Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Dividing retirement accounts in a Florida divorce case can present complications when the language of a marital settlement agreement is open to different interpretations. Division of a military retirement account was an issue in Rushing v. Rushing, 6D2024-1357 (Fla. 6th DCA September 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Writs of garnishment are used in Florida family law cases to collect money judgments. This is an order that allows money from bank accounts to be involuntarily withdrawn to satisfy attorney’s fees or support orders, for example. This was an issue in the case Baumann v. Agudelo, 3D25-0755 (Fla. 3d DCA September 24, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain a domestic violence injunction in Florida, the petitioner must be (1) the victim of domestic violence OR (2) reasonably believe that he or she is in imminent danger of becoming a victim of domestic violence. § 741.30(6)(a), Fla. Stat. (2024). The sufficiency of evidence in a Florida domestic violence case was at issue in Rosa v. Heredia, 5D2025-0452 (Fla. 5th DCA September 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
An award of temporary support in a Florida divorce case which exceeds the payor’s ability to pay can be reversed on appeal, even without a hearing transcript. This was an issue in the case Melton v. Melton, 5D2024-3467 (Fla. 5th DCA September 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
As we have seen in many types of Florida family law cases, the lack of a transcript on appeal can be fatal what may be an otherwise valid claim. This was an issue in the child support case Jackson v. Lawrence, 3D25-0342 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In the case Olivas v. Morales, 3D25-0234 (Fla. 3d DCA September 17, 2025), we again see the importance of having a transcript of your Florida child custody case hearing prepared. The father in this case appealed a final judgment of paternity in which he disagreed with the trial court’s summer time-sharing schedule.
Posted by Nydia Streets of Streets Law in Holidays
Wishing you and yours a blessed new year.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Once a party in Florida child custody case presents his or her case that relocation is in the best interest of a child, the burden of proof then shifts to the other party to establish that relocation is not in the child’s best interest. This was an issue in the case Gevaert v. Teh, 3D24-2280 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida relocation case can be difficult for a court to decide in that both parents may have very compelling reasons for wanting to move with their children or wanting the children to remain in Florida. This was an issue in the case Greenwood v. Greenwood, 3D24-1585 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Paternity
Florida family law rules require that a party be put on notice of what is at stake at a hearing. This is done via a motion filed by the complaining party. The court is usually restricted to awarding only the relief requested in the motion or pleading being considered at a hearing. This was an issue in the case Breton v. Raud, 3D24-0890 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement, beyond determining what happens to assets and debts if there is a divorce, can protect assets at death. This may be helpful to a party who wishes, for example, to protect assets for his or her children. This was an issue in the case Holguin v. In re Lourido, 3D24-0014 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to dissolve or cancel a Florida domestic violence injunction? For one, the party seeking to dissolve the injunction needs to show a change in circumstances. This was an issue in the case Hart v. Moore, 4D2024-3222 (Fla. 4th DCA September 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When property is discovered after a Florida marital settlement agreement has been signed, is this grounds to set aside the marital settlement agreement? The answer depends on the circumstances surrounding the discovery - could the existence of the property been confirmed if the complaining party had investigated this before signing the agreement? Did the other party fraudulently conceal the existence of the property? Overlooked property was an issue in the case Maradona v. Villafañe, 3D23-2085 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent appellate case, a spouse was accused of dissipating marital assets because she transferred money to her adult daughter to purchase stock. The case is Robinson v. Robinson, 6D2024-0740 (Fla. 6th DCA September 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a lis pendens in a Florida divorce case? This is a notice that is placed on a property to alert potential buyers that there may be an issue with the title to the property. A lis pendens is only appropriate under certain circumstances. This was an issue in the case Golubtsova v. Budaev, 3D25-0737 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When criminal domestic violence charges are filed in addition to a civil injunction petition, does the dismissal of the criminal charges mean the injunction gets dismissed as well? This was an issue in the case Thompson v. Vilches, 3D24-1814 (Fla. 3d DCA September 10, 2025).
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
