A well-worn catch-phrase opines that “timing is everything.” In the law, timing isn’t necessarily everything, but sometimes it can be the only thing that matters. Failing to follow precisely the rules of procedure and the time limits they impose upon you can have dire consequences. A South Florida case involving a…
Fort Lauderdale Divorce Lawyer Blog
What it Takes to Obtain an Injunction Against Repeat Violence Under Florida Law
A South Florida wife and her husband’s alleged lover had a contentious and sometimes violent relationship with each other. That hostile relationship led each woman to seek and obtain injunctions against repeat violence against the other. The wife, however, got the injunction against her thrown out on appeal. The problem with…
Florida Ex-Wife, as an Alimony Creditor, Was Allowed to Pursue Ex-Husband’s Insurance Assets, Homestead Property if Fraud Was Involved
An ex-wife secured an important victory in the Fourth District Court of Appeal, with that court ruling that she could pursue the ex-husband’s insurance assets and homestead property if she could establish that the ex-husband engaged in fraud. The ruling was a significant one in that it rejected the notion…
Equalizing Payments, Marital Home Quit Claim Deeds, Equitable Distribution, and Your Florida Divorce Case
In divorce cases in which issues related to minor children do not play a role, the biggest issue facing many spouses is that of the division of assets. For many of those couples, the largest single asset with which they must deal is the marital home. Frequently, one spouse will receive…
The Impact of the Depletion or Diminution of Assets on Your Equitable Distribution in Florida
In a divorce case in which equitable distribution is an issue, there are many details that can substantially alter the result in your case. For example, the decision regarding which date to use for assessing the value of an asset can make thousands of dollars of difference, as was demonstrated in a…
Unmarried Same-Sex Partners and Oral Cohabitation Agreements: What Florida Law Allows
Marriage equality for same-sex couples has existed in Florida for two years, ever since the U.S. Supreme Court’s Obergefell v. Hodges decision. The first state to recognize same-sex marriage was Massachusetts, and it did so just over a decade ago. Same-sex couples in committed relationships have existed for much longer…
Florida Appeals Court Imputes Income, Assigns Child Support Obligation to Incarcerated Father
In the latest chapter of what has become an expanding issue for Florida’s appellate courts, another district court has weighed in upon whether or not trial courts should impose child support obligations upon parents who are in prison. In this most recent case, the Fifth District Court of Appeal ruled…
‘How Bow Dah?’: What a Custody Battle over a Teenage Internet Sensation Teaches All Parents in Florida
It started as a typical daytime TV installment of “exasperated single parent and out-of-control teen” on a September 2016 episode of the “Dr. Phil” show. Then, with one heavily accented taunt, a South Florida teen launched countless internet memes and became a social media star. Now, the girl’s father, who…
The Importance of Negotiating a Favorable Florida Marital Settlement Agreement
Divorces can often be stressful times for the spouses involved. The pain and stress, in some circumstances, may motivate some divorcing spouses to try to achieve as swift a resolution to the case as possible. While that can be an understandable motivation, it is important not to agree to just…
Florida Appeals Court Revives Wife’s Alimony Case After Filing Problems Triggered Unfavorable Trial Court Ruling
Sometimes, there can be varying degrees of success in a court case. In certain situations, you may win a ruling that gives you your “day in court,” but that may not necessarily mean that the path you took to get to that point was the best one. In a recent…