Couples going through a divorce rarely agree on every issue. Emotions often run high when discussing child custody, alimony and the division of property. However, there is a clear legal line between an honest disagreement and “bad faith” behavior.
In some cases, a spouse may bring claims to court specifically to harass the other party or to intentionally drive up legal fees. In Florida, this is known as vexatious litigation, and state law gives judges the power to penalize it.
Your protections against bad faith
Florida courts hold the “inherent power” to punish bad behavior. In the 2018 case Maio v. Clarke, the court confirmed that judges can order a spouse who acts in bad faith to pay the other party’s attorney’s fees.
While these awards are reserved for extreme cases, they serve as a critical deterrent. To grant this award, a judge must provide a written finding that describes the specific facts justifying the penalty. These “fee-shifting” orders apply when the litigation is truly wanton or callous.
What constitutes egregious behavior?
Under the inequitable conduct doctrine established in the landmark case Bitterman v. Bitterman, behavior that may trigger sanctions includes:
- Callousness: Showing a total disregard for the legal process, such as making false allegations without any evidence
- Oppression: Using wealth to “out-spend” or overwhelm a spouse with fewer resources
- Wanton actions: Filing repetitive, meritless motions purely to stall the case or cause annoyance
Ultimately, these legal standards serve as a vital safeguard to ensure that one party cannot use the court system to unfairly punish the other.
Protecting your legal rights
The legal system exists to resolve disputes, not to facilitate harassment. If you believe your spouse is using the court system to unfairly target you, it is essential to document every instance of unnecessary delay or false claim. An experienced family lawyer can help you move the court to recognize this behavior and potentially recover your legal costs. By taking proactive steps today, you ensure that your divorce remains focused on a fair resolution rather than a war of attrition.