IN RE: THE MARRIAGE OF CYNTHIA A. RODRIGUEZ

IN THE CIRCUIT COURT OF THE 1ITH
ruDICIAL
CIRCUIT IN AND FOR
DADE COUNTY, FLORIDA
FAMILY DIVISION
CA S ENO . :0 8 -1 6 4 7F5 C 1 6
IN RE: THE MARRIAGEOF
CYNTHIA A. RODRIGUEZ.
PetitionerAVife.
vs.
ALEXANDERE. RODRIGUEZ,
Respondent/Husband.
HUSBAND'S ANSWER TO WIFEOSPETITION FOR DISSOLUTION OF
MARRIAGE AND HUSBAi\D'S COANTER-PETITION FOR DISSOLUTION
OF MARRIAGE WITH MINOR CHILDREN
Respondent/Husband,ALEXANDER
E. RODRIGUEZ
("Husbffid"), through his
undersigned counsel, hereby files his Answer to the Petition for Dissolution filed by
PetitionerAVife,CYNTHIA A. RODRIGUEZ ("Wife"), and herebyrespondsas follows:
l.
Husbandadmitsthat this purportsto be an actionto dissolvethe parties'marriage.
However, Florida is a "no fault" state,meaningthat a pafi may seek to dissolve a marriage
without a showing of cause. Accordingly, the remaining allegations in Paragraph I are
immaterial and impertinent, and should be stricken as such in accordancewith Rule 12.140,
(asgoverned
(2008).t
Fla.R.Fam.L.P.
by Rule 1.140(0,Fla,R.Civ.P.
t Moreover, in accordance
with Husband'spreviously stateddesireto only litigate the issuesrelevantto
parties'
the enforcementof the
PrenuptialAgreement- - and to not publicly addressissueswhich are not
relevant to the issuessurroundingthe enforcementof the PrenuptialAgreement- - Husbandwill send a
letter to Wife's counsel and requestthat Wife voluntarily withdraw these immaterial allegations(and
amendher Petition for Dissolution accordingly). In the absenceof being able to resolvethis issueout of
the court record, Husband will file a formal Motion to Strike pursuant to Rule 1.140(f), Fla.R.Civ.P.
(2008).
KLUGER, PERETZ, KAPI-{N & BERLIN, P.L. MIAMI CENTER, SEVENTEENTH FLooR, 201 So. BISCAYNE BLVD., MIAMI, FL 33131. 305.379.9000
2385 NW ExEcurrlE
CENTER DRrvE . SurrE 300 . BocA RAToN, FL 33431 . PH: (561) 443-0800 . FAx: (561) 998-0047
CASENO.08-16475FC
t6
2.
Admitted.
3.
Admitted.
4.
Admitted.
5.
Husband admits that the parties' marriage is "irretrievably broken." However,
Florida is a 'ono fault" state, meaning that a pafi may seek to dissolve a marriagewithout a
showing of cause.Accordingly, the remaining allegationsin Paragraph5 are immaterial and
impertinentand shouldbe strickenas suchin accordance
with Rule 12.140,Fla.R.Fam.L.P.
(as
governedby Rule 1.140(f),Fla.R.Civ.P.
(2003).2
6.
Admitted.
7.
Admiued.
8.
Admitted. Husbandadmitsand acknowledgesthat Wife is a loving and nurturing
mother.Husbandis confidentthat he and Wife will be ableto continueto work with one another
to co-parenttheir children togetherand that they will be able to agreeupon a time-sharing
schedulethat takes into considerationthe children's and Wife's schedulesand the practical
realitiesof Husband'sprofessionallife, without the needfor Court intervention.
9.
Husbandhas beenpaying, and will continueto pay for all of the minor children's
actuaf reasonableand bona fide expenses
pendente/ile. Husbandadmits that the parties' minor
children will need to be supportedonce the parties are divorced and he acknowledgeshis
financial ability to supporthis children.Consistentwith the terms of the parties' Prenuptial
Agreement,$61.30, Fla. Stat.(2008),andFinley v. Scott,707. So.2dI I 12 (Fla. 1998),Husband
requeststhat the Court undertakean analysisofthe actual,reasonableand bona fide needsand
lifestyle of the parties' children in determiningthe amountof child supportto be paid.
' Seefootnote1.
I /M057 I 333 v.l ; 7 13012008
05:48 PM }
{Litigation\6605\000
- 2KI,UGER,PERDTZ,KAPI,AN & BF,RI,IN,P,]-.. MIAMI CDNTER,SI1!,E,NTF,ENTH
FLooR, 201 SO, ]]IscAYN}] BL\,.D.,MIAMI, FL 33131. 305.379.9000
2385 NW ExEcurrvE CENTER DRrvE. SurrE 300. BocA RAToN, FL 33431 . PH: (561) 443-0800. Frx: (561) 998-0047
CA S ENO . 0 8 -1 6 4 7 5 F C
t6
10.
Husband admits the allegationsin Paragraph10 to the extent consistentwith
termsand obligationsimposedon him underthe parties' PrenuptialAgreement.
I 1.
Husbanddeniesany duty to supportWife beyondthoseobligationsspecifically
set out in the parties'PrenuptialAgreementand Floridalaw. Husbandreaffirmsthe obligations
imposed on him under the parties' PrenuptialAgreementwhich Wife executedwith the
assistance
of counselof her own choosing,freely and voluntarily,on her own volition and with
full and completefinancial disclosureof Husband'sincome,assetsand liabilities.
12.
Husband admits that the parties own a piece of real property in Coral Gables
where the partiesresidedduring their intact marriageas their "marital home." Husbandreaffirms
the obligationsimposedon him under the parties'PrenuptialAgreementwhich Wife executed
with the assistance
of counselof her own choosing,freely and voluntarily,on her own volition
andwith a full and completefinancialdisclosureof Husband'sincome,assetsand liabilities.
13'
Husbandreaffirms the obligations imposedon him under the parties' Prenuptial
Agreementwhich Wife executedwith the assistance
of counselof her own choosing,freely and
voluntarily,on her own volition and with a full and completefinancialdisclosureof Husband's
income,assetsand liabilities.
14.
Denied. The parties' Prenuptial Agreement controls the distribution of any
'Jointly acquiredproperty." Accordingly, with respectto "assetsacquiredduring the marriage,"
the PrenuptialAgreementshouldbe enforcedpursuantto its terms.
15.
Admittedto the extentconsistentwith theparties'PrenuptialAgreement.
16'
Denied, The parties'PrenuptialAgreementcontrolsthe distributionof any assets
acquiredby the partiesduring their marriage.Accordingly,with respectto the "real andpersonal
property now in Wife's possession,"inclusive of the personalproperty containedin the marital
v.l;7t30/200t05:48pM}
{Litigation\6605\0001/M0571333
_3 _
KLUGER, PERETZ, KAPLAN & BERLIN, P.L.. MrAMr CENTER, SEvENTEENTH FLooR, 201 So. BlscAtr\E BLvD., MrAMr, FL
33131. 305.379.9000
2385 NW ExEcurnE
CENTER DRrvE . SUrTE 300 . BocA R \roN, FL 33431 . pu: (561) zt43-0800 . FAX: (561) 998_0047
CASENO. 08-16475FC 16
home, Husbandrequeststhat the Court enforcethe PrenuptialAgreementthat Wife signedwith
the assistance
of counselof her own choosing,freely and voluntarily,on her own volition and
with a full andcompletefinancialdisclosureof Husband'sincome,assetsandliabilities.
17.
Husband admits and acknowledgeshis obligation to maintain life and health
insurance for the benefit of the parties' minor children during these proceedingsand upon
dissolution.Husband'sobligationto providebenefitsto Wife, uponthe dissolutionof the parties'
marriage,are governedby the parties' PrenuptialAgreement.Pursuantto the parties' Prenuptial
Agreement,Wife will be receiving substantialassetswhich will afford her the ability to pay for
her own health insuranceupon dissolution.
18.
Admitted to the extentconsistentwith the parties' PrenuptialAgreement.
19.
As of this filing, Wife has not conceded(despiteHusband'srequestthat she do
so) the validity of the parties' PrenuptialAgreement.The PrenuptialAgreementprovidesthat the
prevailing party, in any action over the validity of the PrenuptialAgreement,will be entitled to
recover from the non-prevailing party, the reasonableattorney's fees and costs incurred in
connectionwith suchan action. Accordingly,with respectto Wife's requestsfor feesand costs
for her "attorney's and other professionals,"HusbanddeniesWife's entitlementpursuantto the
termsof the PrenuptialAgreement.
20.
Denied. Wife executedthe PrenuptialAgreementwith the assistance
of counsel
of her own choosing,freely and voluntarily,on her own volition and havingthe benefitof a full
and completefinancialdisclosureof Husband'sincome,assetsand liabilities. Accordingly,the
PrenuptialAgreementmust be enforcedconsistentwith its terms.
333 v.l ; 7/30/200805:48 PM}
{Litigation\6605\0001/M0571
-4 KLUGER, PERETZ, KAPLAN & BERI,IN, P,L.. MIAMI CF,NTF,R,STjVE,NTIiF,NTH
FLooR, 201 So, BISCAYNI' BLVD., MIAMI, FL 33131. 305.379.9000
2385 N'W ExEcurrvE CENTERDRrvE. SurrE 300. BocA R \roN, FL33431 , PHr (561) 443-0800. FAx: (561) 998-0047
CASENO. 08-1647s
FC l6
ALEXANDER E. RODRIGUEZ, requeststhat
WHEREFORE, Respondent/Husband,
the Court dissolvethe parties' marriagein accordancewith the terms of the parties' Prenuptial
Agreement,adjudicateall issuesconcerningthe parties'minor childrenand provide suchother
relief asthis Courtdeemsjust andproper.
HUSBAND'S COUNTER-PETITION FOR DISSOLUTION
OF MARRIAGE WITH MINOR CHILDREN
Husband, ALEXANDER
E. RODRIGUEZ ("Husband"), through his undersigned
counsel, hereby files his Counter-Petitionfor Dissolution of Marriage with Minor Children
againstWife, CYNTHIA A. RODRIGAEZ ("Wife"), andalleges:
1.
RESIDENCE OF HUSBAND:
Husbandhas been a residentof Florida for
morethan six (6) monthsprior to the filing of this Petition.
2.
MARRIAGE OF THE PARTIES: Husband and Wife were married to each
otheron November2,2002, in Dallas,Texas.
3.
MILITARY AFFIDAVIT:
Both Husband and Wife are over the age of
eighteen(18) and neitheris, nor hasbeenwithin a periodof thirty (30) daysprior to the frling of
this Petition, a person in the military serviceof the United Statesof America as defined by the
AmendedSoldiers'andSailors'Civil ReliefAct of 1940.
4.
MARRIAGE IRRETRIEVABLY BROKEN:
The marriage between the
partiesis irretrievablybroken.
5.
MINOR CHILDREN:
The partieshavetwo (2) minor children born of the
marriage, to wit: NATASHA A. RODRIGAEZ, born on
RODRIGUEZ, born on
ELLA A.
"Minor Children"). (A completedUniform Child
CustodyJurisdictionand EnforcementAct (UCCJEA)Affidavit will be filed with the Court once
Husbandis ableto returnthe originalverificationpage.)
v.l;7/30/2008 05:48PM}
{Litigation\6605\0001/1\40571333
_ 5 _
KLUGER,PERETZ,KAPII,N & BERLIN,P.L.' MIAMI CENTER,SEVENTEENTH
FLOOR,201SO,BISCAYNE
BLVD,,MIAMI,FL3313'I'305,379.9000
2385NW ExEcurrvE CENTERDRrlE . SurrE 300. BocA ItAroN, FL 33431. PH: (561)443-0800. FAX:(561)998-0047
CASENO. 08-16475FC16
6.
SHARED PARENTAL RESPONSIBILITY: It is in the best interestof the
Minor Children that the Court enter an order providing that the parties share parental
responsibilityover the decisionsaffecting the Minor Children, including, but not limited to, their
wealth,health,educationand religiousupbringing.
7.
TIME-SHARING:
Husbandis a professionalbaseballplayer. In that employ,
he is requiredto travel extensivelyfrom springtraining in March throughthe end of the baseball
seasonin September(and more often than not through the baseballplayoffs in October).Given
the realities of Husband'sprofessionallife, Husbandrequeststhat both partiesare designatedas
"co-residential"parents,realizingthat the children are likely to spendmore time with Wife given
the realitiesof Husband'sprofessionallife. Husbandis confidentthat he and Wife will continue
to work with one another to co-parenttheir children together and that they will be able to
coordinate a mutually acceptabletime-sharing schedule that takes into consideration the
children'sand Wife's schedules
andthe practicalrealitiesof Husband'sprofessionallife without
further Court intervention.
8.
CHILD suPPoRT: Husband acknowledges his obligation to support his
children in accordancewith $61.30,Fla. Stat. (2008). Husbandhas been paying, and will
continue to pay, for all of the Minor Children's expensespendente lite. Consistentwith the
terrns of the parties' PrenuptialAgreement,$61.30,Fla. Stat. (2008), andFinley v. scott,707.
So.2dl1l2 (Fla. 1998),Husbandrequeststhat the Court undertakean analysisof the actual,
reasonable
andbonafide needsand lifestyleof the parties'childrenin determiningthe amountof
child supportto be paid.
9.
DISTRIBUTION
OF
*SEPARATE'
AND
*JOINTLY
ACOUIRED'
PROPERTY: Husband requeststhat the Court first adjudicate the validity of the parties'
Prenuptial Agreement and then distribute the "separate" and 'Jointly acquired" property in
v.l ; 7/30/200805;48PM}
{Litigation\6605\0001/M0s71333
-6 KLUGER, PERETZ, KAPLAN & BERLIL\, P,L,' MIAMI CENTER, SIIWJNTEENTH FL(X)R, 2OI SO. BISCAYNE BLVD., MIAMI, FL 33131' 305,379.9000
2385 NW ExEcurlvE CENTER DRlvE. SurrE 300. BocA RAToN, FI..33431, PH: (561) 443-0800. FAx: (561) 998-0047
CASENO. 08-16475
FC t6
accordancewith the terms of the PrenuptialAgreementreachedbetweenthe parties on October
3,2002.
10.
DISTRIBUTION OF "JOINT"/'.MARITAL"
DEBTS: Husbandrequeststhat
the Court distributeany 'Joint" or "marital" debts(as defined in the Agreement)consistentwith
the termsof the PrenuptialAgreementreachedbetweenthe partieson October3,2002.
11.
ATTORNEY'S FEES AI\D COSTS: As of this filing, Wife has not conceded
to the enforcement or validity of the Prenuptial Agreement (despite several requests by
Husband'scounselthat shedo so). BecauseWife is challengingthe validity of the Agreement,
Husband is entitled to recover from Wife the reasonableattorney's fees and costs he incurs
defendingagainstWife's challengeto invalidatethe PrenuptialAgreement,shouldhe prevail in
suchan action.
WHEREFORE, Husband,ALEXANDER E. RODRIGUEZ, requeststhat the Court:
(a)
take jurisdiction over this cause,the parties,their children and the subject
matter;
(b)
entera Judgmentdissolvingthe marriageof the parties;
(c)
adjudicateall issuesconcerningthe parties' children, including,but not
limited to, child support,"sharedparentalresponsibility''and time-sharing
(if necessary);
(d)
ratiff and enforcethe parties' PrenuptialAgreementpursuantto its terms;
and,
(e)
provide suchother and further relief as this Court deemsjust and proper.
05:48PM}
v.l; 7/30/2008
{Litigation\6605\0001/1\,10571333
-7 KLUGER,PERETZ,KAPTAN& BEpJ-rN,
P.L.. MrAMrCENTER,SEVENTEENTH
FLoo& 201So. BrscAyNEBL!D., MrAMr,FL 33131.305.379.9000
. F^* (561)998-0047
2385NW ExEcuTrvE CENTERDRr\€ . SuirE 300. BocA MToN, FL 33431. PH: (561),143-0800
C
CASENO.08- 16475F16
KLUGER, PERETZ, KAPLAN & BERLIN, P.L.
band
CounseI for Respo.ndent/Hus
Miami Center,17'nFloor
201 SouthBiscayneBlvd.
Miami,Florida33131
PhoneNo. (305)379-9000
Fax No. (305) 379-3428
P \/.
ALAN J. KLUGER
FloridaBarNo.: 200379
BY:
JASON R. MARKS
FloridaBar No.: 144584
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the forgoing was furnishedvia
day of July, upon Maurice Jay Kutner, Kutner and
facsimile and U.S. Mail on this _
rh
Associates,
I l"'Floor-Courthouse
Tower,44 West FlaglerStreet,Miami, Florida33130;Earle
S. Lilly, Esq., Lilly Law Office,4544 Post Oak Place,Suite 380, Houston,TX 77027; and
Cynthia L. Greene, Esq., GreeneSmith & Associates,P.A., 7340 S.W. 6l't Court, Miami,
Florida33143.
BY:
JASON R. MARKS
333 v.l ; 7 13012008
05:48 PM}
{Litigation\6605\0001/M0571
-8 KT-UGER,PERETZ, KAPI.AN & BE,RI,IN,P.L.' MIAMI CF,NTER,SI,:,VENTEIiNTHFLOOR,2O1 SO. BISCAYNE BI,VD., MIAMI, FL 33131' 305.379.9000
2385 NW ExEcurlvF. CF.NTERf)RlvE. SulrE 300. BocA R^TON-,FI- 33431 . Ps: (561) 443-0800. FAx: (561) 998-0047