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Legal Separation Florida

Dissolution Of Marriage

In the case of Stefano Guizzardi v. Rosario Guizzardi, the former husband appealed a post dissolution order that granted the former wife the ability to relocate their children to Peru. The former husband’s argument regarding the appeal was that the trial court erred in applying the new relocation request statute instead of the correct statute governing all relocation requirements. The court had jurisdiction to hear the relocation request and the new law’s provisions did apply to the requirements of relocation. However, the wife was not granted the ability to relocate the children to Peru because the court did not find a substantial change in circumstances that would merit the modification of the final judgment which included a provision against the relocation of the minor children without the other parent’s full consent.

In the case of Florence Franks v. Eugene Franks Jr., the trial court found that the former wife resided in Florida for six months before the petition for a dissolution of marriage was filed. The court was also able to address the former wife’s request for attorney’s fees and did not abuse its discretion when they named the former wife a beneficiary of a military survivor benefit plan to keep her portion of the Navy retired pay from her former husband. However, the court did fail to create an extensive and appropriate bridge the gap alimony for a period of 24 months. There was a remand for the trail court to clarify the character of the alimony awarded to the former wife and to rule on the former husband’s motion seeking clarification on the asset distribution.

There was an issue regarding rehabilitative alimony and the amount that was to be awarded during a two year period in the case of Adams Katz v. Jennifer Katz. The award of rehabilitative alimony that was to be granted to the wife was supposed to be put towards professional licenses and memberships. In the final judgment the award of rehabilitative alimony for the two year period would have equaled ten years of licenses and memberships. On remand the trial court will have to revisit the amount of rehabilitative alimony for the former wife so it can be incongruence with her needs and the financial ability of the former husband.

In a dissolution of marriage and child custody case of Kay Culbertson v. Victor Brad Culbertson, there was a dependent child who needed extensive amount of medical care and around the clock attention for his health. Trail court did not abuse its discretion when it granted the father unsupervised overnight shared visitation with the children. There were some disturbing aspects of the father’s testimony that made it seem as though the father was insensitive to the children’s needs. However evidence did show that the father was able to take care of the child’s medical condition and could deal with the medical emergencies.

A dissolution of marriage and alimony case of Florence Penni Silverman v. Syndey I. Silverman, developed an error when the Court failed to grant the former wife an increase in alimony on the grounds that her cost of living had changed. There was apparently no evidence that they wife’s standard of living had reduced because of inflation. Alimony is supposed to leave the former spouse with a life style similar to that enjoyed in the marriage, and the wife’s main argument was that her lifestyle was very different from the one she previously experienced while married.

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