Miami family law attorney blog
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Miami Board Certified Family Lawyer
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 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 Family Law Procedure
What is a dismissal for lack of prosecution in a Florida family law case? This means the court dismissed a case because there was no activity for a long period of time (usually around 10 months). Before a case is dismissed for lack of prosecution notice is sent to both parties indicating that if action is not taken to progress the case within a certain period of time, the case will be dismissed. Can a case be re-opened if it is dismissed for lack of prosecution. In certain circumstances, yes. This was an issue in the case Castillo v. Valbonesi, 3D24-1780 (Fla. 3d DCA July 30, 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 Family Law Procedure
Many Florida family law agreements have what is known as a “prevailing party clause” which states that if litigation is brought to enforce terms of the agreement, the prevailing party will have his or her attorney’s fees paid by the other party. Does an award under this type of clause require expert testimony as to the reasonableness of attorney’s fees? This was an issue in the case Cohen v. Cohen, 4D2024-1339 (Fla. 4th DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party may disagree with the trial court’s assessment of the evidence in a case, but this alone is not grounds for appeal. The appellate court usually will not second-guess the judgment of the trial court judge since he or she had the advantage of reviewing live testimony and assessing witness credibility. This was an issue in the case Tropper v. Corti, 3D24-1320 (Fla. 3d DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support in Florida is calculated using the net incomes of the parents, rather than gross income. This is because net income is the income truly available to a parent for payment of support. Use of gross income was an issue in the case Hunter v. Hunter, 5D2023-1818 (Fla. 5th DCA March 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties entitled to credits for mortgage payments on a marital home during separation? Florida Statutes do provide a way to claim credits in certain circumstances. This was an issue in the case Frazier v. Dodd, 5D2022-2478 (Fla. 5th DCA March 21, 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 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).
