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…
Fort Lauderdale Divorce Lawyer Blog
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…
Florida Court Explains High Standard Applies to Set Aside Parenting Settlement Agreements
Parenting plans and timesharing arrangements can be modified when circumstances change, but challenging a signed settlement agreement requires clear evidence of unfairness or improper conduct. In a recent Florida case, the court affirmed the trial court’s denial of a request to set aside a parenting-related settlement agreement, emphasizing the high…
Missteps in Calculating Retroactive Child Support Lead to Remand in Florida Case
In Florida, courts are required to calculate child support in a manner that is fair and consistent with statutory guidelines. This includes accurately determining a parent’s income during any applicable retroactive period and ensuring that the final judgment reflects that calculation. A recent Florida case highlights what can go wrong…
Florida Court Discusses Grounds for Granting Domestic Violence Injunctions
Domestic violence cases often involve intense legal battles, with courts weighing allegations, evidence, and the need for protection. In a recent Florida decision, the court discussed the legal standards for obtaining such protective orders before upholding a final injunction against domestic violence. If you have questions about domestic violence injunction,…
Home Valuations at Issue in Florida Divorce Case
Property division in divorce cases is often a battleground, especially when significant assets like the marital home have appreciated in value. The timing of asset valuation can make a substantial difference in how property is distributed, and courts must carefully assess the appropriate date to ensure fairness. For example, in…