Filing # 159405052 E-Filed 10/17/2022 04:52:16 PM
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`FAMILY DIVISION
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`IN RE: The Marriage of
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`SHARRON ELKABAS,
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`CASE NO.:
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`Petitioner/Husband,
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`v.
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`GABRIELA FRANCELINA
`DE SOUZA RODRIGUEZ ELKABAS,
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`Respondent/Wife
`_________________________/
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`PETITIONER/HUSBANDS’S VERIFIED PETITION FOR DISSOLUTION OF MARRIAGE
`WITH MINOR CHILDREN
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`Petitioner SHARRON ELKABAS, (“Petitioner/Husband”), by and through undersigned
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`counsel and files this Petition for Dissolution of Marriage from GABRIELA FRANCELINA DE
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`SOUZA RODRIGUEZ ELKABAS, ("Respondent/Wife"), and says the following:
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`ACTION FOR DISSOLUTION OF MARRIAGE
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`This is an action for dissolution of marriage.
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`The marriage between the parties is irretrievably broken.
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`RESIDENCE AND VENUE
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`Both parties have been a resident of the State of Florida for more than six months before
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`1.
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`2.
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`3.
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`filing this Petition.
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`4.
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`5.
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`Venue is proper in Miami-Dade County, Florida.
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`MILITARY SERVICE
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`Both parties are over 18 and neither party is a member of the military service.
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`NAVARRO
`66 W. Flagler Street, 6th Floor, Miami, FL 33130
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`
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`FAMILY DIVISION
`
`
`
`
`
`
`
`
`
`
`
`
`IN RE: The Marriage of
`
`SHARRON ELKABAS,
`
`CASE NO.:
`
`Petitioner/Husband,
`
`v.
`
`GABRIELA FRANCELINA
`DE SOUZA RODRIGUEZ ELKABAS,
`
`
`Respondent/Wife
`_________________________/
`
`PETITIONER/HUSBANDS’S VERIFIED PETITION FOR DISSOLUTION OF MARRIAGE
`WITH MINOR CHILDREN
`
`Petitioner SHARRON ELKABAS, (“Petitioner/Husband”), by and through undersigned
`
`counsel and files this Petition for Dissolution of Marriage from GABRIELA FRANCELINA DE
`
`SOUZA RODRIGUEZ ELKABAS, ("Respondent/Wife"), and says the following:
`
`ACTION FOR DISSOLUTION OF MARRIAGE
`
`This is an action for dissolution of marriage.
`
`The marriage between the parties is irretrievably broken.
`
`RESIDENCE AND VENUE
`
`Both parties have been a resident of the State of Florida for more than six months before
`
`1.
`
`2.
`
`3.
`
`filing this Petition.
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`4.
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`5.
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`Venue is proper in Miami-Dade County, Florida.
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`MILITARY SERVICE
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`Both parties are over 18 and neither party is a member of the military service.
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`
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`NAVARRO
`66 W. Flagler Street, 6th Floor, Miami, FL 33130
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`MARRIAGE HISTORY
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`6.
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`The Petitioner and Respondent were married to each other on July 27, 2011, in London,
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`England and cohabited together as husband and wife until their final separation.
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`7.
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`On August 5, 2011, the parties entered into a post-nuptial agreement1 (“Post-Nuptial
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`Agreement”).
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`8.
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`9.
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`There one (1) minor child common to both parties, J.L., born March 9, 2010.
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`On March 10, 2020, the Petitioner filed for dissolution of marriage (“Initial Petition”)
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`due to acts on behalf of the Respondents that included but not limited to, physical and mental abuse
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`against the Petitioner and minor child. Petitioner and Respondent have been separated since early 2020.
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`10.
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`In June 2021, the Petitioner dismissed the Initial Petition in an attempt to come to
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`amicable terms with the Respondent but to no avail.
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`11.
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`On October 14, 2022, the Petitioner filed a Petition for Injunction for Protection against
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`domestic violence with children (“Petition for Injunction”) and was granted sole custody of their minor
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`son and exclusive use of the marital home.
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`12.
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`A hearing is currently set for October 28, 2022.
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`Physical, Mental, and Emotional Abuse
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`13.
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`In the recent years, the Respondent has again begun to be physically and emotionally
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`abusive to the Petitioner and the minor child.
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`14. While on a drug effused rage, the Respondent physically abused the minor child and
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`the Petitioner to the point of lacerating Petitioner arm and threatening to kill him and herself.
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`15.
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`On October 6, 2022, the Respondent had a verbal dispute with the parties minor son
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`after he expressed to her his want to remain living with the Father once the parties divorce was finalize.
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`1 A copy of the Post-Nuptial Agreement will be filed under separate cover in order to conceal any personal
`information contained therein.
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`2
`NAVARRO
`66 W. Flagler Street, 6th Floor, Miami, FL 33130
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`
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`PARENTAL RESPONSIBILITY AND TIME-SHARING
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`Alcohol abuse and use of Cocaine and other drugs by the Respondent
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`16.
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`Since the parties separation in early 2020, the Respondent’s alcohol abuse and
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`recreational drugs, such as cocaine, mushroom, and ketamine has increased significantly.
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`17.
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`The Respondent has drained the Petitioner financially by overspending while parting
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`with her friends and boyfriend, eating out, purchasing of illegal drugs, and using his credit cards
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`without the Petitioner’s consent.
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`18.
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`Due to the Respondent’s actions, continuous drug and alcohol abuse, psychological
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`and verbal abuse, the Petitioner has been solely responsible of the minor child’s caretaking and
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`wellbeing.
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`19.
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`It is in the child’s best interest that the Petitioner be granted sole custody of their minor
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`son, and the Respondent be only allowed supervised visitation.
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`20.
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`The Court should establish a Parenting Plan that grants the Petitioner sole custody of
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`the child.
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`Marital Waste, Assets and Liabilities
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`21.
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` Respondent has engaged in marital waste and dissipation of marital assets over the
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`course of the marriage and Petitioner is entitled to credit and recovery of his marital share of said waste.
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`22.
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`The Petitioner and Respondent resided with the Respondent and the minor child at the
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`marital home (“Marital Home”) located on 250 E. San Marino Drive, Miami Beach, Florida 33139 but
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`have been sleeping in separate bedrooms since early 2020.
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`23.
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`On October 14, 2022, a Petition for Injunction was filed where the Respondent was
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`ordered to leave the Marial Home.
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`24.
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`Petitioner requests that the Court allow the Petitioner and the minor child exclusive and
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`sole use of the Marital Home.
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`3
`NAVARRO
`66 W. Flagler Street, 6th Floor, Miami, FL 33130
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`25.
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`Further, Petitioner requests that the Court make a determination of the marital waste
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`and that the marital assets, liabilities or marital debts be divided equally between the parties.
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`26.
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`It is in the best interests of the parties that the parties be ordered to comply with a
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`Marital Settlement Agreement signed by the parties.
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`CHILD SUPPORT
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`27.
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`Petitioner requests that the Court award child support as determined by Florida’s Child
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`Support guidelines, Section 61.30, of the Florida Statutes. Child support guidelines will be filed.
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`HEALTH INSURANCE
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`28.
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`Petitioner does not object to full responsibility of the minor child’s health insurance
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`costs.
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`LIFE INSURANCE
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`29.
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`Petitioner requests that life insurance be provided by both parties to secure child
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`support.
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`ATTORNEY’S FEES AND COSTS
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`30.
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`Petitioner/Husband has employed NAVARRO – Attorneys at Law to represent him in
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`this action and has agreed to pay a reasonable attorney’s fee, costs and suit money for this
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`representation.
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`31.
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`The Court should award to the husband attorneys’ fees pursuant to Rosen v. Rosen, 696
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`So.2d 697 (Fla. 1997) if the Wife engages in vexatious litigation.
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`OTHER
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`27.
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`28.
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`29.
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`A completed Family Law Financial Affidavit will be timely filed.
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`.A completed Notice of Social Security Number will be timely filed.
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`A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
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`Affidavit, will be filed with this petition.
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`4
`NAVARRO
`66 W. Flagler Street, 6th Floor, Miami, FL 33130
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`
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`WHEREFORE, the Petitioner/Husband SHARRON ELKABAS requests this Court to grant
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`the Petitioner the relief specifically requested and grant such other and further relief as this Court may
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`deem just and proper:
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`(A)
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`(B)
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`(C)
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`(D)
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`Grant the relief specifically requested in this Petition;
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`Enter a Final Judgment dissolving the marriage;
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`Establish a Marital Settlement Agreement signed by the parties;
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`Award such further relief as the court may deem just and proper under the
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`circumstances.
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`Dated: October 17, 2022
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`Respectfully submitted,
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`NAVARRO
`Attorneys at Law
`Counsel for the Petitioner/Husband
`66 W. Flagler Street, 6th Floor
`Miami, Florida 33130
`Tel: 305-447-8707
`Fax: 305-447-3787
`E-mail: lou@nmbesq.com
` civil@nmbesq.com
` mromo@nmbesq.com
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`By: /s/ Luis F. Navarro
`Luis F. Navarro, Esq.
`Florida Bar No.: 629359
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`5
`NAVARRO
`66 W. Flagler Street, 6th Floor, Miami, FL 33130
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`
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`I understand that I am swearingor affirming under oath to the truthfulness of the claims
`made in this petition and that the punishment for knowingly making a false statement
`includes fines and/or imprisonment.
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`) 7] 2022
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`Dated:
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`/O/
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`STATE OF FLORIDA)
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`COUNTY OF MIAMIDADE)
`The foregoing instrument was acknowledged before methis Tay of Octoper W22py
`Sharroy) Elka Was
`, who is personally known to me or has produced
`Drivérs LiCeNSé€
`_as personal identification and who did { } did not me take an oath.
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`NOTARY PUBLIC, STATE OF FLORIDA
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`my commission expires:
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`Expires 06/16/2023
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`Notary Public State of Florida
`Mercy Romo
`My Commission GG 345648
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`6
`NAVARRO
`66 W. Flagler Street, 6"" Floor, Miami, FL 33130
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