Category Archives: Family
Wife Appeals Denial Of Bridge-The-Gap Alimony In Florida Divorce Case
In the case of Bell v. Bell, the husband and wife were married in 1997. The wife filed a petition for the dissolution of the marriage ten years later. The former wife appealed the final judgment of the dissolution of the marriage and the denial of her motion for rehearing. On appeal, she raised… Read More »
Husband Seeks Review Of Final Order Granting Legal Fees In Appeal
In the case of Viscito v. Viscito, the husband, Charles Viscito, sought a review of a trial court order and judgment that awarded appellate attorney’s fees and costs to his former wife, Barbara Viscito. The husband hoped not to have to pay for his wife’s attorney’s fees and asked the appeals court to review… Read More »
Mother Appeals Relocation Order Filed By Father
In the case of Mignott v. Mignott, the mother appealed a supplemental final judgment for the dissolution of marriage that incorporated and relied on an order granting a petition of the child’s father to relocate from Florida to Missouri. According to the appeals decision, the trial court failed to make the requisite statutory findings… Read More »
Former Husband Appeals Marital Settlement Including Award For Permanent Alimony
Florida has recently changed the rules regarding permanent alimony. Beforehand, it was not necessarily common for the courts to issue an award of permanent alimony, but it did happen. New Florida laws have done away with permanent alimony in favor of durational alimony. Durational alimony can be periodically renewed if the court finds good… Read More »
Husband Argues Trial Court Abused Its Discretion When Unequally Dividing Mortgage Debt
Florida is an equitable distribution state. That means assets and liabilities (debts) are divided according to what is fair and equitable and not (necessarily) evenly. In community property states, assets and debts are divided evenly regardless of what is fair or equitable. In many cases, the Florida courts will award more of the marital… Read More »
Antenuptial Agreement Leaves Wife Destitute In Florida Divorce Case
Before you sign any agreement related to a divorce, you should have that agreement analyzed by a lawyer. The results of failing to do so can leave you holding the short end of the stick. In one Florida divorce case, Waton v. Waton, the wife signed an antenuptial agreement waiving her right to receive… Read More »
Father’s Motion To Appeal Final Judgment Of Paternity Dismissed On The Grounds That He Failed To File The Appeal In A Timely Manner
In the case of Diasolwa v. Burneikis, the father filed an appeal from an Amended Final Judgment of Paternity. The mother, in this case, filed a motion to dismiss for lack of jurisdiction on the basis that the father did not file his appeal in time. At play in this litigation is whether or… Read More »
Father Appeals Disestablishment Of Paternity After DNA Test Proves He Is Not The Father
In the case of Castillo v. Rodriguez, you have a contested petition for paternity. The parents were involved in an on-again-off-again relationship. During this relationship, a child was born. The purported father of the child, Castillo, was initially established as the father’s child. However, the mother, Rodriguez, petitioned the trial court to disestablish paternity… Read More »
Husband’s Gambling Problem Cited As Reason To Reduce Equitable Distribution Award
In the majority of cases, Florida courts will split the marital estate in half and distribute half its value to both parties to a divorce. In one 2017 case, Viscito v. Viscito, the husband was awarded only 50% of the passive, market-driven appreciation of a shared condominium. The former wife retained title to the… Read More »
Husband Appeals Equitable Distribution Award After Being Accused Of Dissipating Marital Assets
In the case of Corrales v. Corrales, the husband, Mr. Corrales, appealed the amended final decree for the dissolution of the marriage. In this case, the husband and wife had been married for nearly 30 years before pursuing a divorce. Immediately following their marriage, the couple moved into a home in Westchester, FL owned… Read More »
