In a divorce action, in determining venue, the trial court is to look to the single county where the intact marriage was last evidenced by a continuing union of partners who intended to stay and to remain married indefinitely if not permanently. In McGee v. McGee the Florida Court of…
In a divorce proceeding, due process requires that the parties be given sufficient time to call witnesses and to be heard. In Julia v. Julia, the Florida Court of Appeal recently stated: “Due process requires that a party be given the opportunity to be heard and to testify and call…
In a divorce proceeding in which one of the parties seeks to set aside a marital settlement agreement, the trial court should either permit the contesting party to present argument and evidence concerning the adoption of the marital settlement agreement during the final hearing, or alternatively, the court should defer…
In cases involving the division of property and assets, the Court will identify and value all marital assets. Debts to cover nonmarital expenses should not be classified and allocated as marital debts. “Section 61.075(3), Florida Statutes (2012), requires the trial court to identify and value all marital assets and liabilities.…
The child relocation statute does not apply when the parent has relocated prior to the date of the filing of the dissolution petition. In Rolison v. Rolison the Florida Court of Appeal recently stated: “Appellant (the Father) appeals a non-final order denying his emergency verified motion to compel Appellee (the…
In a divorce proceeding involving the nonpayment of child support, the initial judicial determination creates a rebuttable presumption that there is an ability to pay. In Fuller v. Fuller, the Florida Court of Appeal recently stated: “Jeffrey Fuller, the former husband, appeals an amended order on Nancy Dubay, the former…
In a child custody and visitation proceeding, where time-sharing is ordered, the non-custodial parent’s right to the child on rotating holidays has become so routine and necessary that to deny it requires factual findings justifying that decision. In Mills v. Johnson, the Florida Court of Appeal stated: “Furthermore, the trial…
In a paternity case and in a marital case, a temporary domestic violence injunction may be extended during a continuance of a hearing, however, the statute does not provide for the issuance of a series of temporary injunctions. In Prior v. Prior, the Florida Court of Appeal recently stated: “Amanda…
In a paternity case and in a child support matter, a contempt of court order must contain findings that: (i) a prior order was entered, (ii) the payor failed to pay part or all of the support ordered, (iii) the contemnor had the present ability to pay support, and (iv)…
In a child custody and visitation proceeding under the Hague Convention, the right of access is the right to spend time-sharing with the child for a limited period of time in a place other than a child’s usual residence. The remedy for a violation of this right is not to…