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Discovery is a crucial part of the divorce process, as it allows the parties and court to evaluate community debts and assets. As such, if the court limits or denies a party’s discovery requests, it may impair their right to assert certain claims or arguments. Recently, a Florida court discussed the right to obtain discovery of a party’s assets in a matter in which the court reversed the trial court’s denial of a discovery request related to property awarded to a party in the judgment of dissolution. If you are concerned about how divorce may impact you financially, it would benefit you to meet with a Miami divorce attorney as soon as possible.

Case Background

It is reported that the husband and wife divorced in 2008. Pursuant to the final judgment of dissolution, the husband was ordered to pay the wife permanent alimony of $13,000 per month. In 2019, the wife filed a motion for content and enforcement due to the fact that the husband failed to make a required alimony payment.

Allegedly, the husband filed a motion to modify the alimony obligation in response. The wife then sought discovery regarding the husband’s finances, including information about the husband’s sale of an asset that was awarded to him in their divorce settlement. The husband objected to the request, and the court found in favor of the husband, limiting the wife’s discovery with regard to the sale of the asset. The wife filed a petition for certiorari, arguing that the trial court deviated from the essential requirements of the law in limiting her right to discovery. Continue reading ›

When a couple with minor children decides to end their marriage, they will typically be granted joint custody rights.  In some cases, however, the court will grant one parent will be greater custody rights at first. Subsequent changes in the parties’ situations are common, though, and will typically inspire the court to modify the custody order and grant the other parent primary custody of the child. A Florida court recently considered whether a modification order that transfers the majority of parental time from one parent to the other must contain provisions that allow for the other parent to take measures to restore significant time sharing rights. If you are fighting for custody of your child, it is in your best interest to consult a dedicated Florida child custody lawyer to discuss your rights.

The Factual Background

Allegedly, the mother and father separated in 2015. The mother was awarded the majority of parental time with the couple’s minor child under the terms of the divorce decree. The father requested a change in the parenting arrangement in 2019. The adjustment was granted by the court, resulting in the father receiving the majority of parenting time.

Generally, when a parent wishes to define custody rights, they will file a custody lawsuit in the jurisdiction in which they, their child, and their co-parent reside. In some instances, however, co-parents may not agree as to which county or state is considered the child’s place of residence. In such instances, the Florida courts will typically analyze numerous factors to determine where the child’s home exists and if it can exercise jurisdiction over a custody dispute pertaining to the child. For example, in a recent Florida opinion, a court explained what it considers when evaluating whether a child is a Florida resident, in a case in which the mother and father filed custody disputes in New Jersey and Florida, respectively. If you are engaged in a dispute over custody, it is advisable to contact a Florida child custody lawyer to assess your options for seeking a favorable outcome.

The Facts of the Case

It is reported that the mother and the father lived with the father’s parents in Florida for many years. Once the child was conceived, the parents moved to New Jersey to obtain the care of a specific obstetrician. The mother gave birth to the child in New York, after which the parents and child went back to Florida. They initially intended just to vacation there but ended up living with the paternal grandparents again for over six months. The mother returned to New Jersey on numerous occasions during that time to tend to her business.

Allegedly, the parties’ relationship deteriorated, and the mother returned to New Jersey with the child. She then sought an injunction for protection against domestic violence, and one week later, the father filed a paternity action in Florida. The following day, the mother filed a custody action in New Jersey and moved to dismiss the Florida paternity case, arguing New Jersey had jurisdiction over the child under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The trial court conducted a hearing, after which it denied the motion. The mother then appealed. Continue reading ›

Disputes over money are one of the leading causes of divorce. It is not surprising, then, that in many divorce cases, the parties will engage in contentious disagreements over how assets and property should be divided. In an attempt to mitigate such disputes, the Florida courts engage in a three-step process for determining what constitutes an equitable division of property. If the court disregards the process and divides property without properly identifying assets and liability, it may constitute grounds for a reversal of an equitable distribution award, as demonstrated in a recent Florida ruling. If you wish to end your marriage, it is critical to engage a capable Florida divorce lawyer to assist you in safeguarding your interests.

The History of the Case

The facts of the case are sparse. It is merely reported that the husband and wife were engaged in divorce proceedings, and the trial court issued a final judgment dissolving the marriage. The husband subsequently appealed, arguing that the alimony award and equitable distribution awards dictated by the judgment must be reversed. The appellate court agreed, and vacated the trial court ruling, and remanded for further proceedings.

The Florida Equitable Distribution Process

In Florida, equitable distribution is typically a three-step process. Specifically, it requires the identification of nonmarital and marital assets, a valuation of any assets deemed marital, and distribution of marital assets as dictated by statute. In the subject case, the husband argued that the trial court erred in failing to identify all of the parties’ liabilities and assets and deem them either marital or nonmarital. The appellate court agreed. Continue reading ›

In Florida, income earned during the course of a marriage, including money placed in a retirement account, is generally considered marital property. When couples divorce, any marital property is typically subject to equitable distribution, but parties can waive their property rights via an agreement. A party that waives the right to marital property in a divorce action cannot later argue that their waiver does not apply based on a technicality, however. This was demonstrated in a recent opinion issued in a Florida case, in which the deceased husband’s estate sought enforcement of a marital settlement agreement to preclude the wife from recovering retirement plan benefits. If you want to end your marriage, it is smart to hire a knowledgeable Miami divorce attorney to help you seek a favorable outcome.

History of the Case

It is alleged that husband and wife married in 1988. The husband, a  television producer, contributed to a 401k plan that was governed by ERISA before and after the marriage. He designated the wife as the first beneficiary and his children as the second beneficiaries under the plan documents.  In 2017, the parties divorced. They developed a marital settlement agreement (the Agreement) that stated they both retained the sole right to their retirement plans and waived the right to recover proceeds from each other’s plans. The husband did not update his plan beneficiary forms, however. The court ratified the Agreement in the final dissolution of marriage.

Florida courts generally find that it is in a child’s best interest to maintain connections with both parents and are reluctant to sever the parent-child relationship. While the courts will usually determine if there are other, less restrictive, means of protecting a child prior to terminating parental rights, such an analysis is not always required. This was demonstrated in a recent Florida opinion in which the appellate court reversed a trial court order denying a motion to sever the parental relationship on the grounds that the father engaged in egregious conduct. If you have questions about your parental rights or the rights of your co-parent, it is smart to meet with a Florida child custody lawyer as soon as possible.

The Subject Case

It is reported that the mother and father shared custody of their minor children pursuant to a time-sharing agreement. The mother and her boyfriend drove to the father’s house to pick up the children, but the father refused to let them go. Then, in front of the children, he threatened to shoot the mother in the face if she took them. The mother loaded the children into her boyfriend’s truck. The boyfriend began driving away, and the father went into his house.

Allegedly, the father then returned with a gun and began shooting at the truck. One of the bullets hit the boyfriend in the back of his head, causing him to lose control of the vehicle and drive into a ditch. The mother suffered injuries in the crash, and one of the children suffered cuts when bullets shattered the truck’s windows. The father was ultimately arrested and charged with attempted murder, and the mother filed a petition to terminate his parental rights. The trial court denied the petition, and the mother appealed. Continue reading ›

Generally, when a couple with children divorces, the courts will find it is in the best interest of the children for both parents to have custody rights. Typically, the courts will issue an order setting forth a parenting plan establishing when each party has physical custody of the children. The plans generally may be modified, but only if the party requesting a change demonstrates that it is warranted and that it is in the best interests of the children, as discussed in a recent Florida ruling. If you need assistance protecting your parental rights, it is prudent to speak to a Florida child custody lawyer to discuss your options.

Procedural History of the Case

It is reported that the husband and wife divorced in 2016. They had two minor children, and the divorce decree set forth a parenting plan that granted the wife the majority of time-sharing rights and granted the husband time-sharing on alternating weekends and Wednesday nights and set forth a standard holiday and summer schedule. The husband filed a motion asking the court to hold the wife in contempt and for the appointment of a parenting coordinator.

It is alleged that in support of his motion, he argued that his schedule as an emergency room surgeon made it difficult to adhere to the schedule, and the wife was unwilling to compromise. The court held a hearing and then ruled that the husband should be allowed to change one of his weekends each month as long as he gave the wife advance notice. The wife appealed. Continue reading ›