When Florida family courts incorporate marital settlement agreements into final orders of dissolution, they will often retain jurisdiction over any issues that subsequently arise regarding the agreements. In such instances, if a party files an action in a different court, it will most likely be deemed improper. As explained in…
Here in Florida, as in every state, the time that you have for pursuing your rights in a civil court action is limited. These deadlines are called statutes of limitations or limitations periods. If you wait too long to file your lawsuit, the other side can seek a dismissal of…
As you prepare to create a marital settlement agreement in Florida, there are several things you should be certain you do. One is to negotiate carefully and diligently to include all of the terms you need and exclude everything that you need left out. After that, you need to be…
There are several things that are essential in order to make a proposed marital settlement agreement appropriate for you to sign. Any agreement should appropriately protect your interests. The agreement also, though, should be completely clear and unambiguous so that any disputes that arise later will not trigger a whole…
There is an old and colorful saying about the perils of making assumptions. The saying, which popped up on a 1973 episode of The Odd Couple, admonishes that you should “never assume” and reveals its lesson by separating the word “assume” into its first through third letters, its fourth letter,…
A 1960s song written by Chuck Berry, which was later re-recorded by artists ranging from rock icon Bruce Springsteen to country star Emmylou Harris, states in its refrain that “it goes to show you never can tell.” Litigation — especially family law litigation — can be a lot like that.…
Florida’s Third District Court of Appeals has ruled that attorney’s fees may be awarded pursuant to Section 61.16(1) of the Florida Statutes in a marital property settlement agreement enforcement action. In De Campos v. Ferrara, a former married couple dissolved their marriage in 1991. As part of the dissolution action,…
A recent survey by the American Academy of Matrimonial Lawyers revealed that 73% of attorney’s who practice marital and family law are reporting an increase in the demand for prenuptial agreements. Broward divorce attorneys believe that the recession has effected people’s assets which now require protection in the event of…
The purpose of civil contempt is to obtain compliance with a child support, alimony or general court order and can only be used when the contemnor has the ability to comply. First, your divorce lawyer in Fort Lauderdale must have the court determine whether the defaulting party has willfully violated…
Sandy T. Fox, Esquire, a divorce lawyer in Broward and Miami-Dade, represented the Former Wife in an enforcement proceeding in the Florida marital and family law court located north of Fort Lauderdale. The equitable distribution provision of the marital settlement agreement provided that the Former Wife was to receive $141,263.72…