Articles Posted in Divorce

Typically, one of the biggest points of contention in divorce matters is what constitutes marital property and how such property should be divided. While courts have the discretion to divide assets in a fair and equitable manner, they must engage in certain steps prior to doing so; otherwise, their judgments may be subject to reversal. This was demonstrated in a recent Florida ruling, in a divorce case in which the appellate court reversed the trial’s final ruling with regard to equitable distribution due to the court’s failure to make specific findings of fact regarding the assets. If you are in contemplating ending your marriage, it is advisable to consult a skillful Florida divorce attorney to assist you in seeking a fair dissolution.

Facts of the Case

It is reported that the husband and the wife decided to end their marriage, and the wife filed for divorce. The couple had substantial assets, and the proceeding regarding the dissolution of the marriage lasted eight days. At the end of the trial, the court dissolved the marriage and developed an equitable distribution scheme, but failed to identify, value, and distribute the bulk of the parties’ liabilities and assets. The husband appealed.

Requirements in Fashioning an Equitable Distribution

Under Florida law, a court developing an equitable resolution of marital assets must make specific factual findings identifying the parties’ assets and liabilities and their classification and value. A final judgment issued absent such findings must be reversed. Thus, the court reversed the trial court judgment with regard to equitable distribution. Continue reading ›

Typically, when people decide to end their marriage, the court will be tasked with resolving issues such as the division of property and whether either party is entitled to alimony or child support. If the court rules incorrectly or relies upon inaccurate evidence, though, either party can appeal the court’s findings. The grounds for seeking and obtaining a reversal of a trial court ruling in a divorce action was the topic of a recent opinion in a Florida matter. If you wish to end your marriage, it is advisable to meet with a knowledgeable Florida divorce attorney to discuss your rights.

The Trial Court’s Ruling

Allegedly, the parties sought to end their marriage via divorce. After the court issued a final judgment dissolving the marriage, the husband appealed, and the wife cross-appealed. Specifically, the husband took issue with the equitable distribution, among other things, and the wife objected to the child support award. Upon review, the court reversed the trial court ruling and remanded the matter for further proceedings.

Reversal of Orders in Divorce Matters

Initially, the husband challenged the equitable distribution issued by the trial court. The appellate court explained that a trial court’s distribution of marital liabilities and assets is assessed under the abuse of discretion standard. Further, the final division of marital assets has to be supported by factual findings that are based on substantial competent evidence.

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Divorce cases are often contentious, with a primary source of disagreement, usually being how assets and liabilities should be divided. While typically, court intervention is required to resolve such matters, couples are free to come to an agreement independently. In many instances, such agreements will be developed during the course of proceedings and will be presented to the court for approval before they have been reduced to writing. Oral agreements may be enforced but only under certain circumstances, as illustrated in a recent Florida ruling. If you are considering filing for divorce, it is in your best interest to speak to a capable Florida divorce attorney to determine what actions you can take to protect your interests.

The Divorce Proceedings

It is reported that the husband and the wife were engaged in divorce proceedings. The wife filed a motion for temporary relief, and during the hearing on the matter, her attorney requested a brief recess, indicating that the parties had been discussing the possibility of entering into a global settlement agreement. Approximately one hour later, the parties returned and indicated a settlement had been reached.

Allegedly, a few of the terms of the agreement were read into the record while other issues were negotiated before the court. The court spoke to each party independently, asking if they agreed to the terms of the settlement as discussed and whether their agreement was voluntary. The wife later filed a motion to enforce the oral settlement agreement, while the husband filed a motion to set it aside. The court granted the wife’s motion and denied the husband’s, after which the husband appealed.

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While many people think of women as being the primary caretakers for children, it is not uncommon for a married couple to agree that the husband should remain at home to care for the couple’s children while the wife earns an income. As such, if a marriage in which the husband doesn’t work ends, the husband may seek alimony from the wife. In a recent Florida divorce case, the court discussed when alimony is appropriate and what factors should be considered in determining whether it should be granted. If you or your spouse intend to file for a divorce, it is prudent to meet with a trusted Florida family law attorney to determine how the dissolution of your marriage may impact you financially.

Factual and Procedural History

It is alleged that the husband and the wife married in 2006, after which they had two children. The couple agreed that the husband would stay at home to care for the children, and he did not work from 2011 to 2017. When he returned to the workforce, he got a job in retail, earning approximately $1,400.00 per month. The wife worked as an auditor, earning about $9,000.00 a month, and received annual payments from a family trust fund.

Reportedly, in 2017, the wife filed a petition for divorce, and the husband filed a counter-petition in which he sought alimony. In the final judgment issued in 2018, the court granted the husband $2,000.00 per month in alimony for sixty months and directed the wife to pay child support to the husband. The wife appealed, arguing that the trial court committed an error in awarding the husband durational alimony.

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It is not uncommon in divorce actions for the parties to develop a marital settlement agreement, which is essentially a contract that sets forth their rights and obligations, or for the court to incorporate the agreement into the final judgment that dissolves the marriage. If a party refuses to comply with the terms of a marital settlement agreement, however, a dispute may arise as to whether an action to enforce the agreement is subject to the statute of limitations that applies to contracts or the one that applies to judgments. Recently, a Florida court addressed this issue in a case in which the wife waited almost twenty years to file a motion to enforce a divorce judgment. If your spouse refuses to comply with the terms of your marital settlement agreement, it is advisable to contact a seasoned Florida family law attorney to assess your rights and your options for seeking enforcement.

Factual Background

It is alleged that the husband and the wife entered into a marital settlement agreement in 1997. The agreement divided their marital property, business assets, and debts, and dictated that the husband was to pay the wife close to half a million dollars, either in a lump sum or in five principal payments, plus interest, which were due each year beginning in 2001. The agreement was incorporated into the final judgment dissolving the marriage, which was issued in April 1997.

It is reported that the husband failed to make any payments as required under the agreement, however. Then, in 2017, one day shy of the twentieth anniversary of the entry of the divorce judgment, the wife filed a motion to enforce the judgment. The court granted the motion and ordered the husband to pay close to one million dollars to the wife based on the amount of principal payments plus accrued interest. The husband appealed, arguing that the wife’s motion was barred by the statute of limitations.

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Litigating a family law case in the proper jurisdiction is essential to protecting the rights of all involved. In divorce cases in which a couple has resided in more than one jurisdiction throughout the course of their marriage, the issue of what state or country possesses the authority to rule over the proceedings may be hotly contested. Recently, a Florida court discussed the process of determining where jurisdiction over a divorce matter lies, in a case in which divorce proceedings were filed in both Spain and Florida. If you or your spouse seek to end your marriage, it is prudent to speak to a dedicated Florida family law attorney to discuss what steps you can take to safeguard your interests.

Factual and Procedural History

It is reported that the husband and wife, both of whom are citizens of Spain, were married in Spain in 2008. They had two children, after which they moved to Southern Florida. The couple was charged with crimes involving a bank in Luxembourg, after which they became involved in a disagreement over a contract the husband asked the wife to sign. The wife then took the children to another Florida city, after which the husband filed an emergency petition to retrieve the children and a divorce petition.

Allegedly, the husband then filed a second divorce petition in Spain. He subsequently dismissed the Florida petition, which prompted the wife to file her own divorce petition in Florida. The husband served the wife with the Spanish divorce petition and then filed a motion to stay the Florida action. The wife had not yet served the husband with her divorce petition. The trial court granted the husband’s motion, finding that Spain had jurisdiction over the matter, after which the wife appealed.

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During or after the divorce process, you may be given court orders. It’s important that you comply with these orders as soon as possible. Otherwise, you could be held in contempt of court.

Whether you have been held in contempt or need help with filing a contempt citation, you can trust our divorce attorneys for sound legal advice.

Here’s what contempt of court means during or after getting a divorce.

There’s no rulebook for going through a divorce, but many people make more mistakes throughout the process than they have to. When you’re going through a messy situation with your ex-spouse, the last thing you should be doing is navigating it all on your own.

Our divorce law attorneys can help you reach the settlement you deserve while maintaining your sanity. Here are 3 divorce law mistakes that you can avoid by hiring a divorce lawyer.

Avoiding Divorce Mistakes

Fort Myers, FL Divorce AttorneysNot every divorce needs to be settled in court. If you want to avoid public court proceedings, divorce mediation might be right for you. A mediator is a third party that can help you come to an agreement with your ex-partner without resorting to messy court proceedings.

Please contact our law office today with any additional questions. Here are a few reasons our divorce attorneys recommend divorce mediation.

Understanding Divorce Mediation

5 Financial Benefits of Filing for Divorce First Attorneys Fort Myers, Florida
Don’t know how to file for divorce? While there are many advantages to filing for divorce first, only an experienced divorce attorney will be able to tell you what’s best for your unique situation.

Our experienced attorneys are here to help you through this process. Contact us today with any questions you may have. Continue reading to learn the 5 benefits of filing for divorce first and what you can expect from the divorce process.

BENEFITS OF FILING FOR DIVORCE FIRST

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