In a case that might represent a metaphor for the process of divorce consuming the last of the love between two people, a recent case touches also on the realities of divorce litigation and its expense. In the case of Rosaler v. Rosaler, 42 Fla. L. Weekly D1061a (Fla 4th DCA 2017), the Court remanded the final judgment of divorce to allow the trial court to reassess financial findings in the case. The wife in the action had sold her diamond ring from the marriage and used the approximately $60,0000 proceeds to fund her legal battle with the husband.
In the course of making the final determination, the trial court considered the $60,000 part of the wife's share of the marital estate rather than a temporary support payment, according to the Appellate Court, and without making proper findings that the wife had entitlement to temporary support in the form of attorneys' fees (i.e., an inability to pay and need and an ability to pay by the husband). Therefore, the wife suffered potentially a $30,000 loss as a result of the judgment as a result of improper ruling not based on findings by the Court.
Leaving aside the other metaphorical considerations for the moment, this case should serve as a reminder to parties in a divorce that mistakes can be made, even by judges, and the assistance of competent counsel at the appellate level may have made the difference in many thousands of dollars for this now former wife. If you have questions about your divorce or the process of obtaining one, speak to the outstanding family law attorneys at Icard Merrill today.
The Guardian Ad Litem program is a well-established effort for helping kids who are neglected and abused. Until recently though, there was no such program for kids caught in high-conflict divorce cases.
Too often, judges struggle to obtain objective information about how the kids are faring in these difficult circumstances.
When launching the new program, judges in the 12th Judicial Circuit (Sarasota) Family Division reached out to Icard-Merrill about helping out. As of this writing, we are proud to announce that almost 25 attorneys have volunteered.
Attorneys who participate in the program will have powers similar to volunteers in the traditional Guardian Ad Litem program. Pursuant to Florida statutes, they will have broad powers to investigate, report and make recommendations to judges concerning the child’s well-being.
The inspiration for the program stems from a similar effort launched in Pinellas County. After seeing the success of the program, Judges Charles E. Williams and Lee E. Haworth decided to give it a try in their district.
Attorneys participating in the program will be required to complete specialized training before taking on any cases. Judges in the family law division will identify cases where they feel require an extra set of eyes and ears to ensure the well-being of kids caught in this difficult situation.
We are eager to help the 12th circuit make this program a success. As family law and divorce attorneys, we’re keenly aware of how bitter arguments over custody and assets can be harmful to any kids involved.
To learn more about the program and our firm’s activities, check out this roundtable discussion that aired on local TV earlier this year.
The recent media coverage of National Football League (“NFL”) player Ray Rice, formerly of the Baltimore Ravens, has placed a spotlight on domestic violence in American society. The saga of the pro star has gripped the nation and brought back memories of past celebrities and sports stars accused of domestic violence.
Continue reading for a brief timeline of events surrounding the case of Ray Rice, which is current as of this writing. We’ll provide updates as the case progresses and more information becomes available.
More information on the process of seeking an injunction against domestic violence in Florida is available here.
If you’ve been victimized by domestic violence, get help immediately, be it through friends and family, or organizations like the National Domestic Violence Hotline or the Florida Coalition Against Domestic Violence. And to discuss your individual situation from a legal perspective, contact domestic violence attorneys at Sarasota’s Icard-Merrill today.