Martindale-Hubbell
The National Advocates
The National Advocates
National Board of Trial Advocacy
The Florida Bar
Best Lawyers
Client Distinction Award
The National Advocates

Published on: | by

In Florida, people who wish to end their marriage must abide by specific procedural rules when filing their petition for dissolution. Additionally, spouses responding to such petitions are bound by procedural rules as well. If a responding party declines to abide by such rules and fails to file an answer, the court may enter a default judgment against them. Further refusal to partake in the litigation process could ultimately result in a waiver of the right to pursue an appeal. This was illustrated in a recent Florida divorce action in which the court found the husband’s failure to comply with procedural obligations or respond to discovery constituted a waiver of his right to present evidence on disputed financial issues. If you want to learn more about how you can protect your interests while ending your marraige, you should talk to  a Miami divorce lawyer.

Factual and Procedural Background

It is alleged that the husband and wife were married, and the wife subsequently filed a petition for dissolution. The husband failed to respond to the petition, and the wife moved for a default judgment. The trial court ultimately granted the wife’s motion and issued a final judgment of dissolution, setting forth, among other things, the party’s financial rights and obligations.

It is reported that in issuing the judgment, the trial court found that the husband had waived his right to present evidence on certain disputed financial issues because he failed to respond to discovery requests, did not file a financial affidavit, and did not move to set aside the default judgment against him. The husband later appealed the trial court’s decision regarding financial matters. Continue reading ›

Published on: | by

Generally, in Florida custody cases in which both parents have parental rights, the courts will preclude either party from independently relocating a child without their co-parent’s permission or leave of court. As such, if a party does so, a court may order them to return the child in question to Florida, as demonstrated in a recent Florida ruling. If you want to know what steps you can take to protect your parental rights, it is advisable to meet with a Miami child custody lawyer as soon as possible.

Case Setting

It is alleged that the husband and the wife divorced in November 2015, and the final judgment included a settlement agreement that outlined a timesharing schedule and a method for determining the emancipation of their six children. The agreement also provided a dispute resolution process for issues related to shared parental responsibility, timesharing, and finances. However, it did not contain provisions related to the relocation of the minor children.

Reportedly, in August 2023, the wife relocated to Baltimore with the two minor children without the husband’s consent or filing a petition for relocation, prompting the husband to file an emergency motion to compel the return of the children to Florida. The trial court ordered the return of the minor children and the emancipation of the adult children, leading to the wife’s appeal. Continue reading ›

Published on: | by

It is well established under Florida law that, absent a prenuptial or postnuptial agreement, marital assets are subject to equitable distribution in divorce actions, while separate assets are not. It is not uncommon for a court to mischaracterize an asset, however, and order a separate asset to be divided among the parties. Recently, a Florida court issued an opinion clarifying the classification of assets in divorce actions, in a matter in which it ultimately reversed the trial court’s determination. If you have questions about your rights with regard to equitable distribution, it is smart to speak to a Miami divorce lawyer.

Factual History and Procedural Background

It is reported that the husband and wife were married but filed an action to dissolve their union. The trial court ultimately issued a final judgment, distributing the parties’ community assets. The husband then sought review of the final judgment issued by the trial court. One of the key issues in the appeal concerned the inclusion of one of the husband’s bank CD accounts in the equitable distribution schedule. The husband argued that this account was a nonmarital asset, as he had acquired it ten years before the marriage and maintained sole control over it throughout the marriage. The trial court, however, had classified the account as a marital asset subject to equitable distribution.

Classification of Assets in Divorce Actions

On appeal, the court found that the sole issue raised by the husband that warranted review was the trial court’s classification of the CD account. The court explained that under Florida law, assets acquired by one party before marriage are generally considered nonmarital assets unless there is evidence of enhancement, commingling, or intent to gift the asset to the other spouse during the marriage. Continue reading ›

Published on: | by

Florida family law courts handling cases involving minor children aim to rule in the children’s best interest. Unfortunately, in some instances, doing so requires the courts to declare a child dependent due to the parent’s inability to provide them with proper care. The Department of Children and Families must produce proof sufficient to demonstrate dependency by a preponderance of the evidence, however, and if it fails to do so, a child should not be deemed dependent. In a recent Florida ruling, a court addressed what constitutes sufficient evidence of dependency. If you need help protecting your parental rights, it is advisable to confer with a Miami child custody lawyer promptly.

Factual and Procedural Background

It is reported that the Department of Children and Families (DCF) initiated dependency proceedings after the child was born drug-positive and exhibited severe withdrawal symptoms. The child’s mother consented to the dependency adjudication, and the trial court declared the child dependent as to the father after a bench trial. The trial court’s decision was based on two findings: first, that the father had failed to protect the child from the mother’s substance abuse during pregnancy, and second, that the father’s own drug use presented a significant risk of immediate harm or neglect to the child. The father contested these findings, leading to the appeal.

Evidence Supporting a Dependency Adjudication

 On appeal, the court focused on the legal sufficiency of the evidence supporting the dependency adjudication. The court emphasized that a final dependency ruling is a mixed question of law and fact, which will be upheld on review if the correct law was applied and if the ruling is supported by competent substantial evidence. Further, the court noted that DCF bore the burden of proving dependency by a preponderance of the evidence, specifically showing that the child had been abused, abandoned, or neglected or was at substantial risk of imminent harm. Continue reading ›

Published on: | by

In many Florida divorce actions, one party will seek alimony from the other. In determining whether to grant alimony requests, among other things, the courts will evaluate both parties’ income. Additionally, if one party is not employed, the courts may impute income to them. Regardless of whether a court assessment relies on an actual or imputed income, however, it must consider the net, rather than gross, amount, as discussed in a recent Florida case. If you have questions about how you can protect your financial health while dissolving your marriage, it is smart to meet with a Miami divorce lawyer at your earliest convenience.

History of the Case

It is alleged that the husband and the wife were married for 14 years before the wife initiated a divorce action. During the divorce proceedings, both parties presented evidence and testimony, including input from their accountants and a vocational expert who assessed the wife’s employability. The trial court determined that the husband had a monthly net income of $21,000 and the ability to pay alimony, while the wife’s monthly financial needs amounted to $10,319. The court imputed an annual gross income of $60,000 to the wife, noting her lack of effort to seek employment, along with an additional $2,756 in monthly investment income.

It is reported that based on these calculations, the trial court awarded the wife durational alimony of $2,600 per month for seven years. Additionally, the wife requested attorney’s fees, arguing financial need and the husband’s ability to pay. However, the trial court denied this request, citing the wife’s engagement in litigation that was primarily intended to harass, involving non-meritorious and baseless claims. The wife appealed the trial court’s decision. Continue reading ›

Published on: | by

When determining parental rights in Florida custody cases, the court’s sole focus is what is in the child’s best interest. The Florida courts recognize, though, that circumstances can change, and if they do, it may also alter what is considered to be in a child’s best interest. In a recent Florida custody action, the court discussed evidence that warrants a modification of a parenting plan, ultimately determining that such a change was necessary. If you need assistance protecting your rights in a custody action, it is prudent to speak with a Miami child custody lawyer.

Facts and Procedure of the Case

It is alleged that the husband and wife were married and had children during their marriage.  The marriage between the parties was dissolved in 2014, and the final judgment granted primary timesharing to the wife, with the stipulation that the husband’s visitation be supervised because of his abuse of alcohol and unpredictable behavior. The judgment allowed the wife to request breathalyzer tests during the husband’s parenting time and designated five acceptable individuals to supervise the visitation.

Continue reading ›

Published on: | by

Pursuant to Florida law, with few exceptions, any assets obtained during a marriage are considered marital property, while property obtained prior to the marriage remains separate. Applying this general rule can become complicated in divorce actions in which the parties mingle separate and marital assets. As discussed in a recent Florida divorce action, when marital assets are used to pay for a non-marital asset, any appreciation in the value of the property is a marital asset as well. If you have questions with regard to your rights in a dissolution proceeding, it would benefit you to consult a Miami divorce lawyer at your earliest convenience.

History of the Case

It is alleged that the parties were married in 2005. In 2015, the wife filed for dissolution of the marriage. The husband responded with a counterpetition. The trial court issued a final judgment of dissolution, which was subsequently appealed. In the initial appeal, the court determined that the husband’s Miami property was a non-marital asset and remanded the case to determine if there was any appreciation in its value during the marriage.

Reportedly, upon remand, the trial court found that the Miami property had depreciated during the marriage and concluded that the wife was not entitled to any share of the appreciation. The wife filed a motion for rehearing, which the court denied pursuant to an order agreed upon by the parties. The wife then appealed. Continue reading ›

Published on: | by

In many marriages, one party earns the bulk of the income while the other takes care of the home. If a couple with such an arrangement decides to divorce, the lesser-earning party may be eligible for alimony. Further, if the court errs in determining the amount of alimony owed, they may be able to seek an adjustment, as discussed in a recent Florida case. If you want to learn more about how a divorce may impact your rights, it is prudent to speak with a Miami divorce lawyer as soon as possible.

Factual Setting and Procedural Background

It is alleged that the parties were married in 1986 and had three children who had all reached the age of majority prior to the end of the marriage. The wife filed for divorce in 2015, and the husband filed a counter-petition. During their marriage, the husband was the sole income earner, while the wife was a homemaker.

Reportedly, after a trial in 2019, the court entered a final judgment dissolving the marriage. The appellate court reversed this judgment in 2020, however, because of an error committed by the trial court when it rejected the wife’s request to reopen the case. On remand, additional trial proceedings were held, and a new final judgment was entered in November 2022. The wife then appealed the final judgment. Continue reading ›

by
Posted in: Divorce
Published on:
Updated:

Published on: | by

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. Continue reading ›

Published on: | by

People who decide to end their marriage have the right to determine their rights and obligations and to memorialize them in a marital settlement agreement. Any agreement entered into with regard to the division of property and debts, custody, and other family law issues must be entered into knowingly and willingly, however. As such, if a party alleges that they signed a marital agreement under duress, the court may set the agreement aside. A party making such assertions must comply with any procedural rules and file their objections in a timely manner, though, as explained in a recent Florida opinion. If you are considering seeking a divorce, it is important to understand your options, and you should confer with a Miami divorce attorney as soon as possible.

Case Background

It is reported that after twenty-eight years of marriage, the parties executed a marital settlement agreement (MSA), where the wife agreed to pay a substantial share of her income to the husband. The husband then filed for a simplified dissolution of marriage, resulting in a final judgment that ratified the MSA. Over a decade later, the wife ceased payments as outlined in the MSA, prompting the husband to seek enforcement of the judgment, along with an order of contempt and attorney fees.

Allegedly, in response, the wife sought to set aside the MSA and judgment, claiming lack of consideration, duress, unconscionability, and fraud. She invoked the analysis from a Florida prejudgment challenge case and the Florida Family Law Rules of Procedure. The trial court, following an evidentiary hearing, found that the wife had signed the MSA under duress and fear induced by the husband, relying exclusively on the case cited by the wife without addressing the timeliness of the wife’s claims. The husband appealed. Continue reading ›

by
Posted in: Divorce
Published on:
Updated: