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Two Ways to Lose Your Restraining Order (Domestic Violence Injunction) Case

Friday December 10, 2010 • Leave a Comment

Florida Law allows threatened parties to obtain a Injunction for Protection Against Domestic Violence, commonly referred to as a “retraining order”, in certain specific situations.

The West Palm Beach divorce attorneys of Nugent & Zborowski recently observed two appellate cases that involved the reversal of orders entering an Injunction for Protection Against Domestic Violence.

In Fuccio v. Durso, 35 Fla. L. Weekly D2665a (Fla. 5th DCA, Dec. 3, 2010) the court reversed an Order entering an Injunction on account of the parties not living together. In Fuccio, the Petitioner had filed a Petition for Injunction of Protection against Domestic Violence against her nephew. The Fuccio Court reversed the Order entering the Injunction, stating: “In Order to obtain the Injunction, the controlling statute, section 741.28 of the Florida Statutes (2008), requires proof that the parties are residing or have resided, together in the same single dwelling unit. Although Durso asserted in her petition that the parties had resided together in the same single dwelling unit, the undisputed testimony during the injunction hearing established that the parties had never lived together.”

Click here to see Fifth District Court of Appeal’s opinion in Fuccio.

In Sanchez v. Sanchez, 35 Fla. L. Weekly D2612b (Fla. 2D DCA, Dec. 1, 2010) the court reversed the Order entering an injunction on other grounds. The Sanchez court noted that “a circuit court may grant an injunction for protection to any person ‘who is either the victim of domestic violence…or has reasonable cause to believe he or she is in imminent danger of becoming the victim of domestic violence.” The Petitioner had testified that she thought she was in “imminent danger” of becoming a victim of domestic violence because of unproven harm to a family member- the Sanchez court determined that unproven allegations of harm to another did not establish that the Petitioner was in any “imminent danger” and thus reversed the Order granting the Injunction.

Click here to see the Second District Court of Appeal’s opinion in Sanchez.

The West Palm Beach Domestic Violence lawyers and West Palm Beach Domestic Violence attorneys of Nugent and Zborowski routinely handle both the prosecution and defense of domestic violence/restraining order cases. For more information, call 561.844.1200 or click here to arrange to speak to a attorney with Nugent & Zborowski about your domestic violence situation.

The West Palm Beach divorce lawyers of Nugent and Zborowski are West Palm Beach divorce attorneys, and also serve as Boca Raton divorce lawyers; Palm Beach Gardens divorce lawyers; Jupiter alimony attorneys; grandparents’ rights attorneys; and fathers’ rights attorneys. For more information or to schedule a consultation call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.

No Marriage Means No Alimony… and No Distribution

Monday December 6, 2010 • Leave a Comment

You cannot receive alimony or equitable distribution if you were never married. This might seem obvious, but sometimes there are people who think they are married but the law says otherwise.

The West Palm Beach divorce lawyers and attorneys of Nugent & Zborowski recently observed this scenario in Betemariam v. Said, 35 Fla. L. Weekly D2542a (Fla. 4th DCA, Nov. 17, 2010). In Betemariam, the Wife believed that the parties were legally married in Virginia before the couple relocated to Florida with their two children.

However, once the Wife filed for divorce in Florida, from what she thought was her successful radiologist-husband, it was brought to the attention of the court that the parties had never actually obtained a marriage license in Virginia. Although parties were married by their Imam in a religious ceremony, they never obtained a marriage license in Virginia.

The Betemariam court held that the marriage was not valid because neither party obtained a marriage license. The Court noted that the Wife had several previous marriages, so she should have known that a license was required to form a valid marriage. Because the marriage was not valid, the trial court did not have the ability to award the “wife” alimony, or to equitably distribute the parties’ assets.

Essentially, what the Betemariam held was that the case needed to be treated as a paternity case, and, thus, the Court awarded child support and developed a parenting plan for the parties’ children. However, there was no alimony awarded to the “wife”.

It should be noted that the Court applied Virginia law to determine whether there was a valid marriage. Chapter 741, Florida Statutes lays out the legal requirements for a valid marriage in Florida (click here for a link to the statute), which are largely the same as the requirements in Virginia.

Click here to see the Fourth District Court of Appeal’s opinion in Betemariam.

For more information, call 561.844.1200 or click here to arrange to speak to a divorce lawyer with Nugent & Zborowski about your divorce, annulment or paternity case.

Filed Under Alimony, Equitable Distribution, Paternity

Grandparents Can Receive Child Support

Tuesday November 23, 2010 • Leave a Comment

Grandparents can receive child support; however, an Administrative Law Judge cannot make both parents pay child support to a grandparent when the mother was the party initiating the child support action. See Department of Revenue v. Selles, 35 Fla. L. Weekly D2474d (Fla. 1st DCA Nov. 10, 2010).

In Selles, the Department of Revenue initiated a child support enforcement action on behalf of an unmarried mother to recover child support from the father. However, an Administrative Law Judge entered a support order that required both parents to pay child support to the child’s grandmother, who had been taking care of the child.

The Department of Revenue appealed, contending that (1) the Administrative Law Judge lacked jurisdiction to make the mother pay child support or to (2) order that the parties pay support to the child’s grandmother. The Selles court reversed, in part, and concluded:

Section 409.2563 differentiates between “the parent from whom support is being sought” and “the parent from whom support is not being sought.” The statute requires DOR to calculate the child support obligation only of “the parent from whom support is being sought.”

However, the Selles court went on to say that the Administrative Law Judge had the authority to redirect support from the father to the grandmother, and, that the father had the ability to bring a support action to require the mother to contribute to the support of the child.

To read the Selles opinion, click here.

Although the Selles opinion is a bit confusing, it is another example of how Florida law allows grandparents rights with respect to their “re-assuming” the role of a parent.

The West Palm Beach Divorce Lawyers of Nugent & Zborowski are experienced child support attorneys and grandparents’ rights attorneys. For more information, call 561.844.1200 or click here and speak to an attorney with the Law Offices of Nugent & Zborowski.

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.

Filed Under Child Support Attorneys, Grandparents' Rights

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.

Filed Under Firm News, Prenuptial Agreements

Florida Appeals Court Shows How Hard it can be to Modify a Timesharing (Visitation) Schedule

Thursday November 11, 2010 • Leave a Comment

The West Palm Beach divorce lawyers of Nugent & Zborowski limit their practice to divorce and family law matters in and around the West Palm Beach, Florida area. The firm consults with clients who need a Boca Raton divorce lawyer; a Delray Beach divorce lawyer ; a Boynton Beach divorce lawyer; a Lake Worth divorce lawyer ; a Jupiter divorce lawyer; a Palm Beach Gardens divorce lawyer; a Wellington divorce lawyer; a Royal Palm Beach divorce lawyer; or a Stuart divorce lawyer.

The firm’s West Palm Beach divorce attorneys recently observed the decision of Florida’s First District Court of Appeal in Sidman v. Marino, 35 Fla. L. Weekly D2431a (Fla. 1st DCA Oct. 29, 2010). The Sidman court’s decision addressed the high burden involved with modifying a timesharing (visitation) schedule.

It is well established in Florida that, in order to change a visitation schedule, the moving party must establish that: (1) there was a substantial, involuntary, material and permanent change in circumstances that was not anticipated by either party at the time of the final judgment; and (2) changing the timesharing schedule is in the best interest of the child(ren). Click here to read more about a case stating the standard for modifying timesharing/visitation.

In Sidman, the trial court changed a previously enacted custody order because it found that it would be in the child’s best interest to increase the father’s time with the child. The Sidman court found that the trial court abused its discretion by modifying visitation without competent, substantial evidence of a substantial change in circumstances.

The Sidman court stated “although the evidence may have shown that increasing the father’s time with the child is in the child’s best interest, there was no evidence of an unanticipated and substantial change in circumstances. The father had merely begun exercising the full visitation rights allowed in the consent decree, and an additional weekly overnight that the mother had agreed to informally. As we have said regarding modification of custody arrangements, allowing an agreement between the parents to provide a basis for modification would discourage parents from making informal, joint decisions for the benefit of their children.”

Thus, the Sidman court reaffirmed the longstanding notion that a substantial change in circumstances must occur to justify a change in custody and it is not enough that the child would benefit from having more time with a parent. Click here to view the Sidman opinion.

It is important to consult with an experienced divorce lawyer to evaluate whether you or your former spouse may be entitled to an order modifying timesharing/visitation with your child(ren)to your case. For more information, call 561.844.1200 or click here and speak to an attorney with the Law Offices of Nugent & Zborowski about your modification case.

Filed Under Modification, Paternity

Equitable Distribution Law Update: Appeals Court Applies Kaaa v. Kaaa

Thursday November 4, 2010 • Leave a Comment

The divorce lawyers of Nugent & Zborowski practice all areas of family law in West Palm Beach, Florida. The firm also handles alimony, child support, custody and equitable distribution cases in West Palm Beach, Boynton Beach, Palm beach Gardens, Boca Raton, Jupiter and Stuart.

The Palm Beach and Martin County matrimonial and family law attorneys of Nugent & Zborowski recently observed the October 22, 2010 opinion of the 5th District Court of Appeal in Leider v. Leider, 35 Fla. L. Weekly D2332b (Fla. 5th DCA Oct. 22, 2010).

In Leider, the appeals court had issued an opinion before the Florida Supreme Court ruled in Kaaa v. Kaaa, 35 Fla. L. Weekly S521a (Fla. Sept. 30, 2010). In light of the Florida Supreme Court’s ruling, the Leider court issued a substitute opinion that sheds light on how Kaaa v. Kaaa may be interpreted going forward.

The Leider court held that “funds spent for repairs were not improvements that contributed to the value appreciation of the house…we reverse the part of the final judgment awarding the wife $27,481 as a marital asset and remand for further proceedings consistent with Kaaa.”

The Leider decision seems to be in line with many of the federal tax code provisions that delineate between repairs and improvements on real property, although it remains to be seen whether other district courts will agree with the Fifth District Court of Appeal’s conceptual notion that repairs made to property using marital funds do not create a marital asset subject to equitable distribution.

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

It is important to consult with an experienced divorce lawyer about how Florida’s equitable distributionlaws apply to your case. For more information, call 561.844.1200 or click here 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.

Filed Under Equitable Distribution, Name Change, West Palm Beach

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.

Filed Under Divorce in Hobe Sound, Divorce in Jensen Beach, Divorce in Martin County, Divorce in Stuart, Firm News, Location of Divorce Court

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.

Filed Under Divorce in Jupiter, Divorce in Royal Palm Beach, Firm News, Location of Divorce Court

Which Court Will Handle Your Divorce?: Part II of IV (Divorce in the West Palm Beach, Lake Worth, Royal Palm Beach, Wellington, and Palm Beach Areas)

Monday October 25, 2010 • Leave a Comment

The divorce lawyers of Nugent & Zborowski practice all areas of divorce and family law in the West Palm Beach, 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 West Palm Beach, Lake Worth, Royal Palm Beach, Wellington or 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 Boynton Beach, Delray Beach, Boca Raton and the surrounding areas 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 a case pursuant to Administrative Order NO. 5.101-4/10 (to view, click here and select the first link that appears on the top of the page).

The Main Courthouse (click here for location information and driving directions) has three divorce and family law judges and three magistrates, and handles cases for the following locations and zip codes:

Currently, Judge Maass, Judge Brunson and Judge Lewis are the judges handling divorce and family law matters at Main Courthouse. However, Judge Maass is being transferred to another division and her role in family court will be assumed by the newly elected Lisa Small in January 2011.

For more information about your 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.

Filed Under Location of Divorce Court, West Palm Beach, West Palm Beach Divorce Lawyer

Which Court Will Handle Your Divorce?: Part I of IV (Divorce in the Boynton Beach, Boca Raton and Delray Beach Area)

Friday October 22, 2010 • Leave a Comment

The divorce lawyers of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, 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 Boynton Beach, Delray Beach, or Boca Raton, one of your questions about your divorce or family law matter may involve the question 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.

The South County Courthouse (click here for location information and driving directions) has two divorce and family law judges and two magistrates, and handles cases for the following locations and zip codes:

Currently, Judge Burton and Judge Stern are the judges handling divorce and family law matters at the South County Courthouse. However, Judge Stern is soon retiring, and will be replaced by Judge Martz in January 2011.

Filed Under Delray Beach and Boca Raton, Location of Divorce Court, West Palm Beach Divorce Lawyer

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