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Expanded Definition of Families: It's Not One-Size-Fits-All
No two families are alike. They come in different sizes, shapes, colors and genders. More and more people are accepting that families don't mean a "Father, Mother and 2.2 children" anymore. We as a culture have expanded our definition of what makes a "family." We see Grandparents raising their children's children. We see many one-parent families. And we are seeing a rise in same-sex couple families.
A article published in the NY Times references a survey conducted that shows that a majority of Americans now say their definition of family includes same-sex couples with children, as well as married gay and lesbian couples.
Prof. Stephanie Coontz of Evergreen State College in Washington, director of research and public education at the Council on Contemporary Families, a research and advocacy group, said that "Americans seem to be open to seeing same-sex couples with children as families, even while they hesitate to recognize their unions as marriage."
David Blankenhorn, president of the Institute for American Values, a marriage research and advocacy group, said he was not surprised by the findings. "I like the standard definition of family: two or more persons related by blood, marriage or adoption," Mr. Blankenhorn said. "Keeps it simple and coherent."
If you have a family law matter, regardless of how your family is made-up, we can help. We have handled many Grandparent rights/custody issues, Divorce issues, Father's rights issues, and GLBT issues. We can help if you are facing a family law issue.
Please call Ocala Divorce Lawyer to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Co-Parenting or Shared Parenting After Divorce
Divorce is an end to marriage -- but not an end to parenting for couples who have had kids together. For them, divorce is the beginning of a new, lengthy relationship that can either be full of tension or cooperation. If you need assistance with your family law matter, please call the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Florida Divorce Attorney Discusses Temporary Financial Support
Often times when a divorce case is newly filed and one of the parties needs some temporary financial assistance during the divorce, that person's attorney will file something called a Motion for Temporary Relief. Temporary Relief could be anything from exclusive use and possession of the home to temporary spousal or temporary child support. The most frequent temporary relief hearings are usually financial, but these hearings could also be to used to establish a temporary parenting plan.
A case came out this week from the Fourth District Court of Appeals from a non-final order that gave some guidance to trial court Judges on just how much is too much support to be paying on a temporary basis. If the Temporary support award consumes a vast majority of the paying spouse's available income, to the extent that he/she has very little money upon which to live, the court could have exceeded it's award to payee spouse.
The Court in Wilder v. Wilder, 4D10-205, 2010 WL 3418402 (Fla. Dist. Ct. App. Sept. 1, 2010) held that "temporary relief awards are among the areas where trial judges have the broadest discretion" and an appellate court will not reverse such an order in the absence of an abuse of that discretion." Robbie v. Robbie, 591 So.2d 1006, 1008 (Fla. 4th DCA 1991). It is an abuse of discretion, however, for a trial court to enter a temporary support order that "exceeds or nearly exhausts a party's income." Bolton v. Bolton, 898 So.2d 1084, 1084 (Fla. 4th DCA 2005) (reversing temporary support order that left husband with only $300 per month for own living expenses); see also Williams v. Williams, 10 So.3d 651, 652-53 (Fla. 5th DCA 2009) (reversing award of temporary child support and "in-kind" alimony that consumed ninety-seven percent of husband's monthly income). That is the case here as the husband's financial obligations under the temporary support order consume his income to the extent that he is left with little or nothing for his own reasonable living expenses.
The Court in the Wilder case found that the Husband was left with very little money after his payment of the Temporary Support. The Court reversed the trial courts order with instructions to recalculate the temporary support that was ordered.
If you are facing or thinking about divorce or have a family law matter, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Ocala Divorce Attorney Discusses Collaborative Divorce: A Kinder, Gentler Alternative
Is there a way to have a kinder, gentler divorce without much hostility and fighting? Yes! There is a movement now across the US to help couples and their children divorce without the battles typically associated with divorce. An article from the Democrat and Chronicle discussed the advantages of Collaborative Divorce.
Participants in the Collaborative Divorce process found that it was very helpful because the first priority was the children, or that it was a friendly way to things without killing each other.
Collaborative Law Divorce is a process that enables divorcing parties, each represented by counsel, to resolve the parties' differences in a non-adversarial environment. Collaborative divorce has been described by some as a softer, gentler technique for divorcing couples who need zealous legal representation, but also place a premium on avoiding litigation. Other professionals may be brought in such as a Financial Planner, Accountant, or Mental Health Professional to help the parties reach a peaceful and fair agreement that works with their family.
Judges have praised the Collaborative Divorce process commenting that, "it that teaches divorcing parents how to contain their struggles to protect their children," further endorsed the collaborative divorce process for "combining legal counseling with any other needed services, such as a mediator, financial planner, mental health professional or child specialist."
If you are facing or thinking about divorce, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Florida Divorce Lawyer Discusses IRS Dependency Exemption
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There are times when my client asks if he/she could get the IRS Dependency Exemption, even though they are not the custodial parent (or parent with the most overnights). It was in the past that the Court could not order the custodial parent to give the other parent the IRS Dependency Exemption, but that has changed. If the custodial parent is not working and the non-custodial parent paying child support, there is case law that supports having the non-working custodial parent give the other parent the IRS Dependency Exemption.
The Court in Geddies v. Geddies, 1D09-4635, 2010 WL 3477462 (Fla. Dist. Ct. App. Sept. 7, 2010) held that pursuant to Florida Statute Section 61.30, the trial court is authorized to take into account the "impact of the Internal Revenue Service dependency exemption and waiver of that exemption" in determining the amount of child support. The statute authorizes the trial court to direct the transfer of the exemption to the noncustodial parent, which has the effect of "mak[ing] more money available for child support through tax savings." Vick v. Vick, 675 So.2d 714, 719 (Fla. 5th DCA 1996).
The trial court cannot allocate the exemption directly, but it can only require the custodial parent to execute a waiver transferring the exemption to the noncustodial parent pursuant to Florida Statute � 61.30(11)(a) 8, ("The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption...."); Salazar v. Salazar, 976 So.2d 1155 (Fla. 4th DCA 2008).
In the Geddies case the First District Court of Appeals upheld the the trial judge's ruling on this issue. The Former Wife had no taxable income or income tax liability in order to benefit from the exemption. See McDaniel v. McDaniel, 835 So.2d 1265 (Fla. 1st DCA 2003) (reversing award of tax dependency exemption to the Former Husband where the Former Husband did not have any taxable income or income tax liability for the tax year). Additionally, because the Former Husband had another child support obligation that had already reduced his disposable income, the award of the dependency exemptions to the Former Husband would serve to maximize the disposable income available for him to pay his child support obligation in this case. Accordingly, the trial court did not abuse its discretion in awarding the dependency exemptions to the Former Husband while the Former Wife was unemployed
If you are facing a family law or divorce matter, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
The Dangers of Do-It-Yourself Divorce in Florida
A telling and timely article came out in the Ocala Star Banner on the increase in Pro Se litigants in family law matters, particularly Divorces.
The economic slump and high unemployment have contributed to a spike in the number of people representing themselves in court, especially in family law matters like divorce or child custody cases, say those in the legal industry.
Most people are simply priced out of hiring a lawyer. I was quoted in the article as saying, "Because the economy is so bad, my observation is that it's cutting across the social strata except among people making $50-, $60-, $70,000 a year," said Ocala family law attorney Anne Raduns. "The average person [is] having a very, very hard time [hiring a lawyer]."
However, there are dangers in handling your divorce or family law matter yourself. With judges having an "overriding responsibility" to make sure all parties are treated fairly in court, the rise in pro se litigants, says Stephen Zack, president of the American Bar Association, can be "problematic." Zack also added, "I've talked to lots of judges and they generally lean over backwards to assist the litigants, even though judges are not permitted to actually dispense legal advice." Circuit Judge David Eddy reiterated, "It goes a lot slower because the individuals don't understand that even if they're not represented by attorneys, trial procedure and rules of evidence still apply."
The Judges are not allowed to give legal advise and they are not allowed to have different results for those represented by attorneys and those represented by attorneys. A Pro Se litigant will be required to know the law, whether or not you actually do. And once the final judgment is entered, the case is over. You may not get another chance to fix the problem.
It always better to have an attorney than to attempt to manage our complex legal system by yourself. Please see my webpage on the Dangers of Do-It-Yourself Divorce for a fuller explanation of what may lay ahead when attempting to do your own divorce
If you are thinking about divorce or the divorce process, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Florida Divorce Attorney Discusses Children Talking to the Judge
I am often asked by a frustrated parent, can my child talk to the Judge about whether he/she wants to be with the other parent? The answer, unless the child is 15, 16 or 17 years old, is probably "no." There are some exceptions but they are few and far between.
However, whatever the reason for the for the parent's request, it is most often because the parents feel that their children should be able to speak to the Judge so that he/she will know what the child's thoughts and desires are concerning their living arrangements. The problem is that most judges typically do not want to subject the children to the litigation and testimony process unless it is an extreme situation.
There are other alternatives to having a child testify to the Judge about his/her desires. One of the best ways to get the child's "voice" heard before the court is either through a child psychologist or through a guardian ad litem. A guardian ad litem (an attorney hired to represent the child's best interests) and can testify if necessary as to what the child wishes to do and what is his/her best interest.
The single most important reason that Judges do not let the children talk about where they want to live is that Judges do not want a child to be put in a position of choosing between two parents. It is the job of the judge to determine the best interests of the child. Nevertheless, the court will let the attorney know if he/she wants to talk to the child after the attorney files the appropriate motion requesting testimony of the minor child. The Judge will either grant the motion (meaning that the child can talk to the Judge) or deny the motion (meaning that the Judge will not speak with the child).
If you are thinking about divorce or need help with your family law matter, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Women Making More Money Than Their Husbands Could Be Problematic
A recent study, led by sociology doctoral candidate Christin Munsch at Cornell University, New York, suggests men who earn substantially less than their partner are more likely to have an affair.
She said that "Making less money than a female partner may threaten men's gender identity by calling into question the traditional notion of men as breadwinners."
Surprisingly, the study found that men who were completely dependent on their female partners for income were five times more likely to cheat than those who contributed equally.
Conversely, women who are dependent on their husband's salary are 75% less likely to have an affair than those who provide the majority income.
The findings support a 25-year American study of more than 25,000 marriages between 1979 and 2002, which found that women who consistently earned more money than their husbands were up to 38% more likely to divorce than others.
But factors having to do with money -- such as the man making more or less than his wife or female partner -- did increase the risk of infidelity, Munsch said. But she cautioned that "we're talking about very small numbers."
If you're a woman and "you make more money than your partner, your partner isn't 100 percent likely to cheat," she stressed.
Still, money appeared to be a significant factor.
Men who make less than their wives may lean toward infidelity because they feel a "gender identity threat," Munsch speculated.
If you are thinking about divorce or the divorce process, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Florida Divorce Lawyer Discusses Money and Power in a Marriage
Many people are blaming the rising divorce rate on the recession, pointing out that money is the leading reason cited for divorce in many studies. A deeper look finds that the power created by money and not money itself is the real cause of divorce. An article in the Detroit Free Press points out the problems.
"You know the Golden Rule," says Dr. Karen Gail Lewis. "He who makes the gold makes the rules, and even if a man says 'You make all the decisions with my income' he still has the power. Moreover, homemakers may be more susceptible to divorce than two-income families. "There's very few ways that women can get back at men, especially if they don't work: sex and money," explains Lewis. "There is a third way that is much more subtle, and that's skewing the kids toward her and against Dad."
This is not a suggestion that both parents need to be employed outside the home. But both parents need to be conscious of the trade-offs they are making: By staying home and relying on the other spouse for sole financial support, the stay-at-home spouse gives up the power of earning income, and the working spouse gives up closeness with the kids.
Staying at home with the children may lead to financial dependence by the stay-at-home spouse. Tension is created by feeling like the spouse not earning money has no control over how the money is made and how it spent. This dynamic often creates the negative feelings of powerlessness leading up to divorce.
If you are thinking about divorce or the divorce process, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
More Long-Term Marriages Ending in Divorce
"Gray divorce" - is a newly coined term for long term marriages ending in divorce after the partners have been together 20 year or more. In the U.S. the older Baby Boomers seem to be leading the way, according to a recent article in the Sacramento Bee.
The article points out that the divorce rate among those born between 1946 and 1964 is triple that of their parents, and most relationship experts agree that the main reason is because of Boomers' spirit of independence and "make my own way in the world" viewpoint.
Experts also say that divorce is part of the Boomers' "value system," having grown up as divorce lost its social stigma and became more prevalent in American society. The Boomers believe that you don't have to stay in a bad marriage and silently suffer, like maybe their parents would have. Boomers, on the other hand, have been those who have always taken the "pursuit of happiness" proviso to an extreme, are finding that once the kids are gone, there is not much tying them to their spouse anymore because interests have diverged.
For the most part, it's older boomers, those in their 60's, who are keeping divorce alive, even while divorce rates are declining for those born in the early 1960s and later - and even while the national divorce rate has dropped from a peak of 5.3 per 1,000 people in 1981 to 3.5 today, matching the 1970 rate.
Interestingly, an recent AARP study confirmed this statistics outlined above. A study of post-40 divorce by the American support group for older people, AARP, found that 60 and 70-year-olds appreciate life after divorce the most of any of the ages, citing a fresh lease of life from forging a new identity.
If you are in a long-term marriage and thinking about divorce or the divorce process, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
House Bill Poised to Help Parents in the Military in Florida
According to Florida's recent legislation concerning temporary and concurrent custody of a child, effective July 1, 2010, military parents can feel that they are not losing any important parental rights knowing that the bill states:
-Parents assigned to military service on orders may designate a person to exercise time-sharing on that parent's behalf.
-Parents assigned to military service may petition for expedited hearings.
-Requires non-military parent to cooperate to resolve issues and share information regarding the child.
-Protects military parents that object to custody modifications and allows them to state their objection formally, prior to any final order being awarded.
-States that any order granting concurrent custody does not affect ability of the other parent to obtain physical custody of child at any time.
To read the general bill and/or receive additional information, please visit MyFloridaHouse.gov.
If you are in the Military, either active or reserve, and need assistance with creating a parenting plan, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Important Changes to Florida Child Support Statute
With the signing of Florida House bill 907, Florida Family Law statutes have had quite a few changes. The Child Support Statue update now mandates that effective January 1, 2011, any and all child support orders entered into on or after October 1, 2010 must provide:
1. The termination of the child support shall end on the child's eighteenth birthday, unless otherwise agreed to by the parties. This is a pretty significant change from the current statute, which mandates child support to continue past the 18th birthday with a reasonable expectation of graduation. So, if the child turns 18 in October but does not graduate until June, under the current statute the child support would continue until graduation.
2. A child support schedule. This schedule shall state the amount of the monthly child support obligation for all the minor children at the time the order is entered. The schedule shall also provide the amount of child support that will be owed for any children remaining after one or more children in the order are no longer entitled to receive child support.
3. The month, day and year that the reduction or termination of child support becomes effective.
The recent changes also provide the Child Support Guidelines and Principles that will be follow by the Florida family courts:
1. Each parent has a legal obligation to support his or her minor or legally dependent child.
2. The guideline schedule is based upon the parents' combined net income that the child would be receiving if the parents were still living in the same household.
3. The goal of the guidelines is to encourage fair and efficient settlement of child support issues between parents, as well as minimize the need for litigation.
It would seem that on the face of the update, the biggest change is how we actually calculate the child support number. Normally, the number of overnights needed to realize a significant change in the amount paid from one parent to another was 147 overnights, or forty (40%) of the whole year. That number has decreased to 73 overnights or twenty (20%) of the whole year. This change will be significant whether you are paying or receiving parent of child support.
If you have any questions about this new child support statute, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
New Changes to Alimony Statute in Florida Divorce
There have been recent changes to Florida Statute �61.08, significantly affecting Florida alimony laws. This bill was signed into law over the summer and will not apply to all pending divorces.
The changes apply to all alimony awards entered on or after July 1, 2010. The updated statute cannot be used as the basis for a modification of an alimony award determined before July 1 2010. The changes bring some clarity to what has long been a very murky area of family law. The updated statute provides Judges additional guidance in making alimony award determinations and actually provide some bright-line rules. The first step is still a factual determination as to the financial status of the couple involved, focusing on the party's need for alimony and the other's party's ability to pay alimony.
Prior to the recent changes, a court had the authority to consider a number of factors as it determined whether alimony should be granted, and if so, in what amount. Those factors included:
a) The standard of living enjoyed by the couple;
b) The duration of the marriage;
c) Age and physical and mental condition of the parties;
d) The financial resources of each party;
e) Earning capacity, as well as education, skills and employability of the parties;
f) Contributions by the parties to the marriage;
g) Any other factors the court determines are relevant to an equitable alimony arrangement.
Under the new statute, there are now three additional factors for a judge to consider when making an alimony award in Florida:
a) The responsibilities each party will have with regard to any minor children they have in common.
b) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
c) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
Under the new alimony statute, marriages are divided into three categories of duration and more concrete time frames are provided for categorizing a marriage's duration. The new law lengthens the amount of time the marriage must last before permanent alimony becomes a strong claim.
a) Short-term: less than seven years of marriage;
b) Moderate: between seven and 17 years;
c) Long-term: more than 17 years of marriage.
Florida Divorce and the Marital Home: What Happens With Negative Equity?
If you are divorcing in Florida in this current economic climate, like many, your house may be "upside down" on the equity to loan ratio or have what we are calling, "negative equity." That has happened one of two ways: either you bought between '05 and '07 when the housing market was at its highest or you took equity out of the home through a "home equity line of credit," and now the house is worth substantially less.
But what happens to that house and the negative equity in divorce? Generally, if your spouse has decided to keep the marital home, it could cause problems for you. Unless your spouse is able to re-finance that home, your name remains on the loan/mortgage for that home- even if you sign a Quit Claim deed. The Quit Claim deed only relinquishes legal title to the home, it does not relieve you from the financial obligation. Just because the home is now hers/his, does not release you from your original liability of the original mortgage you both took out as a married couple. Unless your spouse can qualify for a new mortgage, by way of a refinance, on his/her own, you will still be liable to the lender for the original mortgage on a home you do not own, if your spouse cannot or will not pay the obligation. In other words your good credit may be at the mercy of your ex. The next problem is that He/she may not qualify, so you have all the legal obligation to the bank without the legal position of owning the property.
Lastly, there may even be some equity in the house, but in order for you to get your portion of the equity, your spouse might not be able to refinance because the Bank's just aren't lending much anymore, because of the credit crunch. We have had some client's that just pay the other spouse their share of the equity of the house over a long period of time.
It used to be that divorcing couples would fight over which one of them keeps the marital home. Now couples are fighting over which one of them is going to take the marital home. Many of my clients are just letting the house go back to the bank. There is absolutely no benefit for them financially in keeping a home that is worth much, much less than is owed. However, from the lender's standpoint, nothing has changed because both partners are responsible for the mortgage. The only other alternative is a short sale to a third party. Should that occur the deficiency belongs to both of you.
If you are thinking about divorce in North Central Florida, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
Florida Emergency Motions: Is It Really An Emergency? Or Do You Just Need Help Fast.
I frequently have clients who come in and tell me they need an Emergency Motion filed for __________(fill in the blank). The emergency could be that their Husband/Wife is taking the furniture, going to turn off the electricity, or cancel the Husband's/Wife's car insurance. All very important issues, but does it rise to the level of filing an Emergency Ex-Parte Injunction? When is an emergency really and emergency in the eyes of the court?
In the recently released case of Hunter v. Hunter, 2D09-4878, 2010 WL 2077158 (Fla. Dist. Ct. App), the District Court, says that a trial court should only order relief in an Ex-parte proceeding where there exists an immediate threat of irreparable injury that forecloses the opportunity to give reasonable notice. See City of Boca Raton v. Boca Raton Airport Auth., 768 So. 2d 1191, 1192 (Fla. 4th DCA 2000). Thus a motion seeking ex-parte relief "must demonstrate (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur." Id. at 1193 (quoting Smith v. Knight, 679 So. 2d 359, 361 (Fla. 4th DCA 1996)). In the case that was before the DCA, it found that the Wife's motion failed to demonstrate either an immediate threat of irreparable injury or a reason notice could not be given.
The DCA further opined that to the extent that the order grants injunctive relief in the Hunter case, they observed that almost none of the required procedures were followed. According to Florida Family Law Rule of Procedure 12.610(a), injunctive relief in family law cases not related to the need for protection against domestic violence, repeat violence, dating violence, or sexual violence is governed by Florida Rule of Civil Procedure 1.610. Rule 1.610(a)(1), which permits the entry of a temporary injunction without written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B) the movant's attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.
In the Hunter case, the Wife's motion was neither verified nor supported by affidavits. Thus the motion was deficient under rule 1.610(a)(1)(A). Also, the motion did not contain the attorney's certification required under rule 1.601(a)(1)(B). Furthermore, the order itself is defective because it contains no explanation of the reasons for its entry other than "[t]he Emergency Motion is well taken." Thus the order violates rule 1.610(c), which requires that an injunction specify the reasons for entry. See also Hathcock v. Hathcock, 533 So. 2d 802, 804 (Fla. 1st DCA 1988) (holding that an order enjoining the husband from disposing of marital property and awarding the wife temporary exclusive use and possession of the marital home failed to comply with rule 1.610 because it contained no findings concerning why the injury would be irreparable or why the order was granted without notice). Finally, it does not appear that the trial court required the Wife to post a bond as required by rule 1.610(b).
The Court held that the Wife's argument about the Notice Requirement of Rule 1.610(a) concerning the entry of temporary injunctions without notice was woefully insufficient. To send a copy of a motion to opposing counsel without a notice of hearing and to present the motion to the court for the entry of an order granting the motion an hour or so later is unquestionably inadequate notice -- if it may even be deemed notice at all. See City of Ormond Beach v. City of Daytona Beach, 794 So. 2d 660, 663 (Fla. 5th DCA 2001) ("[N]otice encompasses a reasonable opportunity to prepare and offer evidence."); Fla. High Sch. Activities Ass'n v. Benitez, 748 So. 2d 358, 359 (Fla. 5th DCA 1999) ("Notice for temporary injunction purposes means a meaningful opportunity to prepare in order to present evidence and secure a record of the proceedings.").
If you are thinking about divorce, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.
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