Viewing entries tagged
Miami Divorce

Temporary relief in Florida divorce requires same findings as permanent relief

Posted by Nydia Streets of Streets Law in Florida Divorce

A Florida divorce case can take a year or more to get to a final hearing or trial. Sometimes parties need relief immediately such as alimony, child support or time-sharing, and cannot wait the year or more to get it. This is why Florida family law allows the award of temporary relief on these issues and many more. In the case Jooste v. Jooste, 4D18-2736, May 8, 2019), the wife appealed a decision on her motion for temporary alimony, child support and attorneys’ fees and costs.

Attorneys' fees in Florida divorce require a finding of ability to pay

Posted by Nydia Streets of Streets Law in Florida Divorce

Florida family law allows for the payment of attorneys’ fees and costs based on need and ability to pay. So even the “winner” of a family law case may be required to pay the other party’s attorneys’ fees and costs based on principles of equity. The playing field is leveled in this way so that one party does not have the ability to hire a lawyer while the other must proceed without counsel. However, before attorneys’ fees and costs are ordered to be paid, there must be findings as to a party’s need for them and the other party’s ability to pay them.

Disclosure of medical records in Florida divorce requires "calamitous event"

Posted by Nydia Streets of Streets Law in Florida Divorce

Can a party subpoena all medical records in a Florida divorce? The answer depends on what is at issue in the case, and whether or not the party requesting the records has a good reason for being entitled to them. Take the case Brooks v. Brooks, 239 So.3d 758 (Fla. 1st DCA, 2018) in which the wife subpoenaed the husband’s medical, psychotherapist, pharmacy and employment records based on her allegations of domestic violence and the husband’s angry tirades during custody exchanges.

Failure to provide discovery in a Florida divorce may result in a default being entered against a party

Posted by Nydia Streets of Streets Law in Florida Divorce

Discovery in a Florida family law case involves the exchange of documents and other evidence which each party uses to build his/her respective case. Generally each party is required to timely comply with discovery requests unless there is a valid objection raised. Failure to follow orders compelling discovery can result in a party’s defenses and claims being stricken, which means the party cannot request certain relief at trial.

Non-modifiable durational alimony can be ordered in limited circumstances in Florida

Posted by Nydia Streets of Streets Law in Florida Divorce

Are parties sometimes dishonest in Florida family law cases? Of course, but it usually does not turn out well for them. Take the case Brunsman v. Brunsman, 232 So.3d 1175 (Fla. 5th DCA 2018) in which the appellate court actually noted, “While we are compelled to reverse portions of the final judgment, we note that many of the issues resulted from Former Husband’s lack of veracity and the parties’ failure to provide the court with the information necessary to make a sound decision.”

Enforcing your Florida marital settlement agreement

Posted by Nydia Streets of Streets Law in Florida Divorce

You signed your marital settlement agreement and are divorced thinking the worst is behind you. In major ways, you are right, the worst may be behind you, but for some couples who continue to have disagreements after the ink is dry on their final judgment, litigation can continue for years as we see in the recent appellate case Kenney v. Goff, 4D17-2094 (Fla. 4th DCA 2018).

When a party dies while a Florida divorce case is pending

Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage

What happens in Florida when a party dies during a divorce proceeding? One appellate case considered this year involves that issue where the deceased former wife’s estate appealed an order dismissing her dissolution of marriage case.

Florida divorce: Signing a mortgage on a non-marital property

Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage

It is generally understood that property a spouse owns prior to marriage is non-marital property belonging to that spouse. During a marriage, sometimes it becomes necessary for the non-owning spouse to sign mortgage documents related to the non-marital property. A recent appellate case examines how this act affects each spouse’s interest in the non-marital property.

How long is too long to wait for a Florida divorce decree?

Posted by Nydia Streets of Streets Law in Florida Divorce

How long is too long to wait for a final judgment of divorce to be signed in Florida? In one recent case, the parties waited 2 and one-half years! Because of circumstances that arose during that time, the wife appealed the final judgment and today we examine how the appellate court viewed the delay. 

The risk in having a notary or "notario" handle your Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

In order to save money, some divorcing couples decide to go to a notary to have that notary fill out templates for divorce case documents. This may work in cases in which there are no children, no property and no financial support issues, but since a notary cannot give legal advice (unless the notary is also a lawyer), depending on one may cost you a lot more than you bargained for. In the case Rodriguez v. Roca, 3D17-1746 (Fla. 3d DCA 2018), the parties ended up in what was probably costly litigation after completing a marital settlement agreement with a notary. 

Are Florida alimony payments required after the death of the payor?

Posted by Nydia Streets of Streets Law in Florida Alimony

Can a Florida divorce court require a spouse who pays alimony to have his or her estate continue paying the alimony after the payor's death? This issue was explored in the case Kurtanovic v. Kurtanovic, 1D17-202 (Fla. 1st DCA 2018) in which the former husband appealed several issues, including the court's order for his estate to continue paying alimony after his death. 

Florida divorce: Commingling of marital and non-marital funds

Posted by Nydia Streets of Streets Law in Florida Divorce

Commingling refers to what happens when non-marital funds are mixed with marital funds. Commingled money, in most cases, makes the non-marital funds marital since it is presumed the spouse intended to gift the money to the other party. As we see in the case Knecht v. Palmer, 5D17-533 (Fla. 5th DCA 2018), however, a Florida court's powers of equity can overcome this gift presumption.

How to satisfy the proof of residency requirement in your Miami divorce

Posted by Nydia Streets of Streets Law in Miami Divorce

Before you file your Miami divorce case, you want to make sure a court has jurisdiction to enter a final judgment. Otherwise, you may spend a lot of time and money only to find at the end that all of it was for nothing because the court has no power to sign a final judgment. How do you know if the court has jurisdiction? 

No special equity allowed in Florida divorce

Posted by Nydia Streets of Streets Law in Miami Divorce

Generally, property purchased during marriage in Florida is considered marital property and both spouses may have a claim to that property. Title to the property is not controlling - meaning an asset that was purchased during the marriage but titled only in one spouse's name does not mean the asset belongs to the titled spouse alone. As seen in the appellate case Lopez v. Hernandez, 4D17-3495 (Fla. 4th DCA 2018), the court must make specific findings if it decides to award one spouse an asset purchased during the marriage. 

What happens to money in a joint account while a Florida divorce is ongoing?

Posted by Nydia Streets of Streets Law in Florida Divorce

Divorce can be expensive when you consider changed living arrangements and attorneys' fees. There may now be two attorneys to pay and two separate households to support. For that reason, while the parties may have savings or other bank accounts at the time of filing for divorce, those accounts may be depleted by the time a case goes to trial. According to the appellate case Bellows v. Bellows, 4D16-3745 (Fla. 4th DCA 2018), the court is required to treat the depletion of those assets a certain way. 

A Florida divorce gone wrong: Davis v. Davis, 4D17-1644 (Fla. 4th DCA 2018)

Posted by Nydia Streets of Streets Law in Florida Divorce

Sometimes, believe it or not, the court gets it wrong and errors must be corrected on appeal as was the case in Davis v. Davis, 4D17-1644 (Fla. 4th DCA 2018). In a Florida divorce case, a court is required to make certain findings related to equitable distribution, child support, alimony and child custody. In the Davis case, the trial court failed to make certain findings on multiple issues, resulting in the appellate court having to reverse the final judgment.

Temporary alimony in Florida and a judge's discretion

Posted by Nydia Streets of Streets Law in Florida Divorce

While Florida law states a court has discretion in awarding temporary relief, that discretion can be abused and is subject to review. In De La Piedra v. De La Piedra, 1D17-3203 (Fla. 1st DCA 2018), the husband appealed an order requiring him to pay temporary alimony, child support and attorneys' fees, and he won. 

Florida family law procedure: No contempt without notice

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Can a party be held in contempt if the party never received notice that a contempt complaint was pending against him or her? A recent appellate case reinforces the right of litigants to due process - that is, the right of each party to be heard and to receive notice of proceedings against him/her.