Recent Posts

A “Royal Prenup”?

Wednesday November 17, 2010 • Leave a Comment

A few days after the engagement of Prince William was made public the gossip blogs are already contemplating the potential terms of a prenuptial agreement (Click here for the latest speculation and more information on the laws of across the Atlantic).

The West Palm Beach Divorce Lawyers of Nugent & Zborowski regularly counsel clients contemplating a prenuptial agreement. Prenuptial agreements are not for everyone, but can add some certainty to the terms of what will govern the distribution of assets and liabilities upon divorce. For more information, call 561.844.1200 or click here and speak to an attorney with the Law Offices of Nugent & Zborowsk.

The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Lake Worth, Stuart, Royal Palm Beach and Jupiter. For more information or to schedule a consultation call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.

Which Court Will Handle Your Divorce?: Part IV of IV (Divorce in Stuart, Jensen Beach, Hobe Sound and Martin County).

Monday November 1, 2010 • Leave a Comment

The divorce lawyers of Nugent & Zborowski practice divorce and family law in Stuart and Martin County. The firm’s attorneys also handle paternity, juvenile dependancy, modification of alimony and child support, visitation(timesharing), and child custody, and fathers’ and grandparents’ rights cases in West Palm Beach and Palm Beach County.

If you live in Stuart, Jensen Beach, Hobe Sound, or anywhere else in Martin County, one of your questions about your divorce or family law matter may concern the actual location of where you need to go to have a Judge decide an aspect of your case. As an initial matter, divorce and family law related cases are handled in the circuit court level of Florida’s state court system. Florida separates circuit courts into multiple “judicial circuits.” Divorce and family law cases in Martin County are handled by the 19th Judicial Circuit, which also services St. Lucie County, Okeechobee County and Indian River County.

Divorce and family law cases in Stuart, Jenson Beach, Hobe Sound and other areas of Martin County, including paternity cases and modification of child custody, child support and alimony cases, are all held at the Martin County Courthouse, which is located in downtown Stuart (click here for a link to the courthouse location and driving directions).

All of the divorce and family law cases in Stuart, Hobe Sound, Jensen Beach (and the rest of Martin County) are all handled by Judge Robert Makemson. Furthermore, all divorce and family law cases are handled in accordance with administrative order #2007-13.

For more information about your Stuart divorce case, or a a divorce or family law case anywhere else in Martin County, including child support and alimony cases in Hobe Sound and Jensen Beach, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski. You can also click here to email an attorney with the firm to request more information, or visit the firm’s website, www.nugentlawfirm.com.

Which Court Will Handle Your Divorce?: Part III of IV (Divorce in Jupiter, Tequesta, Palm Beach Gardens and parts of Royal Palm Beach, Wellington and West Palm Beach).

Friday October 29, 2010 • Leave a Comment

The divorce lawyers of Nugent & Zborowski practice all areas of divorce and family law in the Jupiter and Palm Beach Gardens, Florida area. The firm’s attorneys also handle paternity, juvenile dependancy, modification of alimony and child support, visitation(timesharing), and child custody, and fathers’ and grandparents’ rights cases.

If you live in Jupiter, Tequesta, Palm Beach Gardens or Royal Palm Beach, one of your questions about your divorce or family law matter may concern the actual location of where you need to go to have a Judge decide an aspect of your case. As an initial matter, divorce and family law related cases are handled in the circuit court level of Florida’s state court system. Florida separates circuit courts into multiple “judicial circuits.” The population of Palm Beach County is large enough to have its own judicial circuit, the 15th Judicial Circuit, which is headquartered at the main county courthouse in West Palm Beach.

Divorce and Family law cases in the West Palm Beach area are handled by Palm Beach County’s Unified Family Court. The Unified Family Court operates four primary branches, the North County Branch, South County Branch, West County Branch, and the Central (Main) Branch. All of the divorce and family law cases in Palm Beach County are initially split between the four branches based on the zip code of the residence of the person filing the case pursuant to Administrative Order NO. 5.101-4/10 (to view, click here and select the first available link).

The North County Governmental Center (click here for location information and driving directions) has three divorce and family law judges and two magistrates, and handles divorce and family law cases in Jupiter; divorce and family law cases in Palm Beach Gardens; and divorce and family law cases in parts of Royal Palm Beach, West Palm Beach and Wellington. The North County branch services cases in the following locations and zip codes:

Currently, Judge Oftedal, Judge McSorley, and Judge Phillips are the judges handling divorce and family law matters at the North County Governmental Center. However, Judge Oftedal is being transferred to another division and his role in family court will be assumed by Judge Smith in January 2011.

For more information about your Jupiter, Palm Beach Gardens, West Palm Beach, Royal Palm Beach, or Wellington divorce and family law case, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski. You can also click here to email an attorney with the firm to request more information, or visit the firm’s website, www.nugentlawfirm.com.

Court Holds that Order Allowing Invasion of Privacy Was Inappropriate

Monday October 18, 2010 • Leave a Comment

The marital and family law attorneys of Nugent & Zborowski practice all areas of family law in West Palm Beach, Florida. The compassionate and straightforward divorce and modification attorneys also handle appeals of final judgments of dissolution of marriage cases for clients located in West Palm Beach, Stuart, Palm Beach Gardens, Wellington, Royal Palm Beach and Jupiter.

The divorce and family law attorneys of Nugent & Zborowski recently observed the October 6, 2010 opinion Florida’s First District Court of Appeal in the case of Rivero v. Rivero, 35 Fla. L. Weekly D2203a (Fla. 1st DCA Oct. 6, 2010). The Rivero case addresses the question of whether the trial court inappropriately required the wife to allow her husband access to her medical doctors after the parties divorce.

In Rivero, the trial court entered a Final Judgment of Dissolution of Marriage. Part of the trial court’s judgment stated: “The Former Wife shall also execute all HIPAA releases and other documents necessary to permit the Former Husband to confer in person or by telephone with her prescribing physician. The Former Wife shall advise the Former Husband of the name, address, and phone number of that physician(s), and shall promptly advise him should she change or add a physician(s).”

In reversing the trial court’s decision, the Rivero court acknowledged that the trial court’s ruling did not include any findings of fact to support why the former husband should have access to the former wife’s medical records. Further, the Rivero court aknowledged that the former husband did not even ask for access to the medical records on appeal.

Click here to read the full text of the court’s opinion in Rivero v. Rivero.

For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about what appellate remedies may be available to you following a court entering a Final Judgment of Dissolution of Marriage in your case.

Supreme Court of Florida Defines Law in Equitable Distribution Case

Monday October 4, 2010 • Leave a Comment

The divorce attorneys of Nugent & Zborowski practice all areas of family law in West Palm Beach, Florida. The firm also handles paternity, juvenile dependancy, modification of alimony and child support and child custody cases in Stuart, Palm Beach Gardens, Wellington and Royal Palm Beach and Jupiter.

The Palm Beach and Martin County matrimonial and family law attorneys of Nugent & Zborowski recently observed the September 30, 2010 opinion of the Supreme Court of Florida in the case of Kaaa v. Kaaa, 35 Fla. L. Weekly S521a (Fla. Sept. 30, 2010). This decision is a landmark decision in Florida as it resolves a split between the several appellate courts on whether the passive, market driven appreciation on a non-marital property that accrues during the marriage is an asset subject to equitable distribution when marital funds are used to service debt on the property.

In Kaaa, the parties were married for twenty-seven years and the husband purchased a property before the marriage. During the marriage the husband paid down the mortgage on the property with marital funds. At trial, the court held that the wife was not entitled to any of the passive appreciation in the home. The Second District Court of Appeal affirmed the trial court’s ruling but certified conflict to the Florida Supreme Court.

The Supreme Court reversed the trial court and Second District Court of Appeal and adopted the position of the First District Court of Appeal in Stevens v. Stevens, 651 So. 2d 1306 (Fla. 1st DCA 1995): If a separate asset is unencumbered and no marital funds are used to finance its acquisition, improvement, or maintenance, no portion of its value should ordinarily be included in the marital estate, absent improvements effected by marital labor. If an asset is financed entirely by borrowed money which marital funds repay, the entire asset should be included in the marital estate. In general, in the absence of improvements, the portion of the appreciated value of a separate asset which should be treated as a marital asset will be the same as the fraction calculated by dividing the indebtedness with which the asset was encumbered at the time of the marriage by the value of the asset at the time of the marriage. If, for example, one party brings to the marriage an asset in which he or she has an equity of fifty percent, the other half of which is financed by marital funds, half the appreciated value at the time of the petition for dissolution was filed, § 61.075(5)(a) 2, Fla. Stat. (1993), should be included as a marital asset. The value of this marital asset should be reduced, however, by the unpaid indebtedness marital funds were used to service.

Click here to read the full text of the court’s opinion in Kaaa v. Kaaa.

For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s equitable distribution laws will apply to govern the distribution of your assets upon divorce.

Third DCA Holds Ban on Gay Adoption is Unconstitutional

Monday September 27, 2010 • Leave a Comment

The attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida. The firm also handles paternity and modification of alimony and child support and child custody cases in Stuart, Palm Beach Gardens, Lake Park and Jupiter.

The West Palm Beach divorce attorneys of Nugent & Zborowski recently observed the September 22, 2010 opinion of the Florida’s Third District Court of Appeal in Florida Department of Children and Families v. Adoption of X.X.G. and N.R.G. This decision is a landmark decision in Florida as the Appellate Court affirmed the Miami trial court’s ruling that Florida’s statutory ban on gay adoption is unconstitutional.

The Department of Children and Families has thirty days to appeal the decision to the Florida Supreme Court. If the opinion is left to stand, it will make Florida the final state to allow gay adoptions.

Click here to read the full text of the court’s opinion in Department of Children and Families v. Adoption of X.X.G. and N.R.G.

For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s laws pertain to your West Palm Beach adoption or juvenile dependency matter.

The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Lake Worth, Stuart, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.

First DCA Holds Adjudication of Paternity is Not a Basis for Changing Last Name of Child

Monday September 20, 2010 • Leave a Comment

The West Palm Beach divorce attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida. The firm also handles paternity and modification of alimony and child support and child custody cases in Stuart, Palm Beach Gardens, Lake Park and Jupiter.

The West Palm Beach divorce and family law lawyers of Nugent & Zborowski recently observed the September 13, 2010 opinion of Florida’s First District Court of Appeals in the case of Hutcheson v. Taylor, 35 Fla. L. Weekly D2051c (Fla. 1st DCA, Sep. 13, 2010). In Hutcheson, the parties were involved in a paternity lawsuit involving a child born outside of a marriage. The father asserted that the child’s name should be changed to include his last name because (1) the mother would soon be married and have a name change herself and (2) not changing the child’s name might eventually send the child a negative message regarding the mother’s attitude about the father-daughter relationship.

The trial court granted the father’s request for a name change and ordered the child’s last name to be a hyphenated combination of both parents’ last names, in alphabetical order. The Hutcheson court reversed, citing that a child’s name may only be modified when the record affirmatively shows the change is required for the welfare of a the child and the trial court’s order changing the name was made based only upon speculative arguments made by the father and not evidence establishing the change would be in the child’s best interest.

To read the full text of the court’s opinion in Hutcheson click here.

For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s standards relating to child custody and support apply to your West Palm Beach paternity action.

The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Lake Worth, Stuart, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.

Third DCA Holds 81 Year Old Could not Automatically Terminate Alimony Payments, Despite Fact that his Retirement was “Reasonable”

Monday August 30, 2010 • Leave a Comment

The marital and family law attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida, and also handle divorce, paternity and modification of alimony and child support cases in West Palm Beach and the greater Palm Beach County, Martin County and Broward County area, including divorce, paternity and support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter.

The West Palm Beach divorce and family law attorneys of Nugent & Zborowski recently observed the August 18, 2010 opinion of Florida’s Third District Court of Appeals in the Case of Suarez v. Suarez, 35 Fla. L. Weekly D1879a (Fla. 3rd DCA, Aug. 18, 2010). In Suarez, the parties previously reached an agreement where the Former Husband was to pay Former Wife permanent periodic alimony in the amount of $1500/ month. In 2007, the Former Husband filed a Motion to Modify/Terminate alimony before retiring (Former Husband retired after moving to Modify/Terminate alimony).

The Suarez Court applied Pimm v. Pimm, 601 So. 2d 532 (Fla. 1992) to determine that Former Husband’s decision to retire was reasonable. Nonetheless, the Court found that the trial court erred by terminating Former Husband’s alimony obligation because Former Wife had the need for support and Former Husband still had the ability to pay some support. The Suarez Court remanded the case to the trial court for a determination of the parties incomes and consideration of the alimony issue.

For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s standards relating to modification of alimony and child support apply to your situation.

The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.

Fifth DCA Clarifies Standard for Modifying Custody/Timesharing Provisions

Friday July 16, 2010 • 1 Comment

The West Palm Beach divorce and family law attorneys of Nugent & Zborowski recently applied the holding in Mesibov v. Mesibov, 16 So. 3d 890 (Fla. 5th DCA 2009) to successfully defeat an action seeking sole parental responsibility (sole custody) of a client’s minor child. In Mesibov, the former husband moved for a modification of custody. The trial court granted the modification based on evidence that “the father was more likely to ensure the child was engaged in productive, normal, and healthy extracurricular activities, and… would benefit from a greater male influence in his life… and [the child] had ‘unmanlike toilet behavior.’”

On appeal, the Mesibov court reversed, finding that the former husband failed to satisfy the extraordinary burden of showing a substantial and material change in circumstances. The Mesibov court held that: “[T]he allegations and evidence are insufficient as a matter of law to satisfy the substantial change test. The child simply did not conform to either the father’s or trial court’s perception of manliness. To the contrary, the evidence showed the child was well-behaved, an excellent student, involved in church activities outside school, and maintained an excellent relationship with his father. While the father criticized the mother, in part, for her singular interest in children and church, her lifestyle does not demonstrate a substantial and material change to justify a custody modification… [t]he preliminary question of a substantial change is a prerequisite to considering the best interests of the child under section 61.13(2)(d).”

For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s standards relating to modification of custody, timesharing and parental responsibility apply to your situation.

The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.

Fourth DCA Holds Restitution of Support is Possible after a Case is Dismissed for Lack of Jurisdiction

Thursday July 8, 2010 • Leave a Comment

The West Palm Beach divorce and family law attorneys of Nugent & Zborowski recently reviewed Marshall v. Marshall, 35 Fla. L. Weekly D1295 (Fla. 4th DCA June 9, 2010). In Marshall, the appellate court previously reversed a trial court order denying the husband’s motion to dismiss for lack of personal jurisdiction. On remand, the issue was whether the trial court could order the wife to pay restitution to the husband for the support he was previously ordered to pay before the appellate court reversed the order on his motion to dismiss. The trial court declined to order restitution and the husband appealed.

On appeal, the Marshall court again sided with the husband stating: “We find the trial court has the jurisdiction to grant or deny restitution after due consideration. It is clear that the trial court in this matter erred in denying the husband any restitution based on the erroneous belief that the trial court did not have the authority to grant restitution.”

For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s child support guidelines and alimony and equitable distribution guidelines apply to your situation.

The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.

Recent Posts

A “Royal Prenup”?

Which Court Will Handle Your Divorce?: Part IV of IV (Divorce in Stuart, Jensen Beach, Hobe Sound and Martin County).

Which Court Will Handle Your Divorce?: Part III of IV (Divorce in Jupiter, Tequesta, Palm Beach Gardens and parts of Royal Palm Beach, Wellington and West Palm Beach).

Court Holds that Order Allowing Invasion of Privacy Was Inappropriate

Supreme Court of Florida Defines Law in Equitable Distribution Case

Third DCA Holds Ban on Gay Adoption is Unconstitutional

First DCA Holds Adjudication of Paternity is Not a Basis for Changing Last Name of Child

Third DCA Holds 81 Year Old Could not Automatically Terminate Alimony Payments, Despite Fact that his Retirement was “Reasonable”

Fifth DCA Clarifies Standard for Modifying Custody/Timesharing Provisions

Fourth DCA Holds Restitution of Support is Possible after a Case is Dismissed for Lack of Jurisdiction

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