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...
Month: November 2014
Division of Property and Assets in Jupiter, Florida
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...
Child Custody and Visitation In North Palm Beach, Florida
In a child custody and visitation case, the trial court cannot order a timesharing plan that is materially different than the plan the parties requested. In Krift v. Obenour, the Florida Court of Appeal recently stated: "Because the rotating timesharing plan ordered...
Child Relocation In Jupiter, Florida
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...
Child Custody and Visitation in Jupiter, Florida
In a child custody and visitation proceeding, a party may request any other party to submit to an examination by a qualified expert when the condition that is the subject of the requested examination is in controversy. In Asteberg v. Russell, the Florida Court of...