both before and after the divorce. Some couples do go through a relatively amicable divorce with a low level of conflict, and they will still find it possible to operate as business partners. But for others, the idea of working together feels rather impossible, and so they have two main options to consider:
Selling the business
One potential option is for the couple to sell the business jointly. A third party purchases it, and the couple splits up the profits from that sale. The downside is that they lose the business that they built, but this tactic does convert that company into a financial asset that can be split up during property division.
Becoming the sole owner
Another tactic is for one person to become the sole owner of the business, usually by buying out the ownership share held by their former spouse. Depending on the value of the business, they may need to take out loans or find investors. They may also consider surrendering other marital assets, such as giving up their claim to a shared retirement account in exchange for the other half of the business.Every situation is unique, but there are multiple tactics couples can consider as they go through a divorce. It is important for them to be well aware of their legal options at this time.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[Do you have to pay child support if you lose your job?]]>https://www.tinleyrudd.com/?p=480642026-10-27T12:25:56Z2026-08-14T12:25:31ZYes, even if your income changes or you lose your job, you still have to comply with a standing child support order. That obligation does not end automatically.
That said, if you got a divorce and the court issued a child support order, they will have taken your income into account when determining how much has to be paid on a monthly basis. It is natural that you may feel you cannot meet this obligation if you have lost your job, and the key is to seek a modification to the child support order.In other words, do not just stop paying because your position was terminated or your income was reduced. Continue to pay, petition the court for a modification to lower the monthly total and move forward from there. By doing this, you ensure that you do not violate a standing court order.
Is it a permanent reduction?
When you request the modification, one detail that the court will want to know is if you have had a permanent reduction in income or if it is just temporary.For instance, perhaps you are a small business owner, and the company has had a slow month. The court is unlikely to change your child support obligations.On the other hand, maybe you previously had a good job, but you were recently let go in a round of layoffs. You know that it could be months before you find another job, if you do at all. You may be able to request a modification.Either way, it is very important to understand exactly what legal steps to take, and that includes getting the modification before you actually change how much you pay in child support.
]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[What is child custody?]]>https://www.tinleyrudd.com/?p=480622026-10-27T12:24:51Z2026-08-05T12:24:15ZWhat will happen to the kids after a divorce? This is a question many divorcing parents have. Before agreeing to anything or signing papers, it may be important to learn more about child custody, which refers to each parent’s legal right over their children.
A child custody arrangement can determine legal and physical custody. Here is what you should know:
What is legal and physical custody?
A parent who can make decisions for their child has legal custody. Legal custody can allow a parent to decide where their child goes to school, which doctor they will see or what type of diet their child has. Parents can share legal custody through a joint custody arrangement. However, a single parent may be given sole legal custody if the other parent is not fit to decide what is best for their child’s upbringing, safety and wellbeing.Physical custody refers to where a child lives. Most parents live separately after a divorce. A physical custody arrangement can allow co-parents to schedule days when their child lives with them. A child custody schedule may arrange for parents to have custody every few days, weeks or months depending on each parent’s daily schedule. However, a parent may also be given sole physical custody. Sole physical custody means that a parent is entirely responsible for their child’s daily routine and care. The parent without physical custody may be granted visitation days to see their child.Your child’s future is important to you. You can reach out for professional legal guidance to learn more about your parental rights and custody options.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[Set school-year parenting plan now]]>https://www.tinleyrudd.com/?p=480592026-07-23T16:31:31Z2026-07-23T16:31:31ZAs we edge into the dog days of summer, it might seem premature to start talking about custody schedules and parenting plans for the upcoming start of the academic year. But high temps and sunshine notwithstanding, the first day of school is really just weeks away.If you are in the throes of separation or divorce, one thing you need to have for minor children is a detailed parenting plan for the 2026-2027 school year.
What to consider with the parenting plan
The parenting plan must dovetail with any custody orders currently in place. But if you are newly separated, there may not be an order on file. Many couples submit interim parenting plans initially to the court. These temporary orders are put in place for the pendency of the proceedings. What you start with might not be what you wind up with, so try to keep an open mind regarding custody options.
Establish civil communication when possible
Unless there are protective orders in place, it is generally a good idea to try to maintain civility with your co-parent. After all, the two of you are in this for the long haul with the kids. It works out better for all when civility is maintained.Sometimes, emotions may be running too high to communicate civilly with your soon-to-be ex-spouse. There are parenting apps to use that keep parties focused solely on the kids and their needs if the spouses remain at loggerheads.
Be reasonable when possible
It makes the most sense for all to agree on parenting plans that reflect your family’s actual circumstances. Shift workers will need custody times that differ from 9-to-5ers. Working together can allow you to design the parenting plan that best supports your children as they weather this transition.]]>On Behalf of Law Offices of Tinley M. Rudd, Esq.<![CDATA[Adult kids, grandkids and family dynamics: How to talk about grey divorce]]>https://www.tinleyrudd.com/?p=480552026-07-14T15:04:10Z2026-07-14T14:50:05ZGrey divorce can feel like a private decision, but it rarely stays private for long. Once shared with family, it will impact adult children and grandchildren. Adult children may be financially independent but they still experience a divorce as a shift in identity, family history and future traditions. Even though grandchildren may not understand the legal details, they notice changes in routines and emotional availability. With thoughtful communication, you can reduce confusion, limit conflict and protect these important long-term relationships.
How do adult children react to news of their parent’s divorce?
Adult children commonly respond with a mix of grief and practicality. Some feel pressure to take sides, others worry about a parent being alone and many quietly fear what this means for holidays, inheritance or caregiving later.Before you talk with them, it helps to anticipate a few common reactions. These are not “right” or “wrong” but simply normal stress responses to change.
Shock or disbelief, especially after decades of marriage
Anger tied to loyalty, perceived betrayal or old family narratives
Anxiety about logistics, finances or future caregiving responsibilities
Relief if the marriage has been visibly unhappy
A desire to mediate, investigate or assign blame
Adult children are often surprised by the announcement. The goal is not to manage their feelings, but to make space for them without inviting them into the role of judge or therapist.
How can I best communicate the decision with my adult children?
It can help to plan one clear message and repeat it consistently. Share the decision, the immediate practical impact and reassurance about continued love and involvement. Avoid details about fault, intimacy, money or legal strategy.
How do we navigate holidays and protect grandparent relationships?
Holidays can become the first major stress test. Grandchildren benefit from predictability and adult children benefit from not being forced to choose.Start with a simple framework and communicate early. Here are workable guardrails that can help to reduce conflict.
Confirm dates and locations in writing well in advance
Keep celebrations shorter and separate at first if emotions are high
Do not use children or grandchildren as messengers
Maintain consistent grandparent time, calls and routines
Agree on a neutral tone about the other parent in front of family
These steps are not about perfection, they are about stability while the family adjusts.Grey divorce changes the family structure, but it does not have to fracture the family. Clear boundaries, calm repetition and child-centered planning help adult children feel respected and help grandchildren feel secure. When in doubt, share less about the past and more about the plan for staying connected going forward.]]>