A party, in order to modify a final judgment of dissolution of marriage, must allege and prove an unanticipated substantial, material change in circumstances since the entry of the final judgment.  See the case of Chapman v. Prevatt, 845 So.2d 976 (Fla. 4th DCA 2003) for a further discussion of this topic.

In Blevins v. Blevins, 172 So. 3rd 568 (Florida 5th DCA 2015), the former husband successfully appealed his former wife’s supplemental petition seeking to modify their final judgment of dissolution of marriage.  The modification order in this case was based primarily upon the court’s concern regarding the distance of the child’s school, which was a one-hour drive from the former wife’s residence.

The residence of both the mother and father were known to the court at the time of the final judgment, when the court designated the father’s residence as the child’s legal address and address to be used for school designation purposes.  Any concerns related to this particular issue cannot form the basis for the modification order.

There are also many cases that stand for the proposition that “parents’ inability to communicate does not satisfy the substantial change requirement for modification.”   A parent needs to prove more than merely an acrimonious relationship and a lack of effective communication in order to show a substantial change in circumstances.

Modification proceedings can be straightforward or complicated, depending on the facts involved. Call Boca Raton divorce attorney Alan R. Burton at 954-295-9222 to assist you in reviewing the facts of your case that you want to rely on in seeking a modification of your divorce decree.

The right to file an appeal is not without limitations. Appeals will be dismissed in dissolution of marriage cases where the appealing party has been held in contempt for failure to pay court-ordered support, or if the appealing party does not comply with the trial court’s orders within a set period of time.

Where an appealing party has disobeyed an order from the trial court, the appellate court may, in its discretion, either entertain or dismiss an appeal.  Where dismissal is ordered, it is mandatory however, that the disobedient appealing party be given a period of grace, prior to the effective date of the dismissal, in which to comply with the disobeyed order.

In Whissell v. Whissell, (Fla. 4th DCA 2015), the husband filed an appeal, asking the appellate court to review the final judgment entered in his case.  The husband had previously been found in contempt of court multiple times during the course of his trial proceedings.  The appellate court refused to address the complaints asserted by the husband, but rather remanded his case back to the trial court, in order for the trial court to give him time to comply with the court orders issued in his case.  Only after such time would the court entertain his appeal.

Alan R. Burton is an experienced attorney, practicing in Boca Raton and Fort Lauderdale, Florida. He has argued many appeals before the 4th District Court of Appeal, as well appearing before the Florida Supreme Court.  If you have questions about your divorce or are considering an appeal of your case, you should call Alan R. Burton today at (954) 229-1660 or 954-295-9222 and schedule a conference to discuss your case.