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Are you Going Through a Divorce and your Spouse Owned Real Property at the Time of your Marriage?

by Michael Diaz
August 15, 2014October 13, 2014

When you married your spouse, did he/she own any real property, or their own home? Did you and your spouse make payments towards the mortgage during your marriage, with marital funds? If the answer to both questions is “yes”, then you are entitled to share in the increased equity in your spouse’s residence, at the time of your divorce.Read More »Are you Going Through a Divorce and your Spouse Owned Real Property at the Time of your Marriage?

Congratulations to Karen B. Weintraub, Esquire

by Michael Diaz
August 13, 2014March 21, 2017

The Firm would like to congratulate Karen B. Weintraub for being named individually among the Top Attorneys in 2014 South Florida Legal Guide. To view the original published… Read More »Congratulations to Karen B. Weintraub, Esquire

Attorney’s Fee Award

by Karen Weintraub, Esq.
July 18, 2014October 13, 2014

An award of attorney’s fees to a party in a matrimonial proceeding must meet the specific requirements of F.S. 61.16, Fla. Patient’s Comp. Fund. V. Rowe, 472 So.2d 1145 (Fla. 1985) and other legal precedent. Recently, Florida’s First District Court of Appeal reversed an award of attorney’s fees to the Wife, in Robert Mitchell v. Cynthia Mitchell, 2014 WL 2751058 (Fla. App. 1 Dist.). In this case, the appellate court found that the Trial Court erred in its award of attorney’s fees to the Wife, because the Trial Court failed to comply with Section 61.16 of the Florida Statutes (2013). When a Trial Court makes and award of attorney’s fees, there must be an explicit and stated finding as to the attorney’s hours expended, hourly rate and reasonableness of the fee.Read More »Attorney’s Fee Award

Conflicting Child Custody Jurisdiction Between the Florida State Courts and Tribal Courts

by Karen Weintraub, Esq.
July 11, 2014October 13, 2014

The Third District Court of Appeal recently entered a compelling ruling in Layla Billie v. Kevin Stier, 2014 WL 1613661 (Fla. App. 3 Dist.), regarding Tribal Court child custody jurisdiction. In that case, the Third District held that since the Tribal Court did not “substantially comply” with the basic procedural jurisdictional requirements as delineated by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), child custody jurisdiction must remain with the Florida Courts, and not in the Miccosukee Tribal Courts.Read More »Conflicting Child Custody Jurisdiction Between the Florida State Courts and Tribal Courts