Ecuador Woman Looks to Florida Court for Help with Divorce
This summer the Third District Court of Appeal heard a case arising from a dissolution of marriage action where both Husband and Wife were citizens of Ecuador. They were married in 1991 on a business trip to Miami. They returned to Ecuador and throughout their marriage lived and worked in Ecuador. In 2013, the Husband… Read more
Does a Father in Prison Have Rights in Divorce?
An incarcerated husband recently appealed his final divorce judgment on the grounds that the trial court erred in denying his motion for rehearing. He claimed that he was prevented by prison officials from appearing telephonically at the final hearing, and that the trial court abused its discretion by denying his motions to stay the dissolution… Read more
Is Relocation Not in the Best Interests of the Children if Ex-Spouse Promises to Change His Poor Behavior?
A husband and wife were married for 12 years and had two minor children. A major issue in the divorce was the wife’s request to move back to Virginia with their children. The husband opposed the move. The couple had lived in Virginia for 15 years prior to moving to Florida in 2012. They were… Read more
How Does Alimony Work with a Prenuptial Agreement?
A contentious and drawn-out divorce case has been travelling through Florida courts for several years. The most recent issue in this case deals with characterization of payments as alimony or salary in a prenuptial agreement that includes a waiver of alimony. The parties in the case waived their right to alimony in a properly signed… Read more
How Do Alimony and Child Support Work When a Spouse is Underemployed or Unemployed?
Florida courts have typically held that voluntary unemployment or underemployment of a spouse or parent will be considered when determining whether to impute (or to assign) income for awarding child support or alimony. If an ex-spouse has the ability to contribute to support, he or she must try to do so. Florida law says that… Read more