Category: Family Law

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday May 20th, 2025.

Divorces involving more than one country can be messy, especially in Florida, where international travel, relocation, and global assets are common. If you’re dealing with a custody order from another country or splitting property overseas, you’re working with multiple legal systems at once. That brings a unique set of challenges that regular divorce cases don’t have.

How Florida Courts Handle Foreign Custody Orders

Florida follows a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It allows courts here to enforce custody orders from other countries, but only if the foreign court followed similar rules.

Both parents must have had a chance to be involved in the original case. If the order checks those boxes, Florida can act fast, sometimes within days. Parents can also turn to the Hague Convention for help, but only if both countries are members.

Splitting Property That’s Not in the U.S.

Florida uses equitable distribution, which means courts try to divide marital property fairly. That includes property outside the U.S., like a house in Spain, a bank account in Canada, or stock in a company based overseas.

However, some countries don’t follow U.S. court orders. If that happens, Florida courts might give one spouse more U.S.-based assets to balance things out.

Will a Foreign Divorce Be Valid in Florida?

It depends. Florida may recognize a divorce from another country if both spouses had notice and were allowed to take part in the process. Also, at least one person must have lived in that country at the time of the divorce. If those rules aren’t met, Florida might not accept the divorce.

On the flip side, enforcing a Florida divorce in another country could take extra steps, like hiring a lawyer overseas or filing in a foreign court.

We Help Florida Clients Deal With International Divorce Issues

At the Law Office of Wickersham & Bowers, we help people sort through cross-border divorce problems, whether it’s custody, asset division, or getting a court order recognized. Contact us today to talk about your options and get help protecting your future.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday April 21st, 2025.

In Florida divorces, dividing property can be challenging, especially if one or both spouses own intellectual property. For professionals in creative or technical fields, patents, trademarks, copyrights, and royalty agreements may be the most valuable assets on the table. Because these assets are tied to future income and may not be easy to value, courts must weigh several factors when splitting them under Florida’s equitable distribution rules.

How Florida Classifies and Divides Intellectual Property

Florida courts treat most assets created during the marriage as marital property, even if only one spouse holds legal title. That includes intellectual property like trade secrets, business goodwill, and copyrighted material. If the asset was created before the marriage but increased in value during the marriage, part of that growth may still be considered marital.

In cases involving trade secrets, protective orders and NDAs are often used to keep proprietary business information private during and after the divorce process.

How to Value Intellectual Property

Valuing intangible assets like patents or copyrights is a critical step in dividing them fairly. The most common methods include:

• Cost Approach: Calculates how much it would cost to recreate the asset today. Works best for early-stage or undeveloped projects.
• Market Approach: Compares the asset to similar ones that have sold or been licensed. Often used for patents or trademarks with market data.
• Income Approach: Projects future income, such as royalties, then discounts it to reflect risk and present value.
• Relief-From-Royalty Approach: Estimates how much someone would pay to license the asset instead of owning it. This model blends the income and market approaches.

How to Structure the Split

Courts may award the intellectual property to the original creator and assign a share of future income, such as royalties or licensing fees, to the other spouse. In some cases, a buyout is negotiated instead based on the asset’s current appraised value. For incomplete or speculative IP, a formula may be used to divide any future earnings based on the portion created during the marriage.

At the Law Office of Wickersham & Bowers, we help clients handle complex asset division, including intellectual property rights. If your divorce involves patents, royalties, trademarks, or creative work, contact us today to schedule a consultation. 

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday March 20th, 2025.

Divorce often reveals individual personalities as spouses rush to protect themselves. One of the most contentious issues in divorce is property division. Cash and real estate are easy to divide because they can be valued. However, it’s hard to track crypto because its value fluctuates. 

Florida law stipulates that any cryptocurrency bought during the marriage is marital property that should be split fairly. However, how do you find, value, and split the crypto properly?

Finding Hidden Cryptocurrency

Some people try to hide digital assets during a divorce. Since cryptocurrency wallets aren’t always linked to banks, crypto can be moved or stashed without leaving a clear trail. That doesn’t mean it’s impossible to find.

Here’s how attorneys and financial experts track hidden crypto:

• Bank and credit card records: Large withdrawals or payments to crypto exchanges.
• Tax returns: The IRS requires people to report crypto gains. Missing or inconsistent tax documents might hint at undisclosed assets.
• Forensic accountants: Follow digital footprints to trace where money has gone, including crypto transactions.
• Subpoenas to exchanges: If a spouse is suspected of hiding funds, legal action can force platforms to turn over transaction history.

Putting a Price on Crypto Assets

Unlike cash or stocks, cryptocurrency doesn’t have a fixed value. Courts usually pick a specific valuation date, such as the date of separation or the divorce filing, to set the value.

Some factors that go into valuation include:

• Current market price: What the cryptocurrency is worth at a given moment.
• Historical prices: Past transaction records may be useful if assets were moved before the divorce.
• Expert analysis: Financial professionals may be needed to determine fair pricing and predict future value shifts.

Splitting Cryptocurrency in a Divorce

Once the value is set, the next step is deciding the share each person gets. There are three main ways this is handled:

1. Direct transfer: The crypto is split and sent to each spouse’s separate digital wallet.
2. Asset trade: One spouse keeps the crypto while the other receives something else of equal value (like cash, stocks, or property).
3. Sell and split: The crypto is sold, and both spouses divide the profits.

If you need help handling cryptocurrency in your divorce, contact Wickersham & Bowers today for expert legal guidance.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday February 27th, 2025.

Prenuptial agreements can help couples protect their assets and define financial responsibilities before marriage. However, if a couple moves to another state or files for divorce outside their original jurisdiction, it can be difficult to enforce the agreement. Each state has different laws, and a prenuptial agreement that is valid in one place may not hold up in another.

Why Prenuptial Agreements May Not Be Enforced in Every State

State laws (not federal law) govern prenup agreements. This means each state has its own rules about what makes an agreement valid. Some states strictly enforce prenups, while others review them more closely to ensure fairness​.

One major issue is that some states follow community property laws. These laws automatically divide assets equally between spouses when they separate. If a prenup conflicts with those laws, a court may refuse to enforce certain terms​. Courts may also reject a prenup if they find it unfair, one-sided, or lacking full financial disclosure at the time of signing​.

How Can You Strengthen a Prenuptial Agreement Across State Lines?

If a couple moves or owns property in different states, they should take steps to protect the agreement. Some of the things they can do include:

• Choice-of-Law Clause: A prenup should specify which state’s laws will apply in case of a dispute. Without this, the state where the divorce is filed may apply its own laws, which could weaken the agreement​.
• Full Financial Disclosure: Courts are more likely to enforce a prenup agreement when both spouses had complete knowledge of each other’s finances before signing​.
• Independent Legal Representation: If both spouses had their own attorneys when signing the prenup, courts are less likely to question its fairness​.
• Review and Update the Agreement: If moving to another state, consult an attorney to check if the prenup complies with local laws​.

We Can Help Protect Your Agreement Before It’s Challenged

A prenuptial agreement is only useful if it holds up in court. You can take extra steps before marriage to prevent future legal battles. If you need to create or update a prenup, Wickersham & Bowers can help ensure it is enforceable no matter where life takes you. Contact us today for a consultation.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday January 21st, 2025.

Divorce and custody fights are hard enough, but things can worsen when one parent starts turning a child against the other parent. Being alienated can feel like your own child is slipping away. Imagine being a loving parent, and suddenly, your child won’t talk to you, avoids visits, or acts like you have done something wrong—when you haven’t. It is heartbreaking.

Sadly, parental alienation is common in high-conflict custody disputes. The good news is that you are not powerless. Florida law recognizes how harmful parental alienation can be, and there are ways to fight back and protect your relationship with your child.

What Does Parental Alienation Look Like?

Parental alienation can be sneaky. Sometimes, it is obvious, like a parent saying bad things about the other in front of the child. Other times, it is more subtle—maybe the other parent “forgets” to pass along your messages or makes the child feel guilty for wanting to spend time with you.

Here are some signs to watch for:

• Your child suddenly shows anger or fear toward you without any clear reason.
• They start using language that sounds more like the other parent than their own words.
• They refuse to visit or even talk to you, even though things used to be fine.

How Florida Law Can Help

Florida courts care about what is best for your child, and they know that having both parents involved is usually the healthiest option. If you suspect parental alienation, you can take the following legal steps:

1. Change the Custody Agreement: You can ask the court to adjust custody or visitation if the other parent is harming your relationship with your child.
2. Request Family Counseling: Judges can order therapy for your child or even the whole family to help rebuild trust and communication.
3. Enforce the Rules: If the other parent is breaking custody agreements, they could face fines or lose custody rights.

Start Rebuilding Your Bond Today

Parental alienation can cause deep pain, but you do not have to face it alone. There are real, legal ways to protect your relationship with your child and stop this behavior in its tracks. Contact Wickersham & Bowers today and take the first step toward healing your family.