Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
What does trial by consent mean in a Florida family law case? Usually parties to a case must be put on notice as to what will be sought at trial. If they do not, the issue may still be able to be considered at trial if there is no objection to it at trial. This was an issue in the case Alan v. West, 3D24-0454 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a motion to dissolve a Florida domestic violence injunction is filed in the incorrect division of a court, what is the next step? This was an issue in the case Marcionette v. Marcionette, 6D2024-0289 (Fla. 6th DCA August 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law order is appealed, and the appellate court reverses a ruling with instructions to the trial court to correct it or take some other actions, can the trial court take additional actions with regard to the order being appealed? This was an issue in the case Marcellus v. Peterson, 4D2023-2495 (Fla. 4th DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Holidays
“Every person needs to take one day away. A day in which one consciously separates the past from the future. Jobs, family, employers, and friends can exist one day without any one of us, and if our egos permit us to confess, they could exist eternally in our absence. Each person deserves a day away in which no problems are confronted, no solutions searched for. Each of us needs to withdraw from the cares which will not withdraw from us.” ― Maya Angelou
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the standard for disqualification of a lawyer in a Florida family law case? This was an issue in the case Palma v. Alamilla, 3D25-1181 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The entry of a Florida domestic violence injunction is civil in nature, however penalties for violating the injunction can bring criminal charges. Although there are serious consequences to having a civil injunction entered, the trial court has broad discretion to enter an injunction. This was an issue in the case Villareal v. Hernandez, 3D24-1722 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under the Florida Rules of Family Law Procedure, a party can seek to vacate an order entered against that party within certain timeframes and under certain conditions. Usually, a hearing is required when this type of motion is filed. This was an issue in the case Rojas v. Best Taxi Service Corporation, et. al., 3D24-0989 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party seeking to have the other party in a Florida family law case pay his or her attorney’s fees and costs must demonstrate a need for the fees, and the ability of the other party to pay the fees. Imputation of income may be a factor the court considers in determining need and ability to pay. This was an issue in the case Gutierrez v. Gutierrez, 3D24-0895 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Appealing your Florida divorce judgment may require that you file a motion for reconsideration or rehearing before you file your appeal. This is because you usually must exhaust all available remedies in the trial court before an appeal. This was an issue in the case Hewell v. Hewell, 3D24-1501 (Fla. 3d DCA August 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for due process requirements to be met in a Florida family law case, each party must be given notice and an opportunity to be heard. This was an issue in the case Saladino v. Saladino, 6D2024-2107 (Fla. 6th DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a request to determine child support is made at trial, can the judge refer the matter to a hearing officer during the trial for final resolution? Although trial judges are permitted to refer child support matters to hearing officers, a recent case underscores that this cannot happen during a trial. The case is Bui v. Panzardi, 4D2024-1867 (Fla. 4th DCA April 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When filing a petition for protection against violence in Florida, important differences exist regarding the evidentiary and pleading standards for each type of action. For example, a petition for protection against sexual violence has specific requirements that are not found in a petition for protection against domestic violence, generally. This was an issue in the case Alfonso v. Hierrezuelo, 3D24-899 (Fla. 3d DCA August 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Usually, debts that are incurred by a party after the filing of a petition for divorce in Florida are considered non-marital debts. Does this include child care debt incurred for the parties’ children? This was an issue in the case Thermidor v. Pierre, 4D2024-2133 (Fla. 4th DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can I represent myself in my Florida divorce case using ChatGPT or other artificial intelligence (AI)? It may be tempting to try to save money and rely on AI to help you draft appellate briefs, for example, but there have been multiple instances of AI citing fake cases. Doing so may expose the party citing the cases to sanctions from the court. This was an issue in the case Goya v. Hayashida, 4D2023-1212 (Fla. 4th DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified in a Florida family law case? There are multiple instances which are listed in the Florida Rules of Professional Conduct which are rules by which lawyers must abide in practicing law in this state. Disqualification of a lawyer was an issue in the case Palma v. Alamilla, 3D25-1110 (Fla. 3d DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a court imputes income to a parent in a Florida child custody case for gifts that parent receives from third parties, there must be specific findings made to support this conclusion. This was an issue in the case Gonzalez v. Rodriguez, 3D24-0712 (Fla. 3d DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An important thing to remember about Florida family law appeals is that failure to raise certain issues with the trial court or untimely appeals can be fatal to an appeal. This was an issue in the case Nisewonger v. Nisewonger, 1D2024-0462 (Fla. 1st DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean to be a board-certified family law attorney in Florida? According to the Florida Bar “Board-certified lawyers have dedicated themselves to achieving a heightened level of excellence through character, professionalism, ethics, and credibility in the practice of law.” Some requirements of board-certification are peer and judicial review, scrutiny of a lawyer’s trial and litigation record, and the passing of a rigorous written exam.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is vexatious or abusive litigation in a Florida family law case? This is litigation that is deemed unnecessary, frivolous, or usually designed to delay or frustrate the progress of the case. If a party is deemed to be vexatious, the court can levy sanctions which may include prohibition from filing case documents without hiring a lawyer to do so. This was an issue in the case Wiendl v. Wiendl, 2D2024-1861 (Fla. 2d DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party requests payment of attorney’s fees in a Florida family law case, must he or she allege the legal basis for requesting the fees, such as need and ability to pay and/or a prevailing party clause in a marital settlement agreement? This was an issue in the case Bergman v. Bergman, 4D2024-0526 (Fla. 4th DCA July 30, 2025).
