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Divorce

Protecting your interest in assets in a Miami divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

Equalizing payments are ordered in Florida divorces when a party is awarded certain assets that may not be capable of immediate liquidation.  In the case of a house, for example, if one spouse is awarded the house and that award in light of all other equitable distribution in the case provides for an inequitable split of the marital estate, the spouse keeping the house would owe the other spouse an equalizing payment to cover the other spouse's share of equity in the marital estate. If this is ordered, the court must make sure certain parameters are covered in ordering the payment. 

Early sale of marital assets to pay attorneys' fees in a Miami divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

A Florida divorce can be expensive when you consider attorneys' fees and fees spent on experts such as forensic accountants, vocational evaluators, etc. For this reason, parties sometimes agree to sell marital assets and split the proceeds even before the divorce is finalized so that each can free up cash to pay for the divorce proceedings. The parties in the case Rosaler v. Rosaler, 219 So.3d 840 (Fla. 4th DCA 2017) agreed to do just that with a pricey diamond, but how the court classified the proceeds of the sale at the end of the case brought on disagreement. 

Can I spend funds in a joint account during my pending Miami divorce case?

Posted by Nydia Streets of Streets Law in Florida Divorce

Parties involved in a dissolution of marriage case in Miami should be aware that a local administrative rule is in place which generally requires the parties to maintain a financial status quo with some exceptions. This essentially means a party cannot pull the financial rug from under the other party, so-to-speak, until there is a court order entered stating otherwise. Part of the financial status quo may include joint bank accounts. The case Gotro v. Gotro, 218 So.3d 494 (Fla. 1st DCA 2017) shows us how Florida family courts handle funds in a joint account that have been spent during a pending divorce case. 

Standard for awarding attorneys' fees and costs in a Florida divorce

Posted by Nydia Streets of Streets Law in Divorce

A recent appellate case shows us once again in a Florida divorce how the court determines who pays attorneys' fees and costs. The basic standard for making this decision is need and ability to pay - the need of the spouse requesting fees to be paid and the ability of the other spouse to pay them. In Hanson v. Hanson, 217 So.3d 1165 (Fla. 2d DCA 2017), we review a court's decision to order the husband to pay over $80,000 to the wife for her attorneys' fees and costs. 

You need a court reporter for your Miami divorce case

Posted by Nydia Streets of Streets Law in Divorce

Some parties may think the extra expense of a court reporter in their Miami divorce is something they can go without. But the case Frezza v. Frezza, 216 So.3d 758 (Fla. 2d DCA 2017) shows why a court reporter is important - failure to provide a record of the trial court proceedings can result in a denial of your appeal, even if you believe you have sufficient grounds for an appeal. 

Preserving your appellate rights in a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

Preserving your right to appeal in your Miami divorce requires that you make certain arguments and objections to the trial court. If you fail to make an argument to the court, for example, you cannot complain on appeal that the trial court did not consider that argument. Additionally, you cannot invite error and then complain about it on appeal. We see this play out in the appellate case Sciame v. Sciame, 215 So.3d 190 (Fla. 2d DCA 2017). 

How the court determines who pays attorney’s fees in a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

How much in attorney’s fees and costs can be spent on litigation in a Miami divorce? In one case, a couple collectively spent over $500,000 in attorney’s fees on post-judgment litigation alone. This means after their final judgment of divorce was signed, they both participated in so much litigation that they racked up half a million dollars in fees. Determining who would foot the bill brought on an appeal which cost more fees, no doubt.

Temporary alimony in a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

During the course of a Miami divorce case, it is possible to seek temporary relief for issues such as alimony, child support and time-sharing. This is because a family law case can take a year or more to get to trial and in the meantime, a party may need financial or other relief that cannot wait that long. If a party seeks temporary alimony and child support, there are certain parameters the court must follow as seen in the case Maerssen v. Gerdts, 213 So.3d 952 (Fla. 4th DCA 2017).

When a spouse's gambling problem affects a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

What happens when a spouse's gambling addiction wreaks havoc on the family's finances? We review this issue in the case Viscito v. Viscito, 214 So.3d 736 (Fla. 3d DCA 2017) where the court considered the husband's gambling debts in equitable distribution and alimony determinations. 

Failing to appeal erroneous Florida divorce judgments can be costly

Posted by Nydia Streets of Streets Law in Alimony

Florida family courts sometimes make mistakes in their rulings. For that reason, it is important to have a Florida family law attorney at least review a court’s order with you immediately after it is entered, especially if you chose to proceed in your divorce case without an attorney. As seen in Conlin v. Conlin, 212 So.3d 487 (Fla. 2d DCA 2017), two costly mistakes in the trial court’s order negatively affecting the former husband could have gone unchallenged had he not had an attorney helping him.

Miami divorce: What’s yours is yours and what’s mine is... yours?

 Posted by Nydia Streets of Streets Law in Divorce

Sometimes, due to transfers of money and title to property during marriage, the waters of equitable distribution in a Florida divorce can get murky. Such was the situation in the appellate case Landrum v. Landrum, 212 So.3d 486 (Fla. 1st DCA 2017) in which the former husband appealed a finding that his pre-Marital property was marital in nature.

Impermissible modification of a Miami divorce decree

Posted by Nydia Streets of Streets Law in Divorce

Divorce settlement agreements are contracts that are interpreted and enforced by a Miami family court similar to the way most other contracts are reviewed. Generally, a court cannot modify the equitable distribution terms of a Miami divorce decree without the consent of both parties, and the Court is bound by the plain language of the agreement in enforcement proceedings. 

Can I seek rental income from my spouse in a Miami divorce?

Posted by Nydia Streets of Streets Law in Divorce

When a Florida divorce settlement agreement states that one spouse will receive exclusive use, ownership and possession of the marital residence and the parties continue to reside in the home together after the entry of the agreement, can the other spouse request that the court award rental payments to the owning spouse? This was one question presented to the appellate court in the case Hudson v. Hudson, 209 So.3d 656 (Fla. 1st DCA 2017). 

Miami divorce: Awarding the marital home in lieu of alimony

Posted by Nydia Streets of Streets Law in Divorce

Can a court award exclusive use and possession of the marital home to one spouse and require both spouses to pay for half of the expenses for maintaining the home? Such was the issue brought on appeal by a former wife in the case Morgan v. Morgan, 213 So.3d 378 (Fla. 4th DCA 2017). 

Real Florida Divorce Cases: Post-divorce contempt

Posted by Nydia Streets of Streets Law in Divorce

In this edition of Real Florida Divorce Cases, we examine the appellate case Raton v. Wallace,  207 So.3d 978 (Fla. 5th DCA 2016). From this case, we learn about attorney’s fee awards and the standard for contempt proceedings.

Who pays attorneys’ fees in a Miami divorce?

Posted by Nydia Streets of Streets Law in Divorce

Similar to the way a Miami divorce court awards alimony to a spouse who needs it, attorneys’ fees can be awarded to a lesser-earning spouse. This is so that both spouses have equal opportunities to obtain legal help in divorce cases despite a disparity in incomes.

Pet custody in a Miami divorce?

Posted by Nydia Streets of Streets Law in Divorce

Pets are considered by many to be family members because of the bond and love shared between the owner and the pet. Florida divorce law, however, views pets are property to be awarded to one spouse or the other, a view that sometimes creates high conflict when spouses cannot agree in their Miami divorce to whom the pet should be awarded.

Miami divorce: Getting the most out of the sale of the marital home

Posted by Nydia Streets of Streets Law in Divorce

A Miami divorce court is one of equity, which means in most cases, a judge has discretion to tip the scales of justice in favor of one party if it is fair and reasonable under the circumstances. A good illustration of this is the ability of a Florida divorce court to award setoffs and credits to a spouse upon the sale of the marital home.