Posted by Nydia Streets of Streets Law in Florida Divorce
Failure to rebut evidence at a Florida divorce trial may result in the court awarding relief requested by the other party. Rebutting evidence means presenting your own evidence that contradicts or disproves what the other party is claiming. This was an issue in the case Verdasco v. Vazquez, 3D24-0019 (Fla. 3d DCA March 5, 2025).
In the final judgment of dissolution of marriage between the parties, the court awarded the former wife ultimate decision-making authority over the the child’s healthcare and education, awarded the former wife fifty percent of allegedly non-marital property and awarded the former wife all of her attorney’s fees and costs. The former husband appealed.
The appellate court affirmed, holding “The Wife produced competent substantial evidence via her testimony to support her request for ultimate decision-making authority concerning the minor child’s education and healthcare, and the Husband failed to rebut this evidence. The Husband also failed to properly raise the issue of the status as allegedly nonmarital property and failed to produce any evidence to support his contention. Finally, the trial court properly considered each party’s need and ability to pay prior to awarding the Wife her attorneys’ fees and costs.”
Schedule your consultation with a Miami family law attorney to determine how the law may apply to the facts of your case.