Posted by Nydia Streets of Streets Law in Florida Divorce

Sometimes, believe it or not, the court gets it wrong and errors must be corrected on appeal as was the case in Davis v. Davis, 4D17-1644 (Fla. 4th DCA 2018). In a Florida divorce case, a court is required to make certain findings related to equitable distribution, child support, alimony and child custody. In the Davis case, the trial court failed to make certain findings on multiple issues, resulting in the appellate court having to reverse the final judgment.

The husband filed his petition for dissolution of marriage stating there were no marital assets or debts to divide. The wife answered, stating there were assets and debts to divide and requesting alimony. Despite this, the trial court issued a final judgment stating there were no equitable distribution issues and no claim for alimony. 

Additionally, the parties disputed the parenting plan - the wife apparently moved outside of the county in which the case was pending, and the court ruled the children should live in that county. The wife then moved back to the county in which the case was pending and requested an amended final judgment. An amended order was entered which only granted her every other weekend timesharing. 

Last, even though there were four children born during the marriage, the court's final judgment stated that only two were born during the marriage. The appellate court reversed the trial court's final judgment, holding it had to consider equitable distribution and alimony, and it had to make a determination as to the husband's rights and responsibilities regarding the other two children, even if those children were proven not to be biologically related to him. 

Preserving your claims and defenses in your Florida divorce may start with a consultation with a Florida divorce lawyer. Set a consultation today to determine your best options in moving forward.