Divorce can be one of the most challenging experiences, especially for couples who've shared many years together. The emotional and financial toll can be overwhelming. A significant part of this process is the fair division of marital assets, including retirement...
Any mistake during the divorce process can be costly. However, when high net worth and valuable assets are involved, the cost of those mistakes can be even higher. What mistakes should you avoid during the divorce process? Don’t wait to get legal guidance. It might be...
In Mintz Truppman, P.A. v. Cozen O'Connor, PLC, No. SC20-1225, 2022 Fla. LEXIS 1292, at *5 (Aug. 25, 2022), the Florida Supreme Court recently had an opportunity to address whether a writ of prohibition can used as a vehicle for interlocutory review/redress when a...
Divorces can be complex legal matters, and when one or more of the spouses are doctors, a divorce can be even more complex. Issues that can complicate physician divorces include business valuation(s), increased earning potential and spousal support issues, and...
In Monasky v. Taglieri, No. 18-935, 2020 U.S. LEXIS 1362, at *1 (Feb. 25, 2020), a rare family law issue made its way to the United States Supreme Court, by virtue of an action brought pursuant to the Hague Convention on the Civil Aspects of International Child...
The right to procedural due process, including an opportunity to be heard, is a constitutional principle that has been carried over generations of litigation. However, this longstanding right is often weighed against and threatened by the realities of litigation....
The availability of civil injunctions for protection against “dating violence,” as well as other forms of violence such as “repeat violence” and “sexual violence” are addressed in § 784.046, Fla. Stat. Notably, while there are overlapping concepts, this statute...
On July 19, 2019, the Third District Court of Appeal issued its opinion in Ziegler v. Natera, No. 3D19-86, 2019 Fla. App. LEXIS 10818, at *1 (3d DCA July 10, 2019). In Ziegler, 6 days before a marriage in Venezuela, the future husband presented his pregnant future...
The duty to preserve evidence relevant to a case can apply before a complaint is ever filed and before an action exists, and is triggered once litigation is reasonably anticipated. The duty to preserve evidence extends to any evidence that the party knows, or...
Unfortunately, competent attorneys are often retained after problems arise, as opposed to being hired to ensure that a transaction is handled correctly at its inception. This case note discusses a recent opinion from the Florida Fourth District Court of Appeal, which...