Fort Lauderdale Divorce Lawyer Blog
In Florida divorce proceedings, it is not uncommon for parties to enter into a marital settlement agreement that defines their post-dissolution rights and obligations. Such agreements are contracts and are enforceable as such, which means if one party fails to abide by the terms of the agreement, the other party can seek a contempt ruling from the court. Parties can only be held in contempt if the contract provisions clearly allow for such a finding, though, as discussed in a recent Florida case. If you want to pursue a divorce, it is important to understand the implications of your decision, and it is advisable to talk to a Miami divorce lawyer about your options.
History of the Case
It is reported that the husband and wife divorced; as part of their dissolution proceeding, they entered into a marital settlement agreement (MSA). The MSA required the wife to execute a quitclaim deed (Deed 1) conveying her interest in the marital residence to the husband, to be held by her counsel until certain conditions were met. The MSA also stipulated a lump sum alimony payment from the husband to the wife, with a default leading to the release of a second quitclaim deed (Deed 2) conveying the husband’s interest in the marital residence to the former wife.
Allegedly, the wife moved to have the husband and his attorney held in contempt for not delivering Deed 1, alleging that the attorney promised to have the former husband sign both deeds and deliver Deed 1 but failed to do so. At the contempt hearing, it was acknowledged that the wife’s counsel eventually received Deed 1, but the wife sought attorney’s fees and costs for the delay. The trial court found both the husband and his attorney in contempt and ordered them to share the former wife’s attorney’s fees and costs. The attorney appealed.
Grounds for Contempt in Divorce Actions
On appeal, the court focused on the interpretation of the MSA, which is treated like any other contract. The court emphasized that a person cannot be held in contempt for not complying with an order unless the order’s language is clear and precise.
Ultimately, the court found that the MSA did not impose any express legal duty on the attorney to deliver Deed 2 to the wife’s counsel before the husband’s default or failure to refinance within the specified period. Furthermore, the MSA did not require the husband’s signature on Deed 1 for it to be effective.
Since Deed 1, executed solely by the wife, fulfilled the MSA’s requirements, the attorney could not be held in contempt for the delay in delivering Deed 1. Thus, the court reversed the trial court’s contempt finding and corresponding sanction against the attorney, remanding the case for further proceedings consistent with this opinion.
Meet with a Skilled Miami Attorney
It is vital for anyone who wants to end their marriage to talk to an attorney about what steps they can take to protect their interests. The skilled Miami divorce lawyers at the Law Offices of Sandy T. Fox, P.A. can inform you of your options and help you to seek a just result. Contact us at 800-596-0579 or use the online form to arrange a conference.