Miami family law attorney blog
Viewing entries tagged
Miami divorce lawyer
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement obligates a spouse to hold funds in trust for the parties’ child, does the child have a right to enforce the agreement? This was an issue in the case Clark v. Clark, 3D24-0046 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent appellate case, an interesting issue arose in which the former husband sold his interest in the marital home (which was in foreclosure at the time) to a company owned by his mother and then deposited the sale proceeds into the court registry in an attempt to redeem the property. On appeal was the court’s ruling that the sale proceeds were subject to distribution in the divorce, and the court denied the former husband’s mother’s company’s motion to intervene and stay disbursement of those funds. The case is Meruelo v. Meruelo, 3D23-0617 (Fla. 3d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Loans from family members to one spouse or both may be a common occurrence. How are these loans treated in equitable distribution during a Florida divorce? This was an issue in the case McHugh v. McHugh, 5D2023-3130 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Debts acquired during a marriage are presumed to be marital debts. The spouse claiming otherwise has the burden to show that the debt is actually non-marital and/or that the other spouse should be solely responsible for the debt. The court must make findings concerning the debt and why it is the sole responsibility of one spouse. This was an issue in the case Lapomarede v. Pierre, 4D2024-0037 (Fla. 4th DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a Florida divorce court required to apportion to one spouse investment losses as a debt in equitable distribution? This was an issue among others in the case Ouslander v. Ouslander, 4D2023-2479 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Delay in resolving a Florida divorce case can lead to complications which cost both sides a lot of money and potential “headache”. An appellate case which illustrates this is Kranci v. Kranci, 4D2023-1808 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Having a court reporter present at a trial in your Florida divorce case may be important to your right to appeal. Many appellate cases have been dismissed or not substantively considered due to a lack of a transcript. As stated in Rojas v. Otero, 3D23-1113 (Fla. 3d DCA November 13, 2024): “Consequently, where, as here, there is no transcript from the bench trial below, we are precluded from reviewing factual issues. [. . .] However, even without a trial transcript, reversal is appropriate ‘where an error of law is apparent on the face of the judgment.’”
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a final judgment of divorce in Florida reserve jurisdiction on further equitable distribution on some future date? This was an issue in the case Saxon v. Saxon, 2D2023-0117 (Fla. 2d DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A spouse who pays all of the expenses on a marital home may feel he or she is entitled to all equity in the home. However, this may not be the case because of Florida equitable distribution laws. The case Bellegarde v. Bellegarde, 4D2023-3133 (Fla. 4th DCA August 7, 2024) sheds light on this issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida the personal goodwill of a spouse who runs a business is a non-marital asset which is not subject to equitable distribution. What about the collective personal good will of a multi-owned business? Would the goodwill of other members be considered in determining the value of the business that is to be awarded to a spouse in a divorce? This was an issue in the case Rosenberg v. Rosenberg, 5D2023-1079 (Fla. 5th DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If the value of the marital home increases after a final judgment of divorce is entered, can the equitable distribution be reconsidered to grant either party more equity in the home? This was an issue in the case Griffin v. Griffin, 1D2022-3095 (Fla. 1st DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Making sure you have a transcript of a hearing in your Florida divorce case can help protect you in the event there is an appeal. A transcript is usually required when there is an appeal filed, and failure to provide one may result in dismissal of an appeal. There are situations, however, where a transcript may not be required because an error is apparent on the face of the judgment. This was an issue in the case Jocelyn v. Jocelyn, 5D2023-1586 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens if there is a mistake in your Florida final judgment of divorce? It depends on if the mistake is mutual, meaning both parties agree and understand there was a mistake in the judgment. This was an issue in the case Ware v. Ware, 5D2023-0282 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida, assets acquired prior to marriage are considered non-marital assets. This means the assets are owned solely by one spouse rather than jointly by both. Unless the parties agree otherwise, it is usually an appealable issue if a court awards a non-marital asset to both spouses in a Florida divorce. This was an issue in the case Smoot v. Smoot, 1D2023-0698 (Fla. 1st DCA June 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Gross income cannot be used to determine a Florida alimony award. The court must look to the parties’ net incomes in assessing need and ability to pay alimony. This was an issue in the case Lopez v. Lopez, 4D2023-0726 (Fla. 4th DCA May 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce, equitable distribution is determined under Florida Statute 61.075. This statute provides guidelines for the classification of marital and non-marital assets and debts, among other guidance. Equitable distribution was an issue in the case MacPherson v. MacPherson, 6D23-373 (Fla. 6th DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What reasons can an attorney use to withdraw from representing a party in a Florida family law case? Bases for withdrawal are listed in Rule 4-1.16 of the Rules Regulating the Florida Bar. Usually, good cause must be shown, and this includes a failure of the client to pay for the lawyer’s services. Withdrawal of a lawyer was an issue in the case Elsawaf v. Eslawaf, 5D2023-0748 (Fla. 5th DCA May 10, 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
Temporary support orders are entered in Florida family law cases to grant relief regarding alimony and child support before a trial is held. Trial can take several months or even years to reach, so temporary relief is a remedy that is vital for some parties. This was an issue in the case Johnson v. Johnson, 5D22-2800 (Fla. 5th DCA April 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Records from a foreign bank account may be relevant to a Florida divorce case. Admitting these records into evidence requires that certain steps be taken. This was an issue in the caseVindel v. Stewart, 3D22-757 (Fla. 3d DCA February 7, 2024).
