Posted by Nydia Streets of Streets Law in Florida Divorce
What is a bifurcated divorce in Florida? Many Florida divorces involve issues of equitable distribution, child custody and alimony. When a party asks a court to bifurcate the proceedings, it means the party is asking the court to separate the issues and enter a final judgment declaring the parties to be divorced before remaining issues such as equitable distribution, etc. are decided. This might be requested, if for example, a party is in poor health and may pass away before a final judgment of divorce is entered which would entitle the surviving spouse to death benefits that may not be intended in light of the parties’ separation. This was an issue in the case Wax v. Friedman, 3D23-1942 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, the court may award attorney’s fees and costs to one party if there is a showing of need and ability to pay. Does this award include the time the attorney spends in litigating the amount of fees to be awarded? This was an issue in the case Schultheis v. Schultheis, 3D23-1250 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A recent appellate case discusses the issue of disqualification of a lawyer in pending litigation. The court in that case noted “Such attempts [to disqualify counsel] should be viewed with caution and skepticism as they can be used to harass the opposing party and counsel, or for other indecorous tactical reasons.”
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce requires specific written findings of fact regarding the following: (a) Clear identification of nonmarital assets and ownership interests; (b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset; (c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability; and (d) any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities. See Fla. Stat. Chp. 61.075.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a person receives notice that a Florida administrative child support proceeding has been filed against them, what are their options? This was an issue in the case Wilson v. DOR, 1D2025-0894 (Fla. 1st DCA October 22, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is summary judgment in a Florida family law case? This is a procedure in which a party requests the court to grant or deny a petition without going to a trial or having further proceedings because the evidence in the case so far shows that there is nothing to dispute at trial. A party can attach affidavits to a motion for summary judgment for the court to consider in making its ruling. This was an issue in the case Sanz v. Herrera, 3D24-2046 (Fla. 3d DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Life insurance which is intended to secure a Florida alimony obligation is subject to certain parameters. For example, the availability of the insurance and the ability of the obligor to afford a premium for this type of insurance are considerations the court must take into consideration. Once life insurance is ordered, failure to maintain it may lead to sanctions from the court. This was an issue in the case Marin v. Marin, 2D2024-2222 (Fla. 2d DCA October 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
If paternity is contested in a Florida child support case that is being heard by a hearing officer, can the hearing officer rule on this disputed issue? According to Fla. Fam. L. R. P. 12.491(e), “A support enforcement hearing officer does not have the authority to hear contested paternity cases.” This was an issue in the case DOR v. Harris, 1D2025-0809 (Fla. 1st DCA October 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When the Department of Revenue (DOR) is involved in a Florida child support case, can the parties privately resolve their child support dispute without involving DOR? Sometimes, DOR is owed retroactive support due to the obligee parent receiving public benefits, so it may not always be possible to leave DOR out of agreements or other resolutions. This was an issue in the case DOR v. Serwe, 6D2025-0892 (Fla. 6th DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties agree to resolve an issue before trial, can the trial court make rulings that may contradict the agreement? In the case Taha v. Hassan, 6D2024-1270 (Fla. 6th DCA October 3, 2025), the parties entered a stipulation regarding equitable distribution, yet the trial court ordered the husband to make an equalizing payment to the wife for the husband’s alleged dissipation of marital assets.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a final judgment that orders a timesharing schedule fails to make findings regarding the best interest of a child, it may be reversed. This was an issue in the case Tucker v. Adams, 5D2025-0937 (Fla. 5th DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Holidays
Happy Diwali! May the light of Diwali illuminate every corner of your life with abundant happiness, peace and success.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays expenses for the other spouse while a divorce is pending such as mortgage, utilities and other living expenses, that spouse should receive credit for those payments toward retroactive support ordered. This was an issue in the case Warner v. Warner, 5D2024-1274 (Fla. 5th DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
How are social security disability dependent benefits treated in calculating Florida child support? In a recent case, the court credited these payments to the mother’s income, and the father appealed. The case is Cruz v. DOR, 4D2024-2179 (Fla. 4th DCA October 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for a party to be held in contempt in a Florida family law proceeding, certain procedural steps are required. One important step is appropriate notice to the party alleged to be in contempt. This was an issue in the case Azzam v. Diaz de la Portilla, 3D25-1428 (Fla. 3d DCA October 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When should a judge be disqualified from presiding over a Florida family law case? Florida law holds “Although a judge may form mental impressions and opinions during the course of hearing evidence, he or she may not prejudge the case.” Minaya v. State, 118 So. 3d 926, 929 (Fla. 5th DCA 2013). Disqualification of a judge was an issue in the case Meredith v. Meredith, 5D2025-0873 (Fla. 5th DCA September 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who wants to challenge the other party’s right to take depositions in a Florida family law case may have to file a motion for a protective order. This was an issue in the case Delgado v. Miller, 3D25-1721 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many Florida marital settlement agreements or other family law agreements have prevailing party clauses. These clauses indicate that if there is future litigation, the prevailing party will be awarded attorney’s fees to be paid by the other party. What if there is a “tie” and the court finds that no one prevailed? This was an issue in the case Pierre v. Honore, 3D25-0357 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party disagrees with a court’s ruling on alimony and equitable distribution, what is the standard the appellate court uses to review these types of awards? This was an issue in the case Abbey v. Abbey, 3D2024-1622 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a court determine the marital portion of a non-marital property that is not solely owned by a spouse? For example, a spouse may have purchased a home prior to the marriage and that spouse may own the property jointly with his or her parent. Therefore, depending on how the property is titled, the spouse may only own fifty percent of the property as his or her non-marital portion. This was an issue in the case Wilson v. Hurter, 2D2024-1954 (Fla. 2d DCA September 26, 2025).
