Navigating Florida family law can be complex, especially when dealing with contentious issues and less-than-forthright legal maneuvers. One such tactic is the filing of a "sham pleading," a document designed to harass, delay, or mislead the court and the opposing party. Understanding how to address this situation is crucial for protecting your rights and achieving a fair resolution. This guide will explore the intricacies of filing a Motion to Strike a Sham Pleading in Florida family law.
What Constitutes a Sham Pleading in Florida Family Law?
A sham pleading, in the context of Florida family law, is a pleading that lacks a good faith basis in law or fact. It's not simply a poorly written or technically flawed document; it's a document intentionally filed with the knowledge that its claims are baseless. This malicious intent is key to establishing a sham pleading. Examples include:
- Frivolous Claims: Asserting claims without any factual support or legal basis, intending to waste the opposing party's time and resources.
- Misrepresentation of Facts: Knowingly including false or misleading information in the pleading to deceive the court.
- Repetitive or Redundant Filings: Repeatedly filing substantially similar pleadings with minor changes, clogging the court system.
- Filing to Harass: Using the legal process solely to harass or intimidate the opposing party.
It's important to note that a mere disagreement with the opposing party's claims does not automatically constitute a sham pleading. The intent behind the filing must be demonstrably malicious or designed to obstruct justice.
How to File a Motion to Strike a Sham Pleading in Florida
Filing a Motion to Strike a Sham Pleading requires a careful and strategic approach. You'll need to demonstrate to the court that the opposing party's pleading is indeed a sham, lacking good faith and intending to improperly influence the legal proceedings. The motion should clearly articulate the following:
- Specific Allegations: Identify precisely which portions of the opposing party's pleading are considered sham. Quote the specific language and explain why it's baseless.
- Factual Support: Provide evidence demonstrating the lack of factual support for the opposing party's claims. This might include affidavits, documents, or other evidence refuting the assertions.
- Legal Argument: Explain why the claims are legally insufficient. Cite relevant case law and statutes supporting your argument that the pleading lacks a good-faith basis in law.
- Request for Relief: Clearly state the relief you seek, which is typically the striking of the sham pleading and potentially sanctions against the offending party.
Remember: Florida courts take seriously the filing of frivolous pleadings. Judges expect parties to act in good faith. Therefore, it's crucial to ensure that your own Motion to Strike is well-supported and based on solid legal and factual grounds. A poorly-crafted motion could backfire and negatively impact your case.
What are the Potential Consequences of Filing a Sham Pleading?
Filing a sham pleading in Florida family law can lead to several severe consequences:
- Striking of the Pleading: The court will remove the offending pleading from the case record.
- Sanctions: The court may impose sanctions on the offending party, which could include monetary fines or attorney's fees.
- Reputational Damage: Filing a sham pleading can significantly damage the credibility of the party involved.
- Adverse Inferences: The court may draw adverse inferences against the party who filed the sham pleading.
What if the Other Party Claims My Pleading is a Sham?
If the opposing party accuses your pleading of being a sham, carefully review your own filing. Ensure you have strong factual and legal support for each claim. Consult with your attorney immediately to address the concerns and potentially amend or supplement your pleading to avoid negative consequences. Providing strong evidence and clearly articulating your position is crucial in such a scenario.
Can I File a Motion to Strike if the Pleading Contains Both Legitimate and Sham Components?
Yes, you can file a Motion to Strike the sham components. The motion should specifically identify the portions of the pleading deemed improper and request that only those portions be stricken, leaving the legitimate parts intact.
This information is for educational purposes only and should not be considered legal advice. Always consult with a qualified Florida family law attorney for advice tailored to your specific situation. The complexities of family law necessitate professional legal guidance.
