In the following alimony case, the trial court erred by finding that the Wife did not have a need for alimony. This was a long-term marriage, and in such cases an initial presumption in favor of permanent alimony arises. The long-term duration of the parties’ marriage, coupled with the potential future needs of the Former […]
Holiday Timesharing
The holiday season is fast approaching. If you are currently in the middle of a divorce or paternity case, you may not have a holiday timesharing schedule in place yet. Holiday timesharing temporarily replaces your everyday schedule. In other words, even if you have a regular timesharing schedule that you follow, if there is not […]
What Is The Significance Of Filing A Petition For Dissolution Of Marriage As It Relates To Assets And Liabilities?
According to FS 61.075(7), the cut-off date for determining marital assets and liabilities is the date of filing, unless there is a written agreement otherwise. So, if you are concerned that your spouse may acquire debt for which you will become liable, filing the petition will establish the date where that cannot happen. All assets […]
Options To Challenge A Final Judgment: A Complex Area Of Law
Have you recently gone to trial in your case and received a final judgment? Do you not agree with the judgment? Do you want the judgment overturned? You have several options: 1) Appeal – Under the rules of appellate procedure, you have 30 days from the date the judgment was rendered (ie – the date […]
Kohl v. Kohl
In the following interspousal tort case, the Wife attempted to state a cause of action against the Husband for negligent infliction of a sexually transmitted disease, in this case HPV. The complaint is dismissed on two grounds, but the court finds that the cause of action is generally viable, although there must be allegations that […]
Williams v. Williams
In the following case, the appellate court reversed the trial court’s award of attorney’s fees without making the required findings and without considering that the Husband did not have the ability to pay. Also the trial court was reversed because it awarded the dependency deduction to the wife despite the fact that she did not […]
Does Title Matter?
When fashioning an equitable distribution plan, does it matter that assets are titled solely to one spouse or the other? The answer is: Yes and no. Think of the assets and liabilities of a marriage collectively as a pie. From the standpoint of determining what goes into the pie filling, legal title is irrelevant. Everything […]
P.E.A.C.E. In Divorce
Family law attorneys are often asked if there is an order in which the Court decides various issues in a divorce. The answer is, yes. The acronym P.E.A.C.E. sets forth the order in which the Court will determine the issues in your case. P.E.A.C.E. stands for: (P)arenting; (E)quitable Distribution; (A)limony; (C)hild Support; and(E)verything Else. Why […]
Corporations In Divorce
These days it is not unusual for a married couple to have one or more businesses that are incorporated as Corporations or Limited Liability Companies (LLC). When divorce comes up, a question should be asked “should the corporation be made a party?” If a spouse wants to have property that is owned by a corporation […]
Moral Fitness Of Parents
Florida Statute 61.13(3) sets forth 20 factors that the Court must use when determining a parenting plan and parental responsibility. One factor is F.S. 61.13(3)(f): the “moral fitness” of the parents. Different families will have different views of what is proper moral behavior and what is not. So, how does the Court determine when the […]