Navigating the complexities of family law often requires a keen understanding of both legal procedures and equitable considerations. In this post, we’ll examine recent Florida court rulings that highlight important legal principles in family law, including equitable distribution, alimony, and procedural safeguards.
Equitable Distribution and Alimony: Deasy v. Deasy
In Deasy v. Deasy, the Fourth District Court of Appeal emphasized the importance of specific written findings in divorce cases:
- Equitable Distribution Errors: The trial court failed to identify and value marital assets and liabilities properly. For example:
- A vehicle sold below market value was not addressed as waste of a marital asset.
- Back taxes owed to the IRS were correctly deemed a marital liability, despite the wife’s claim that her signature on the tax returns was forged.
- Alimony Missteps: The alimony awarded lacked findings on the wife’s reasonable monthly expenses or potential income from her financial assets.
Takeaway: Courts must provide detailed findings in property distribution and alimony awards. Parties should ensure the record is clear to avoid costly appeals.
Procedural Missteps: Reed v. Reed
This case underscores the importance of proper procedural adherence in dissolution cases:
- Dismissal Reversed: The trial court dismissed a divorce petition for lack of prosecution. However, the appellate court found this improper because several pleadings were filed within 60 days of the notice of lack of prosecution.
- Key Point: It was irrelevant that the respondent, not the petitioner, filed the pleadings; activity in the case kept it active.
Takeaway: Activity on the record, regardless of the filing party, can prevent dismissal for lack of prosecution. This protects parties from unnecessary delays.
Legal Principles Beyond Family Law
While not directly related to family law, two additional cases provide valuable insights:
- Failure to Pay Rent on Time: 5051 Nw. 37 Ave. Corp. v. IES Sales & Serv., LLC
A commercial eviction case emphasized strict adherence to statutory deadlines. The trial court lacked discretion to extend payment deadlines for tenants once they failed to meet court-ordered deadlines.
Lesson for Family Law: Procedural deadlines matter. Always meet deadlines to avoid losing critical rights in your case. - Attorney’s Fees and Sanctions: S. Wild Olive, LLC v. Total Maint. Servs., LLC
The court ruled that a party knowingly pursuing a claim unsupported by the law must pay attorney’s fees under Section 57.105(1).
Lesson for Family Law: Baseless claims or defenses in family law can result in financial penalties. Work with experienced counsel to ensure all arguments are grounded in law and fact.
Why Choose Fell Law Group?
At Fell Law Group, we understand that divorce and family law cases are as emotional as they are complex. Our commitment to detailed preparation and strategic advocacy ensures your rights and assets are protected.
Fell out of love? Call Fell Law Group! We’ll help pick you back up.
Contact us today for a consultation, and let’s secure the outcome you deserve.