Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
When alimony and equitable distribution are considered in a Florida divorce, there are certain statutory findings that may be required in the final judgment. This was an issue in the case Estrada v. Garcia, 3D25-0101 (Fla. 3d DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the fact that a lawyer may be called as a witness in a Florida family law case enough to disqualify the lawyer from representing a party in the case? This was an issue in Rivera v. Rivera-Chong, 1D2024-2697 (Fla. 1st DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Firm News
As the proud chair of the Scholarship Committee, I am excited to let you know the 2026 Wilkie D. Ferguson Jr. Bar Association Scholarship Application is available!
Posted by Nydia Streets of Streets Law in Florida Divorce'
Is the length of the marriage relevant to the court’s determination of equitable distribution in a Florida divorce case? This issue was discussed in a recent case in which the wife added her husband’s name to the title on real property the wife owned prior to the marriage, just two months into the marriage, and the parties ended up separating after only 19 months of marriage. The case is Crossen v. Feeley, 4D2024-3024 (Fla. 4th DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks to disqualify a judge in a Florida family law case, the motion is reviewed by the judge who is the subject of the motion. If this is the first time the party has filed a motion to disqualify, the judge may not comment on the substance of the motion, and may only enter an order granting or denying the motion as legally sufficient. This was an issue in the case Marquez v. Oran, 3D25-2255 (Fla. 3d DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Obtaining a psychological evaluation in a Florida family law case requires a showing that the mental condition of a party is in controversy and that there is good cause for the examination. This was an issue in the case Ruiz v. D’Arbelles, 3D25-2192 (Fla. 3d DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce'
Can anticipated future expenses be considered in determining a Florida alimony obligation? Can alimony be used to compensate a party for equitable distribution? These were two interesting issues discussed in the recent case Grable v. Grable, 1D2024-3224 (Fla. 1st DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a motion to disqualify a judge is initially filed in a Florida family law case, usually the judge has 30 days to rule on the motion or it is deemed automatically granted. This was an issue in the case Banks v. Banks, 4D2025-3026 (Fla. 4th DCA February 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce, how is an account held by a spouse and a third party divided in equitable distribution? This was one of many issues explored on appeal in the case Williams v. Williams, 3D24-0974 (Fla. 3d DCA February 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family court prevents expert witnesses from testifying, it may be due to a party’s failure to timely disclose the witness and/or the witness’ opinions. This was an issue in the case Aguilar v. Leal, 3D25-2261 (Fla. 3d DCA January 28, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Whose burden is it to prove that requested attorney’s fees and costs are warranted in a Florida family law case? This was an issue in the case Jackowska v. Blessitt, 2D2024-2826 (Fla. 2d DCA January 23, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes, parties may be confused as to what orders are appealable in a Florida family law case. In the matter of Schneider v DeSantis, 1D2025-2609 (Fla. 1st DCA January 28, 2026), the appeal of an order granting a motion to dismiss was at issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays the mortgage on the marital home after separation, does that spouse receive credit for the mortgage payments? This was an issue in the case Haxel v. Haxel, 5D2024-0846 (Fla. 5th DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a spouse’s unused/accumulated leave pay treated in equitable distribution in a Florida divorce? This was an issue in the case Dove v. Freer, 4D2024-2686 (Fla. 4th DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sanctions may be imposed against a party in a Florida family law case who violates court orders. Before the sanctions are imposed, usually a hearing must be held. This was an issue in the case Delgado v. Miller, 3D25-2209 (Fla. 3d DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a former spouse challenges a marital settlement agreement based on alleged fraud, can the court require the spouse accused of fraud to produce discovery? This was an issue in the case Paniry v. Paniry, 3D25-2107 (Fla. 3d DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A clerk can enter a default against a party who fails to timely respond to a Florida family law petition. The party who is affected can request that the default be set aside. The appeal of an order setting aside a clerk’s default was an issue in the case Judd v. Judd, 2D2025-0930 (Fla. 2d DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
Denial of a petition for modification of Florida child support without an evidentiary hearing is usually a violation of due process rights. This was an issue in the case Maybell v. Bryant, 2D2025-0917 (Fla. 2d DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is sought on behalf of a minor child, the court may consider the testimony of the child if it is in the child’s best interest to testify. Such an injunction was an issue in the case Negron v. Bonilla, 6D2024-1213 (Fla. 6th DCA January 9, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party files a motion to disqualify a judge more than once in a case, different standards may apply in determining successive motions. This was an issue in the case Bonczyk v. Wolfe, 3D25-2173 (Fla. 3d DCA January 14, 2026).
