Divorce proceedings in Florida often involve the division of businesses. Courts typically effectuate the division of property and assets in a Florida divorce in such a manner as to allow the operating spouse to retain his or her ownership in the business. Florida Courts will not require spouses to remain…
In Florida, pets are considered to be personal property. In the event that a pet was owned by one of the parties prior to the marriage, that party will be entitled to keep the pet. In the event that the pet was acquired by the parties during the course of…
Where parties jointly decide that one parent should stay at home to raise and care for their children, Florida courts give great deference to this decision and ordinarily do not impute income to the stay-at-home parent in awarding alimony. In a case captioned Wilkins v. Wilkins, the Former Wife appealed…
A divorce decree from a foreign country will be enforced by a Florida Court when: (i) the parties were given sufficient notice and an opportunity to be heard at the divorce hearing, (ii) the foreign court had jurisdiction, and (iii) the divorce decree does not offend the public policy of…
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 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…
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…
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,…
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…