Miami family law attorney blog
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Miami Board Certified Divorce Lawyer
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse can prove that personal or marital expenses were paid from a business bank account, does this convert the business to a marital, jointly-owned property? This was an issue in the case Rose v. Rose, 2D2024-2406 (Fla. 2d DCA November 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a bifurcated divorce in Florida? Many Florida divorces involve issues of equitable distribution, child custody and alimony. When a party asks a court to bifurcate the proceedings, it means the party is asking the court to separate the issues and enter a final judgment declaring the parties to be divorced before remaining issues such as equitable distribution, etc. are decided. This might be requested, if for example, a party is in poor health and may pass away before a final judgment of divorce is entered which would entitle the surviving spouse to death benefits that may not be intended in light of the parties’ separation. This was an issue in the case Wax v. Friedman, 3D23-1942 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, the court may award attorney’s fees and costs to one party if there is a showing of need and ability to pay. Does this award include the time the attorney spends in litigating the amount of fees to be awarded? This was an issue in the case Schultheis v. Schultheis, 3D23-1250 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce requires specific written findings of fact regarding the following: (a) Clear identification of nonmarital assets and ownership interests; (b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset; (c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability; and (d) any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities. See Fla. Stat. Chp. 61.075.
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
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 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 Divorce
Can I represent myself in my Florida divorce case using ChatGPT or other artificial intelligence (AI)? It may be tempting to try to save money and rely on AI to help you draft appellate briefs, for example, but there have been multiple instances of AI citing fake cases. Doing so may expose the party citing the cases to sanctions from the court. This was an issue in the case Goya v. Hayashida, 4D2023-1212 (Fla. 4th DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean to be a board-certified family law attorney in Florida? According to the Florida Bar “Board-certified lawyers have dedicated themselves to achieving a heightened level of excellence through character, professionalism, ethics, and credibility in the practice of law.” Some requirements of board-certification are peer and judicial review, scrutiny of a lawyer’s trial and litigation record, and the passing of a rigorous written exam.
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a domestic violence conviction affect shared parental responsibility in Florida? According to Florida law, “A conviction of a misdemeanor of the first degree or higher involving domestic violence creates a rebuttable presumption that shared parental responsibility is detrimental to the child.” § 61.13(2)(c)3.a., Fla. Stat. (2024). This was an issue in the case Wallace v. Wallace, 4D2024-0441 (Fla. 4th DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to a child support amount in their Florida marital settlement agreement, can a court reject the amount agreed-to? According to Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990), “A trial court has the duty to determine the appropriateness of a child support provision within a settlement agreement and can adjust the amount based on the child’s best interest and financial needs.” This was an issue in the case Gilberts v. Manderino-Gilberts, 5D2024-0992 (Fla. 5th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to split the net proceeds from the sale of the marital home in a Florida divorce, what is defined as the net proceeds? Many times, the marital settlement agreement will define what the net proceeds are. Even still, many do not include information concerning escrow refund amounts disbursed months after the sale is complete. This was an issue in the case Flaim v. Flaim, 4D2024-2314 (Fla. 4th DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are special circumstances that support requiring a spouse to obtain life insurance to secure an alimony obligation? In order for a court to require life insurance in this instance, there must be findings as to availability and cost of insurance, ability to pay, and special circumstances that warrant coverage. This was one issue in the case Zagari v. Zagari, 1D2023-1843 (Fla. 1st DCA July 9, 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
Florida Statute 61.075 requires that the court make findings related to equitable distribution in a Florida divorce. Without these findings, a Florida divorce judgment may be subject to appeal. This was an issue in the case Salazar v. Franco, 3D24-1051 (Fla. 3rd DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida family law courts have broad discretion in fashioning temporary relief remedies. However, that power is not unlimited. This was an issue in the case Strolla v. Strolla, 4D2024-2294 (Fla. 4th DCA March 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
How are contingent liabilities treated in a Florida divorce? These liabilities are potential debts that will become owed if certain events happen. For example, a party might be involved in a lawsuit and if they lose the lawsuit, they might owe money to the opposing party in the law suit. Contingent assets and debts must be listed on a financial affidavit in a Florida divorce case. A contingent debt was an issue in the case Alvarez v. Stochetti, 3D23-1277 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Must a court recognize and enforce a divorce decree from another country in a Florida divorce case? The answer depends on the circumstances surrounding the entry of the foreign divorce decree. For example, if the decree was entered without a party having notice and opportunity to be heard, a Florida court may decline to enforce the judgment. This was an issue in the case Carrasco v. Jimenez, 4D2023-0461 (Fla. 4th DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party requests that a petition be dismissed in a Florida family law case, what standard does the court use to evaluate that request? Generally, the trial court must take the allegations in the petition as true and determine whether those allegations lead to relief that the court can grant. This was an issue in the case Restrepo v. Aquino, 3D23-2175 (Fla. 3d DCA March 5, 2025).
