Skilled Family Law Counsel

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 wife’s motion for civil contempt.Continue reading “Divorce In North Palm Beach, FL; Child Support”

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 entering a final judgment untilContinue reading “Divorce in Boynton Beach, Florida”

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 witnesses on the party’s behalf… andContinue reading “Divorce in North Palm Beach, Florida”

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 Appeal recently stated: “Venue transfer orders areContinue reading “Divorce In North Palm Beach, Florida”

Modification of Out of State Order in Divorce Proceedings in Palm Beach County, FL In a divorce proceeding seeking the modification of an out of state court order, a court may modify a child support order that was issued in another state under certain specific circumstance. In Arquette v. Rutter, the Florida Court of Appeal recentlyContinue reading “Divorce in North Palm Beach, Florida”

In a divorce case, captioned Brooks v. Brooks, the Father appealed the lower court’s ruling denying his motion for contempt and ordered him to file a petition to relocate. The Florida Court of Appeal affirmed the trial court’s ruling and explained why. A time-sharing plan was entered by the Court when the parties were divorced in 2011.Continue reading “Divorce in Jupiter, Florida”

To obtain a divorce in Florida, either the Husband or the Wife must reside in Florida for six (6) months prior to the filing of the Petition for Dissolution of Marriage. A court does not have jurisdiction to decide a divorce case unless jurisdiction is appropriately allege in the Petition for Dissolution and proved atContinue reading “Residency Requirements to Obtain a Divorce in Florida”

In a recently decided divorce case, the Florida Court of Appeal decided who gets to keep the family home when there is a divorce. In a case captioned Walker v. Walker, the Florida Court of Appeal stated that as a general rule, absent special circumstances, the trial court should award to the primary residential parent exclusive useContinue reading “Keeping the Family Home in a Divorce in Palm Beach Gardens, FL”