Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Divorce
Can a court award exclusive use and possession of the marital home to one spouse and require both spouses to pay for half of the expenses for maintaining the home? Such was the issue brought on appeal by a former wife in the case Morgan v. Morgan, 213 So.3d 378 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
In this edition of Real Florida Divorce Cases, we examine the appellate case Raton v. Wallace, 207 So.3d 978 (Fla. 5th DCA 2016). From this case, we learn about attorney’s fee awards and the standard for contempt proceedings.
Posted by Nydia Streets of Streets Law in Divorce
Similar to the way a Miami divorce court awards alimony to a spouse who needs it, attorneys’ fees can be awarded to a lesser-earning spouse. This is so that both spouses have equal opportunities to obtain legal help in divorce cases despite a disparity in incomes.
Posted by Nydia Streets of Streets Law in Divorce
Pets are considered by many to be family members because of the bond and love shared between the owner and the pet. Florida divorce law, however, views pets are property to be awarded to one spouse or the other, a view that sometimes creates high conflict when spouses cannot agree in their Miami divorce to whom the pet should be awarded.
Posted by Nydia Streets of Streets Law in Divorce
A Miami divorce court is one of equity, which means in most cases, a judge has discretion to tip the scales of justice in favor of one party if it is fair and reasonable under the circumstances. A good illustration of this is the ability of a Florida divorce court to award setoffs and credits to a spouse upon the sale of the marital home.
Posted by Nydia Streets of Streets Law in Divorce
Income earned during marriage is considered a marital asset in your Miami divorce, and this includes retirement savings. Special rules apply to military retirement plans in a marriage of at least 10 years.
Posted by Nydia Streets of Streets Law in Divorce
In a Miami divorce, when does the “What’s yours is mine and what’s mine is yours” stuff stop once you’ve decided your marriage is over? Florida law is pretty clear on the cut-off date for classifying an asset or debt as marital or non-marital.
Posted by Nydia Streets of Streets Law in Divorce
Most of the focus in equitable distribution in a Miami divorce is usually on shared, marital assets and debts to be divided between spouses. But what about non-marital assets and debts in Florida?
Posted by Nydia Streets of Streets Law in Divorce
A common misconception in a Miami divorce is that title to an asset or debt controls who owns property or owes a liability. The fact is title does not change the marital nature of the asset or debt if it was acquired during the marriage.
Posted by Nydia Streets of Streets Law in Divorce
It is possible that before your Miami divorce is finalized, the court could preliminary distribute some of your marital assets and debts. This is called an interim distribution and there are specific requirements that need to be met in order for it to happen.
Posted by Nydia Streets of Streets Law in Divorce
As part of your Miami divorce, if there are marital assets or debts to divide, the court is required to make written findings in its order that clearly identify non-marital assets; identify and value marital property along with who is awarded the same; indicate and assign marital debts to the spouses; and include any other statements that help someone reading the order to understand why the court distributed the assets and debts in the manner it did. Once you have this order, what’s its effect?
Posted by Nydia Streets of Streets Law in Divorce
A Miami divorce lawyer commonly hears the question “What happens to my stuff when I get divorced?” Equitable distribution is the division of marital debts and assets during divorce. The word “equitable” doesn’t always mean equal in a Florida dissolution of marriage.
Posted by Nydia Streets of Streets Law in Divorce
When the love is gone and a spouse is ready to move on but the other is not, what’s a Miami divorce court to do? Opposing a Florida divorce is possible, although it may not stop what is inevitable.
Posted by Nydia Streets of Streets Law in Divorce
If you are seeking a dissolution of marriage in Miami, you should know that Florida is a no fault state which means you do not need to prove fault on the part of the other spouse in order to get divorced. For example, there is no need to prove a spouse abandoned you or committed adultery. A Florida divorce judge will enter a final judgment of divorce so long as one of two grounds are stated by the spouse seeking divorce.
Posted by Nydia Streets of Streets Law in Divorce
Some states may require that a couple be separated for a certain period of time before a final judgment of divorce can be entered. A common question when seeking a Miami divorce is whether or not Florida has a waiting period.
Posted by Nydia Streets of Streets Law in Divorce
If you were divorced outside of the United States and you need a Florida court to enforce the terms of the foreign divorce order, you should know about some limits the law places on enforcement. The same goes for contracts entered in family law matters in another country. Generally, however, you should rest assured most non-Florida judgments and contracts are honored by the Miami Family Court.
Posted by Nydia Streets of Streets Law in Divorce
When filing your Miami divorce, an important question to ask yourself is “How long do I need to live in Florida to get a divorce?” Without you meeting the minimum residency requirement, a Miami divorce court does not have jurisdiction to sign your final judgment of divorce.
Posted by Nydia Streets of Streets Law in Divorce on December 7, 2015
There are several aspects to consider depending on the length of the marriage; whether or not children are involved; how much property/debt has been accumulated; etc. Organizing and discussing how you plan to tackle these issues with your soon-to-be-ex, if possible, is important to do even before you see a Miami divorce lawyer.
