Miami family law attorney blog
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Florida Divorce Lawyer
Posted by Nydia Streets of Streets Law in Florida Divorce
When determining either party’s ability to pay attorney’s fees in a Florida divorce case, the court looks to assets and income available to both parties. When one party has disproportionately more financial resources than the other party, that party may be required to pay attorney’s fees for the other party. This was an issue in the case Ramakrishnan v. Ramakrishnan, 5D2024-2510 (Fla. 5th DCA April 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement is silent as to reimbursement for carrying costs on a marital property, does this mean the reimbursement is waived? This was an issue in the case Levinas v. Levinas, 3D24-1233 (Fla. 3d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse is ordered to pay alimony to the other spouse in a Florida divorce case, is this payment considered in calculating child support? Usually, the monthly payment made by the paying spouse is deducted from that spouse’s income and added to the other spouse’s income in calculating child support. This was an issue in the case Eberhart v. Eberhart, 5D2024-1384 (Fla. 5th DCA March 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Imputing income to a party in a Florida divorce case requires specific findings to be made. Without these findings, a final judgment of divorce may be susceptible to reversal on appeal. This was an issue in the case Athea v. Athea, 3D22-519 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When marital funds are used to pay down the mortgage on premarital real property, those funds may entitle the non-owning spouse to a credit in equitable distribution even if the property did not appreciate in value during the marriage. This was an issue in the case Escalona Socarras v. Bazan Vassallo, 3D23-1012 (Fla. 3d DCA May 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
The petition and the answer in a Florida family law case are some of the most important documents filed. Why? Because they frame the issues in the case and put everyone on notice about what is at stake. Florida law generally requires that both parties put all relief they are seeking in their petition or answer. Failure to do so may result in the court not being able to consider matters not raised in the pleadings. This was an issue in the case Sieberg-Shabbick v. Shabbick, 3D22-1694 (Fla. 3d DCA April 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Once a marital settlement agreement is entered and ratified by a final judgment in a Florida divorce, there are limited circumstances under which the agreement can be set aside. The standard is different from an agreement that is entered outside of litigation, such as a prenuptial or postnuptial agreement. A challenge to a marital settlement agreement entered over a decade prior was an issue in the case O’Hair v. O’Hair, 6D23-2424 (Fla. 6th DCA April 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can someone named as a creditor in a Florida marital settlement agreement sue as a third-party beneficiary to the agreement? For example, if an agreement states one spouse will pay a debt owed to a family member, can the family member sue the spouse for non-payment of the debt? This was an issue in the case Helmick v. Taylor, 2D22-3658 (Fla. 2d DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If one spouse wants to keep the marital home but the other wants to sell it, what happens in a Florida divorce? If there are minor children involved and one spouse will maintain majority time-sharing with the children, this is a factor the court may consider in awarding exclusive use and possession of the home. This was an issue in the case Lowry v. Lowry, 5D22-2707 (Fla. 5th DCA March 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are disability benefits from a federal retirement account a marital asset subject to equitable distribution in a Florida divorce? This was a question in the case Crocker v. Crocker, 5D23-103 (Fla. 5th DCA July 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What type of notice should be given to a party regarding a trial date in a Florida family law case? This question may be especially important if the party’s lawyer has withdrawn before a trial date. This was an issue in the case Chamberlain v. Degner, 1D22-3537 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party misses a trial in a Florida family law case, what relief can be granted if the failure to attend trial was the result of excusable neglect? This was an issue in the case Stephens v. Stephens, 1D22-733 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida divorce order a trust to be dissolved in order to effectuate equitable distribution? Sometimes, spouses place assets in trust for estate planning purposes. But if a divorce happens, the assets in the trust may be marital assets subject to a claim from both spouses. This was an issue in the case Hyatt v. Zimmerman, 4D22-896 (Fla. 4th DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a marital settlement agreement is entered, parties usually rely on the financial affidavits and other documents provided to determine if they want to enter the agreement. When there is an accusation that someone hid assets or was not honest on a financial affidavit in a Florida divorce, a motion can be filed to challenge the agreement. This was an issue in the case Duke v. Duke, 4D23-165 (Fla. 4th DCA May 17, 2023).
