Vexatious Litigation

What happens when the courtroom becomes a tool for revenge? Vexatious litigation isn’t about justice; it’s about disruption. Repeated lawsuits, frivolous claims, and endless motions can wreak havoc on your life. For families in Fort Myers, this isn’t just annoying—it’s draining. At Bergermann Law Firm, we’ve seen the toll it takes. More importantly, we know how to fight back.

1. What Is Vexatious Litigation?

At its core, vexatious litigation is abuse of the legal system. It’s filing baseless lawsuits or motions to harass or control another party.

In family law, this often looks like an ex-spouse who files repeated motions to modify custody or challenge agreements—without merit. It’s not about resolving disputes; it’s about dragging you into a never-ending legal battle. These tactics are disruptive, expensive, and emotionally exhausting.

Why does it matter? Because the law exists to resolve disputes, not perpetuate them. When someone uses the system for their own vendetta, it undermines fairness and wastes everyone’s time.

2. How Do I Know If It’s Vexatious?

Not every legal dispute is vexatious. Y ou tell when it crosses the line by looking for patterns in the other person’s behavior.

Is your ex-spouse repeatedly filing cases without valid claims? Are their actions causing unnecessary delays, expenses, or stress for you? Judges are trained to recognize these tactics, but they need proof, so d ocument everything. This includes keeping documentation for e very motion, hearing, or frivolous claim, as this builds your case. The stronger your evidence, the easier it is for the court to act.

3. What Does Florida Law Say About It?

Florida courts don’t take kindly to abuse of the legal process. Although the state’s Vexatious Litigant Law (§ 68.093) does not apply to family law cases, family courts have inherent authority to handle these situations and they do.

Judges can impose sanctions, award attorney’s fees, or restrict future filings. For example, if someone files repetitive motions without merit, the court may require them to seek approval before filing again. These measures help protect victims from being dragged into endless litigation.

4. Can I Protect Myself from Vexatious Litigation?

Yes, and it starts with preparation. Your first line of defense is documentation, this means k eeping a record of every interaction, court filing, and frivolous claim.

Next, be sure to work with a skilled family lawyer. At Bergermann Law Firm, we help Fort Myers clients present evidence, request sanctions, and stop these tactics in their tracks. The key is showing the court a pattern of abuse—backed by solid documented proof.

Finally, stay focused. Vexatious litigation thrives on chaos. By remaining calm and relying on your legal team, you can turn the tables and regain control.

5. How Does Vexatious Litigation Affect Children?

Children often bear the brunt of these battles. When vexatious litigation involves custody disputes, it disrupts their routines and creates unnecessary stress.

Florida courts prioritize the best interests of the child. But as a parent, you play a critical role. Keep communication with your ex professional, follow court orders, and protect your kids from unnecessary conflict. A strong legal strategy not only defends your rights but also shields your children from the fallout.

When Is It Time to Take Action?

How long will you let it continue? If you’re facing repeated, baseless claims, it’s time to fight back. The sooner you act, the sooner you can stop the cycle and protect your family.

Vexatious litigation thrives on disruption, but it doesn’t have to rule your life. With the right approach, you can put an end to frivolous claims and focus on what really matters—your family, your time, and your peace of mind.

At Bergermann Law Firm, we specialize in helping Fort Myers families combat vexatious litigation. Contact us at (239) 334-0075 today to reclaim control and protect what matters most.