Florida Court Discusses Certiorari Relief in Divorce Actions
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
3w ago
Divorce actions are often contentious, and it is not uncommon for a Florida court to issue an order in a divorce proceeding that prevents a party from taking intentional or inadvertent actions that harm the other party’s interests. If a person fails to comply with the terms of such order, they may be held in contempt of court. As discussed in a recent Florida divorce case, overturning a contempt finding can be challenging. If you want to obtain a divorce, it is wise to confer with a Miami divorce lawyer to evaluate your options. Procedural and Factual Setting It is reported that the husband an ..read more
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Appealing Final Judgments of Dissolution in Florida
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
3w ago
Many people involved in divorce proceedings in Florida cannot resolve their disputed issues without a trial. Once the trial is held and the court makes its determinations, it will issue a final order of dissolution. Parties can appeal such orders, but they must follow the procedural rules and guidelines. Otherwise, their appeals may be rejected. This was demonstrated in a recent Florida opinion in which the court denied an appeal of a final judgment of divorce due to the husband’s failure to file a copy of the trial court’s transcript. If you want to obtain a divorce, it is wise to confer with ..read more
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Court Discusses Equitable Distribution in Florida Divorce Actions
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
1M ago
In Florida, marital assets are subject to divorce actions, while non-marital assets remain the property of the spouse that owns it. Assets that become comingled, where marital and non-marital funds intermingle, can present challenges during equitable distribution. The court may need to discern the separate contributions of each spouse to determine the appropriate distribution. This was illustrated in a recent Florida divorce action, in which the husband argued that the home he bought before getting married was not a marital asset. The court ultimately disagreed that the wife had no claim to th ..read more
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Florida Court Discusses Termination of Alimony Due to a Supportive Relationship
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
2M ago
It is not uncommon in Florida divorce actions for one party to agree to pay the other alimony. Such payments may be conditional, however. For example, a support agreement may stipulate that if the party receiving alimony enters into a supportive relationship, there may be grounds for terminating alimony. The court must conduct a certain analysis, however, to determine whether a party is in a supportive relationship, as explained in a recent Florida divorce ruling. If you want to end your marriage, it is in your best interest to talk to a Miami divorce attorney about how the decision may impact ..read more
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Court Explains Classification of Property in Florida Divorces
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
2M ago
In Florida divorce actions, what constitutes marital property, and how such assets should be divided is often one of the most contested issues. Generally, separate property remains separate unless the spouse that owns the property comingles assets or otherwise takes action to commute it into marital property. As discussed in a recent Florida divorce action, absent such conduct, separate property will usually remain separate. If you need assistance protecting your rights in a divorce action, it is wise to meet with a Miami divorce attorney promptly. History of the Case It is reported that the h ..read more
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Florida Court Explains Certiorari Review in Family Law Cases
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
2M ago
In Florida family law actions, as in other proceedings, parties have the right to appeal orders they believe were issued improperly. Such right is not absolute, however, as there are certain prerequisites to filing an appeal, including the requirement that the relief sought must be attainable. This was illustrated in a recent Florida divorce action in which the court found that the husband’s petition for certiorari review was inappropriate. If you are contemplating ending your marriage, it is smart to talk to a Miami divorce attorney about your rights. Procedural and Factual Setting It is repo ..read more
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Court Discusses Alimony Modifications Under Florida Law
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
4M ago
Florida law permits the courts to grant alimony in certain divorce actions. Alimony awards are based, in part, on the party’s income, assets, and needs. As such, if a party’s financial status changes after the court issues an order granting alimony, the party may seek a modification. As discussed in a recent Florida ruling, modifications will only be granted in certain scenarios, and if a court denies a request for a modification, it does not have to set forth factual findings in support of its ruling. If you want to learn more about your rights with regard to alimony, it is smart to talk to a ..read more
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Florida Court Explains Grounds for Ordering a Party to Pay Attorneys’ Fees in Divorce Cases
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
6M ago
Generally, in family law cases, parties are required to pay their own attorneys’ fees. There are exceptions, however, where the court will order one party to pay another’s counsel. Generally, though, such orders are only issued as sanctions for vexatious litigation or when one party has a need and the other has the ability to pay. If a court orders a party to pay attorneys’ fees without conducting the necessary analysis, the order may be reversed, as demonstrated in a recent Florida ruling issued in a divorce action. If you are considering seeking a divorce, it is wise to meet with a Miami div ..read more
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Attorney Sandy T. Fox Obtains Favorable Verdict in Divorce Case
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
6M ago
Generally, people have the right to seek discovery of any evidence relevant to their claims or defenses in divorce actions. Issues can arise, however, when the information sought is private or generally protected from disclosure. In a recent legal ruling issued in favor of the wife, a Florida court addressed the question of how to balance an individual’s privacy rights with the need for pertinent medical information in divorce proceedings. Attorney Sandy T. Fox, who represented the wife, successfully demonstrated that the husband waived his right to privacy by placing his health at issue. If y ..read more
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Court Examines Equitable Distribution in Florida Divorce Actions
Fort Lauderdale Divorce Lawyer Blog
by Sandy T. Fox
7M ago
Florida is an equitable distribution state, which means that, for the most part, any assets acquired during a marriage are considered the property of both parties. Further, such property is subject to division by the courts in the event a couple decides to divorce. The courts do not have to divide marital property equally, however, but can disburse them in a manner they deem fair. Recently, a Florida court examined the process of fashioning an equitable distribution in a case in which the husband appealed the trial court’s ruling. If you are interested in learning more about how the decision t ..read more
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