Sometimes, your divorce may have a substantial impact on your personal life but be limited to that. Other times, your divorce has the potential to impact both your personal life and your business life. A court order in your divorce case that freezes all your assets, for example, may have a significant and debilitating effect on your business activities, as well as impair your ability to meet your personal financial obligations. Avoiding such problems requires many steps, including mounting an aggressive defense to avoid outcomes like an injunction that freezes your assets. When you find yourself in such a divorce battle, it pays to have skilled South Florida divorce counsel on your side.
A recent Broward County case was an example of this. In the case, the wife, C.O., had obtained a divorce judgment that required the husband, W.O., to pay both alimony and child support. Sometime later, the wife obtained a judgment for certain unpaid amounts of alimony and child support. Following her obtaining that judgment, the wife went back to court and sought an injunction that would have frozen all of the husband’s assets, including his impending inheritance.
When your spouse seeks an injunction, such as one that would freeze all of your assets, the law requires her to provide the court with certain evidence before the court grants the request and issues the injunction. For one thing, the party who asked for the injunction has to demonstrate that she has a substantial likelihood of winning in the underlying litigation action. Additionally, she has to show that, if the court doesn’t grant her the injunction for which she’s asked, then she will suffer “irreparable” harm. Generally, any type of harm that can be fully and fairly compensated later through an award of money damages cannot constitute “irreparable” harm under the law.