Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a spouse destroys collectibles or other personal property of the other spouse? This was an issue in the case Michener v. Michener, 3D24-0431 (Fla. 3d DCA January 22, 2025) in which the former wife was accused of destroying or disposing of “a portion of the former husband’s extensive nonmarital memorabilia collection, which included various books, Star Wars toys, celebrity and family photographs, a sketch of Cal Ripken, Jr., a vintage poster, a handmade football, and an engraved watch.”
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a lis pendens in a Florida divorce? This is a document filed that gives notice to the public that ownership or other issues are being litigated regarding a property. So if a spouse files a lis pendens in the public records, this is to put any prospective buyers of the property on notice that ownership to the property is disputed. The lis pendens is usually removed once a final judgment of divorce is entered settling the parties’ property rights. A lis pendens was at issue in the case Ivey v. Ivey, 6D23-694 (Fla. 6th DCA April 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
In what division of the court should a post-judgment family law case be filed? When there are civil remedies available to a party as a result of a contract entered in a divorce, for example, a party might wish to file in the general civil division rather than the family division because there may be certain remedies available. However, if a party files in the wrong division, should the case be dismissed? This was an issue in the case Chickering v. Bawa, 4D22-2180 (Fla. 4th DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Filing your petition for divorce in Florida is the first step to getting the court to decide the issues in your case. Because the law requires that you give notice to the court and the opposing party about the issues that need to be decided, the wording of your petition is important. When you get to trial, it is also important that you let the court know about everything you are asking for, or you could be deemed to have waived your requests. This was an issue in the case Stephanos v. Stephanos, 4D21-2782 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida family court set aside a final judgment any time? There are deadlines and procedures to be followed in vacating a Florida family law order. Failure to follow those deadlines and procedures may mean an order vacating an order is invalid. This was an issue in the case Padron v. Padron, 3D22-2146 (Fla. 3d DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Under Florida Rule of Family Law Procedure 12.540(b), a party can ask the court to set aside a court order based on: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment is void; or (5) that the judgment has been satisfied, released, or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. This rule states “The motion must be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, order, or proceeding was entered or taken; except that there will be no time limit for motions based on fraudulent financial affidavits in marital or paternity cases.” The timing of a hearing on this type of motion was an issue in the case Brooks v. Brooks, 3D21-1693 (Fla. 3d DCA June 8, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a directed verdict in a Florida family law case? This is when the court declines to allow a party to present evidence and testimony about his or her case, and instead rules based on what has been presented by way of evidence from one side and perhaps argument from both sides. When is it proper for a court to grant a directed verdict? This was an issue in the case Olguin v. Torrecilla, 2D20-3509 (Fla. 2d DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
What is a constructive trust in a Florida divorce? This is a remedy available to a party who claims ownership to property which is titled in someone else’s name. For example, a court may impose a constructive trust in favor of a spouse when a marital home is titled in the name of someone other than the spouses, such as in-laws or other relatives. This was an issue in the case Silvas v. Silvas, 4D21-373 (Fla. 4th DCA February 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
How many days of notice must be given before a trial proceeds in a Florida divorce case? According to the Florida Rules of Civil Procedure, a trial cannot be set less than 30 days from the date a notice for trial is issued. This was an issue in the case Damas v. Rappleye, 3D21-684 (Fla. 3d DCA December 29, 2021).
Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage
Equitable distribution in a Florida divorce is the division of assets and debts between spouses. Generally a Florida divorce court looks at the value of marital assets and how much marital debt is owed, and distributes these between the spouses to arrive at an equal division. In the case Ouimette v. Ouimette, 2D20-22 (Fla. 2d DCA May 28, 2021), the division of a retirement account was at issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse owns property prior to marriage, that property is usually classified as the spouse’s separate property so long as that spouse has not taken steps which convert the property to a jointly owned-asset. Even if the property remains the spouse’s separate property, the other spouse may be entitled to half of the appreciation in value of the property accumulated during the marriage, especially if the increase was due to active appreciation (meaning the spouse’s labor or efforts). This was an issue in the case Palmer v. Palmer, 5D19-2389 (Fla. 5th DCA April 16, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
How many continuances can a party seek in a Florida family law case? A continuance is a delay of a hearing date or other deadline in the case. There is really no limit, but the court has discretion to deny requests for delay that are repeated, are made in bad faith, and which cause prejudice to the other party. This was one of many issues raised in the case Apesteguy v. Keglevich, 3D20-60 (Fla. 3d DCA April 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes after parties are divorced, they choose to maintain financial ties with each other. While this sometimes works out well for both parties, it may give rise to costly future litigation when it does not work out. Such was the case in Greenshields v. Greenshields, 5D19-758 (Fla. 5th DCA January 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse is thinking about filing for divorce in Florida, he or she may wonder what immediate rights each spouse has to property and to financial support. Many counties in Florida, including Miami-Dade County, has what is known as a status quo order which states that once a petition for divorce is filed, the parties must generally maintain the status quo by, for example, continuing to pay expenses that have been historically paid and maintaining insurance policies. But what about before a divorce petition is filed? If a spouse intentionally disposes of or hides assets in preparation for a divorce filing, this is a factor that can be considered in equitable distribution. Such was the case in Corrales v. Corrales, 3D19-2524 (Fla. 3d DCA December 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties to a Florida divorce discuss a settlement “on the record” or in the presence of the court and a court reporter, the court must ask both parties certain questions before ratifying the agreement. This is to ensure that both parties understand and fully agree to the settlement terms discussed. The case Frenkel v. Costa, 4D19-1841 (Fla. 4th DCA October 7, 2020) outlines what must be asked.
Posted by Nydia Streets of Streets Law in Florida Divorce
It is possible for mistakes to be made in a Florida final judgment of divorce. This is why parties have the right to revisit the judgment through the appellate process. In Diaz-Silveira v. Diaz-Silveira, 3D18-919 (Fla. 3d DCA April 29, 2020), the trial court’s final order was appealed regarding equitable distribution and attorneys’ fees.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When parties reach a stipulation in a Florida divorce case, this means they agree on something. Usually, stipulations are upheld by the court. Stipulations can save time and money since the parties will not have to spend time proving the subject of the stipulation. The power of such an agreement is illustrated in the case McVety v. McVety, 2D18-2250 (Fla. 2d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If you believe there is an error in your Florida final judgment of divorce, what can be done? The answer depends on the specific facts of your case. One recent appellate case deals with this issue: Eaton v. Eaton, 1D19-0192 (Fla. 1st DCA March 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
There may be certain tax liability associated with assets distributed to each spouse in a Florida divorce. This tax liability affects the value of assets being awarded in equitable distribution. That is why Florida law requires that such liability be taken into consideration when distributing assets and debts to each spouse. This issue arose in the case Sumlin v. Sumlin, 5D18-2701 (Fla. 5th DCA January 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
An award of attorneys’ fees in a Florida divorce must include certain findings. The most common bases to award fees are misconduct by a party or a disparity of income between the parties. In the case Office v. Office, 4D18-2910 (Fla. 4th DCA January 8, 2020), the former husband appealed an order granting the former wife’s motion for enforcement and awarding her attorneys’ fees.
