At Fell Law Group, we stay on top of the latest Florida family law decisions to help you navigate your divorce or custody case with confidence. Two recent appellate court rulings—Silva v. Claffey and Justice v. Guerrero-Justice—shed light on critical issues in equitable distribution and child custody jurisdiction. Here’s what you need to know.
Valuation of Marital Assets: Timing Matters
In Silva v. Claffey, Florida’s Fourth District Court of Appeal addressed the proper date for valuing a marital home in an equitable distribution. The trial court initially valued the property as of the trial date, but the appellate court ruled this was an abuse of discretion. Why?
- The unrebutted evidence showed that after the parties separated, only the husband maintained and improved the home.
- The wife’s contributions—such as paying for family health insurance—did not qualify as direct financial contributions to the property.
- The court ruled that when one spouse is solely responsible for a marital asset post-separation, the proper valuation date is the date of separation—not the trial date.
Key Takeaway: If you’re divorcing in Florida and one spouse continues to manage and maintain the marital home alone after separation, its valuation should reflect the date of separation, not trial. This can significantly impact equitable distribution calculations.
Child Custody & UCCJEA Compliance: A Warning to Trial Courts
In Justice v. Guerrero-Justice, Florida’s Third District Court of Appeal tackled a crucial procedural issue under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The trial court held a conference with a foreign court to determine the child’s home state but made a critical mistake:
- The parents were not given an opportunity to participate in the communication.
- The court did not provide the parties with a record of what was discussed.
- The appellate court emphasized that under the UCCJEA, parties must be given notice and an opportunity to participate in jurisdictional communications between courts.
Key Takeaway: If you’re involved in an interstate custody dispute, Florida courts must follow strict UCCJEA procedures. You have the right to be notified and involved in discussions about where your child’s case will be heard.
How These Rulings May Impact Your Case
These decisions reinforce the importance of proper legal representation in divorce and custody matters. Whether you’re dealing with the valuation of assets or navigating a complex child custody jurisdiction issue, the right legal strategy can make all the difference.
If you’re facing a family law dispute in Florida, Fell out of love? Call Fell Law Group! We’ll help pick you back up. Contact us today for a consultation.