Divorce can be a complex and emotionally charged process, especially when it involves property division, financial disputes, or parenting decisions. Recent Florida appellate court decisions offer valuable insights into how courts handle these issues. Here’s what you need to know:
Equitable Distribution: A Fair but Not Always Equal Split
In Reed v. Reed, the court upheld an unequal distribution of real property, awarding 80% to the wife. The couple had been separated for 25 years, and the wife had maintained the property and run a business on it. This case highlights that courts consider long-term separation and individual contributions when dividing assets. However, the court found error in assigning marital liabilities to the husband without proper evidence, underscoring the importance of accurate financial documentation in divorce proceedings.
Dissipated Assets: Proper Valuation Matters
In Nunes v. Krup, the trial court’s reliance on a text message to value a vehicle was overturned because the message was deemed an inadmissible settlement negotiation. This case is a reminder that courts must base valuations on competent, substantial evidence—not informal communications. If you’re concerned about asset valuation in your divorce, proper documentation is key.
Appeals & Preserving Legal Arguments
In Quintanilla Magana v. Roque Machado, the appellate court was unable to review several claims due to the absence of a trial transcript and the husband’s failure to file a motion for rehearing. If you plan to appeal a divorce ruling, it’s critical to preserve your legal arguments properly. This means ensuring all necessary records are filed and motions are made at the trial level.
Parental Responsibility: Due Process in Parenting Plans
In Greenwood v. Greenwood, the court found that a temporary order granting the father ultimate decision-making authority over the child’s education was improper because the mother did not receive notice or an opportunity to be heard. Courts take parental rights seriously, and due process must be followed when modifying a parenting plan. If you’re facing a dispute over child custody or education decisions, ensuring your rights are protected is essential.
What These Cases Mean for You
Each of these cases illustrates key legal principles that may impact your divorce:
- Long-term separation and individual contributions can affect property division.
- Proper asset valuation is crucial—text messages and informal agreements may not hold up in court.
- Preserving legal arguments is essential if you plan to appeal a decision.
- Courts must follow due process when modifying parenting plans and decision-making authority.
At Fell Law Group, we understand the challenges of divorce and are here to advocate for your best interests. Fell out of love? Call Fell Law Group. We’ll help pick you back up!
If you need guidance on any aspect of your divorce, contact us today to schedule a consultation.