Miami family law attorney blog
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).
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 This is an order that allows money from bank accounts to be involuntarily withdrawn to satisfy attorney’s fees or support orders, for example.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).
