Kenny Leigh & Associates specializes in divorce as well as other family law litigation, and represents men exclusively. The following are some of our cases and the results we have attained. As you read the examples below, you should keep in mind that the facts may be different from your case; nuances exist in every case that may not be obvious, but that can definitely affect the outcome. Additionally, a judge could wake up on a different side of the bed one day, causing a completely different ruling.
When dividing proceeds from a personal injury lawsuit, it is important first to go the equitable distribution statute. Basically, everything that was acquired from the point of marriage to the point of filing a petition is marital and subject to equitable distribution. The rule of thumb is that everything gets split equally. Even though a person may not acquire funds from a personal injury lawsuit, if the action took place during this timeframe (point of marriage to point of filing) then that money could be subject to equitable distribution. Also, as with any blog and the law, it is important to remember that when you read these blogs, although it may seem directly on point, there is a lot of gray area in the law and your case may differ ever so slightly. Also, prenuptial agreements can come into play on stuff like this as well. When trying to determine how to separate personal injury, or tort, proceeds, the court should take an analytical approach to look at the nature of a workers’ compensation or personal injury damage award to determine whether property is separate, belonging to one of the spouses, or marital property subject to equitable distribution.
As with any law, there are so many different ways that things can happen. Every case is specific to the facts of its case, so there is no one-size-fits-all approach to any law, especially alimony. General rules and case law and statutes regarding alimony are pretty straightforward and follow. Need and ability to pay are main findings required for alimony, a trial court errs in its alimony award when it lacks required factual findings. A trial court must provide factual findings in most cases. For example, one trial court erred by providing automatic increases in alimony payments when child reaches majority, without making specific findings. In that case, the final judgment provided for an automatic increase in alimony when child support payments terminated and failed to articulate any reason or factual findings to support the automatic increase. This is impermissible. A party’s ability to pay alimony should be based on that party’s net income, not gross income.
It is a family law/divorce litigation firm that represents only men in the State of Florida. When litigating, a firm really needs to be up to date on their knowledge of evidence. There are so many little nuances in the law, which is why it is really important or at the very least wise to have an attorney if you are litigating anything of any value. A spontaneous statement is a hearsay exception. It is a statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when made under circumstances indicating a lack of trustworthiness. Such statements can be offered in lieu of a child’s testimony where the child relays to a third person something that has just occurred that the child perceived or experienced. An excited utterance is a hearsay exception as well.