Posted by Nydia Streets of Streets Law in Florida Divorce
Why is it important to have a court reporter at your final hearing in your Florida divorce case? For one, it may be difficult to appeal an adverse ruling made against you at the hearing without a transcript of what was said. Nonetheless, it may still be possible to appeal an order if it contains clear errors. This was the case in Diaz v. Diaz, 3D19-493 (Fla. 3d DCA March 18, 2020).
The parties were married for almost 50 years by the time the former husband filed a petition for divorce. Throughout their marriage, they acquired significant real property. In his petition for divorce, the former husband requested that the properties be sold and the proceeds distributed in accordance with the Florida Statutes, taking into consideration the former wife’s bad faith actions. The former wife countered that there should be an equitable distribution of the properties, with an award of special equity to her to account for the former husband’s alleged dissipation of marital assets.
After a hearing, the trial court instructed the attorneys for each party to provide a proposed final judgment. The former wife’s attorney timely submitted the proposed judgment which the court adopted. The final judgment awarded a majority of the marital assets to the former wife and found that she was entitled to special equity. This resulted in the former wife receiving an unequal distribution of over $300,000 in her favor. The former husband appealed.
The appellate court reversed, holding it was error for the court to award the former wife a disproportionate share of the marital estate without making findings that would justify that award. Additionally, since special equity was previously abolished by the Florida legislature, it was error for the trial court to award the same to the former wife. Last, the appellate court noted that the trial court failed to account for and consider all marital assets and debts listed in the parties’ financial affidavits.
Division of assets and debts acquired during a long-term marriage may be complicated. This is why it is important to consult with a Miami divorce lawyer to go over the facts of your case and form a plan on how to move forward.