You may recall the decision from last year that reversed an order by Judge Elisabeth Adams which, among other things, restricted the mother from speaking Spanish to the child. In that appellate case the mother had prevailed on 7 of the 8 issues that she appealed. When she sought to tax appellate costs on remand, […]
Tag: Attorney’s fees
Lopez v. Department of Revenue
Lopez v Department of Revenue Lopez vs. DOR involves a situation where section 57.105 attorney’s fees and costs are awarded as a sanction against the Department of Revenue in a misidentified paternity case. The case has a very wild factual scenario, which I commend everyone to read in its entirety. The bottom line is that […]
How To Employ Your Family Law Attorney Effectively In a Divorce Case
Going through a divorce is likely to be one of the most stressful times in your life. No matter how long you have been married, a divorce results in an upheaval of almost every aspect of your life. Because your attorney is your advocate and has been hired to fight to protect your rights during […]
Kemp v. Kemp
In Kemp v. Kemp, the trial court ordered an interim partial equitable distribution in the absence of a motion requesting such a distribution, and in the absence of any indication that such distribution could be revisited at a later date. This was error. The only thing requested was temporary attorney’s fees, which was denied. The […]
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 […]
Attorney’s Fees Related To Unnecessary or Bad Faith Litigation
Generally, the purpose of an attorney’s fee award in dissolution of marriage cases is to ensure that both parties have similar access to counsel and can thus fight the action on nearly equal footing. Thus, in a case where one party is in a far superior financial position, that party may be ordered to pay […]
Attorney’s Fee Provision In Marital Settlement Agreement
If you are involved in a divorce case and settle your case at mediation or at some point in the proceedings before trial, you should consider having a “prevailing party” attorney’s fee provision inserted into your marital settlement agreement. Such a provision provides that if either party has to file an action to enforce the […]