Osceola County, Florida Divorce/Custody Matter A.L. v. E.L.

Summary: Prior to the filing for divorce, the Wife filed a Domestic Violence injunction against the Husband, in order to gain an upper hand against the Husband. In March 2015, the Wife filed a Petition for Dissolution of Marriage and within her Petition requested alimony along with a request for majority timesharing and sole parental responsibility. Upon being served with the divorce action, the Husband retained Bernal-Mora & Nickolaou to represent him. During the pendency of the litigation, the Wife made voluminous amounts of false allegations against the Husband including several false reports to DCF. The Wife’s actions were clearly in an attempt to bar the Husband from a having a meaningful relationship with the minor child. Due to the Wife’s actions, Attorney Nickolaou filed several Motions with the Court in order to obtain contact for the Husband without the Wife’s unnecessary restrictions. At the temporary relief hearing, the Court awarded the Husband equal timesharing with the minor child. Wife continued to take action to reduce and intervene in the Husband’s timesharing with the minor child. In June 2016, trial was held on the pending issues of the divorce action. Wife’s Counsel continued to argue the need to reduce the Husband’s timesharing based on the Wife’s claims and to award the Wife alimony due to the Husband’s income.

Resolution: The Court ordered that the parties continue to exercise equal timesharing with the minor child. The Court reprimanded the Wife for her actions during the litigation and ordered that should her actions continue that the Court would consider awarding the Husband majority timesharing with the minor child. In addition, the Court denied the Wife’s request for alimony and attorney’s fees. Due to the Wife’s actions during the pendency of the case, the Court awarded the Wife to pay towards the Husband’s attorney’s fees.