Articles Posted in Divorce

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 raise issues in a rehearing can lead to the summary affirmance of a trial court’s judgment. If you are involved in a divorce and considering an appeal, it is critical to work with a Miami family law attorney who understands the importance of procedural preservation.

Facts and Procedure of the Case

It is reported that the former husband appealed a final judgment of dissolution of marriage, asserting five alleged errors committed by the trial court. His claims included the award of durational alimony to the former wife, the inclusion of certain expenses in the alimony calculation, the equitable distribution of a Chase Savings Account, the failure to credit him with two years of rent-free residence by the former wife, and the rejection of a purported marital agreement.

Lack of Preserved Error in Divorce Actions

It is alleged that the court reviewed the former husband’s claims in light of his failure to provide a transcript of the proceedings. Four of the five issues depended on the trial court’s factual determinations, credibility assessments, or evidentiary rulings. The court emphasized that it could not reverse decisions based on factual determinations without a transcript or an appropriate alternative. Citing established precedent, the court reiterated that appellants bear the burden of providing an adequate record. Without a trial transcript or a legally acceptable substitute, the appellate court found it could not meaningfully assess these claims. Continue reading ›

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 decision emphasizes the importance of preserving issues for appellate review, particularly when appealing findings related to alimony and equitable distribution. If you are navigating a contested divorce, it is essential to work with a Miami family law attorney who can take the steps necessary to protect your interests.

History of the Case

It is reported that the former husband filed an appeal from a final judgment of dissolution of marriage entered by the Miami-Dade Circuit Court. He alleged several errors, including the trial court’s award of durational alimony to the former wife, the inclusion of certain expenses in the alimony calculation, the division of funds in a Chase savings account, the denial of credit for the former wife’s use of the marital home, and the court’s determination that no enforceable marriage agreement existed between the parties.

It is alleged that the former husband specifically claimed that the former wife failed to request durational alimony in her petition. He further argued that the trial court erred in using expenses that would no longer exist after the divorce when calculating the wife’s need for support. Additionally, he challenged the distribution of the Chase savings account, asserting that he was entitled to a greater share. The former husband also contended that the former wife’s two years of rent-free residence in the marital home should have been credited against future alimony obligations. Finally, he asserted that the trial court improperly rejected the existence of a marital agreement. Continue reading ›

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 limitations on trial courts when parties have delegated decision-making authority to a private judge. If you intend to end your marriage, it is important to understand your rights, and you should talk to a Miami divorce attorney at your earliest convenience.

Factual Background and Procedural History

It is reported that during their divorce, the parties entered into a written agreement stipulating that all litigation between them would be presided over by a private judge. The agreement was incorporated into the divorce decree and later reaffirmed. After the former husband passed away, disputes arose between the former wife and the estate of the former husband, particularly regarding entitlement to attorney’s fees.

It is further reported that the parties continued to submit matters to the private judge, including an earlier decision on entitlement to fees. However, the trial court later ruled that it, not the private judge, had jurisdiction to determine the amount of fees owed. The former wife objected and filed a petition seeking to prohibit the trial court from asserting jurisdiction over issues delegated to the private judge. The trial court denied the motion for reconsideration concerning its ruling on jurisdiction, prompting the former wife to seek relief from the court. Continue reading ›

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 the court discussed the evidentiary burden a party must meet to justify annulment and the deference courts give to established marital contracts. If you want to end your marriage, it is important to understand your options, and you should consult a Miami family law attorney as soon as possible.

Factual History and Procedural Background

It is reported that the husband sought an annulment of his marriage on the grounds that the marriage was never consummated and that the wife allegedly married him solely for immigration purposes. The husband further claimed the wife committed fraud by entering into the marriage without the intent to maintain a true marital relationship.

Allegedly, the trial court held a hearing and reviewed the testimony and evidence presented by both parties, after which the court found that the husband’s assertions were contradicted by the record. Reportedly, there was substantial evidence that the parties had, in fact, consummated the marriage and that the wife had not entered into the marriage solely to secure immigration benefits The husband challenged the trial court’s denial of his petition for annulment, asserting that the marriage was voidable due to fraud and should not be treated as a valid legal union. Continue reading ›

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 a recent Florida decision, the court ruled that a trial court erred by valuing the marital home at the time of trial rather than at the date of the parties’ separation. If you are going through a divorce involving property division, you should speak to an experienced Florida family law attorney about how you can protect your financial interests.

Factual Setting and Procedural Background

It is reported that the parties were married in 2000 and later separated in 2015. The trial court found that both parties had contributed to the marital home’s purchase and initial improvements, but after the separation, the husband remained in the home while the wife ceased contributing to mortgage payments, repairs, or maintenance costs. Despite this, the trial court determined that the home’s value should be assessed as of the trial date rather than the separation date, citing passive appreciation.

The husband moved for rehearing, arguing that the valuation should be based on the separation date since he had maintained the property for years alone without financial support from the wife. He further contended that the trial court improperly considered the wife’s earlier financial contributions, as they occurred before the separation. The trial court denied the motion, leading the husband to appeal. Continue reading ›

In Florida, the rules of procedure grant parties the broad discretion to withdraw their cases, including dissolution proceedings. A recent Florida decision reaffirmed this principle, holding that a spouse who voluntarily dismisses a petition for dissolution of marriage retains the right to do so, provided there are no pending counterclaims. If you are involved in a dissolution proceeding, it is important to understand your rights and obligations under Florida law and you should consult an experienced Miami divorce attorney as soon as possible.

History of the Case

It is reported that the wife filed a petition for dissolution of marriage, seeking both the termination of the marital relationship and equal timesharing with the couple’s two minor children. She also submitted a suggested marital settlement agreement, providing equitable distribution and reflecting her requested timesharing arrangement.

Reportedly, the husband responded by filing an answer, waiver, and a request for a copy of the final judgment of dissolution of marriage. Shortly thereafter, the wife voluntarily dismissed her petition for dissolution. The husband objected to the dismissal, asserting that he had already complied with the monetary terms established in the suggested marital settlement agreement in expectation of a final judgment. He subsequently amended his objection to include additional factual allegations and filed a motion for default against the wife. Continue reading ›