In Florida divorce proceedings, parties must follow procedural rules to ensure their right to appellate review. Without an adequate record, appellate courts are constrained in their ability to review the lower court’s findings. A recent Florida divorce case illustrates how the absence of a trial transcript and the failure to…
Fort Lauderdale Divorce Lawyer Blog
Florida Court Discusses Procedure for Modifying Parental Rights
In Florida, courts strive to safeguard the best interests of children in custody proceedings. However, those efforts must not violate the fundamental rights of parents. In a recent Florida custody case, a trial court’s attempt to address a dispute over a child’s school enrollment resulted in a significant modification to…
Florida Court Explains Factors Considered in Equitable Distribution
In Florida, the equitable distribution of marital property must reflect fairness and be grounded in the evidence presented at trial. While courts may deviate from a 50/50 split when justified, the rationale must be based on statutory factors and competent proof. A recent Florida ruling highlights how both the allocation…
Florida Court Addresses Status of Caregivers in Dependency Proceedings
In Florida’s child welfare system, the rights of caregivers to participate in dependency proceedings are governed by specific statutory provisions. When a caregiver seeks to oppose a change in a child’s placement, they must meet statutory criteria to obtain party status. This was demonstrated in a recent Florida decision in…
Florida Court Discusses Evidence Supporting Equitable Distribution
In Florida divorce proceedings, courts are charged with distributing marital assets equitably and ensuring that each party receives fair treatment under the law. However, unequal distribution of assets, particularly when it is based on the destruction of nonmarital property, requires a clear factual basis. A recent Florida ruling demonstrates that…
Florida Court Discusses Procedure for Appeals in Family Law Cases
When a party to a divorce seeks to challenge a final judgment on appeal, they must provide the court with a sufficient record to support their claims. Without a transcript of the trial or a properly preserved objection, courts are generally required to affirm the lower court’s ruling. A recent…
Florida Court Reverses Stalking Injunction Due to Lack of Evidence
Injunctions for protection against stalking are powerful legal tools intended to shield individuals from harassment and fear. However, the courts must ensure that such relief is granted only when the evidence meets the high legal threshold set forth in Florida law. A recent decision from a Florida court highlights this…
Florida Court Strikes Down Permanent Alimony Award in Light of Statutory Changes
The legal landscape surrounding spousal support in Florida has undergone a significant transformation following the legislature’s 2023 decision to eliminate permanent alimony. A recent Florida divorce case demonstrates how courts must now reconsider alimony determinations when final judgments are pending on appeal after July 1, 2023. For anyone involved in…
Florida Court Upholds Jurisdiction of Private Judge in Post-Divorce Fee Dispute
Florida law allows parties to agree that a private judge may resolve their disputes in lieu of a traditional courtroom setting. When properly authorized, private judges have the same authority as trial judges to make binding rulings. A recent Florida case reinforces the legal enforceability of such agreements and the…
Florida Court Denies Annulment Petition, Finds No Evidence of Fraud or Lack of Consummation
In Florida, annulments are granted under narrow circumstances and require proof of a legal defect in the marriage. Simply regretting a marital decision or believing that a spouse entered the union under false pretenses does not meet the legal standard. This was illustrated in a recent Florida case in which…