Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
When the parties to a Florida divorce sign a settlement agreement, they are held to the terms of the agreement much like any other contract parties enter. In the case Forest v. Estate of Kohl, 4D18-3734 (Fla. 4th DCA October 23, 2019), at issue was a settlement release and the former wife’s effort to enforce it.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce, the next step is to examine the attorneys’ fees and costs purportedly incurred by the other party. Certain fees and costs are not allowed to be included in a fee award as highlighted in the case Kalis v. Kalis, 4D18-3062 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties in a Florida divorce enter a settlement agreement, that agreement is subject to the same laws concerning other contracts. Generally, in order for a contract to be formed, there must be an offer, an acceptance and what is called consideration. In the case Romaine v. Romaine, 5D18-2521 (Fla. 5th DCA October 18, 2019), an issue arose as to the enforcement of a marital settlement agreement purportedly entered between the parties.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Miami divorce case, the former wife appealed various issues related to alimony and equitable distribution. The case Weininger v. Weininger, 3D17-49 (Fla. 3d DCA October 10, 2019) involved allegations of infidelity and misuse of marital funds.
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary relief orders in a Florida divorce are helpful because they grant a party much-needed assistance without waiting for the entry of a final judgment which can take months or even years. For example, a party may need alimony or child support right away in order to meet his or her living expenses and to take care of their children. While judges in Florida family law cases have great discretion in awarding temporary relief, their orders must meet minimum standards as shown in the recent appellate case Meldrum v. Bergamo-Meldrum, 4D18-3481 (Fla. 4th DCA October 2, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
One party may be ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce when that party earns significantly more than the other party or there was frivolous litigation. In Quigley v. Culbertson, 3D19-28 (Fla. 3d DCA September 18, 2019), the former wife appealed a trial court’s order that she pay significant attorneys’ fees and costs to the former husband for post-judgment litigation that spanned two and a half years.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a summary judgment in a Florida divorce and when is it granted? When a party files a motion for summary judgment, he or she is saying to the court that there is no dispute as to one or all of the issues in the case, and there is no need to go to trial on those issues because it would be a waste of time where certain facts are undisputed. So summary judgment is granted when a party shows that both sides admit certain facts that are elements of a claim made in a case. The recent appellate matter Rios v. Quiala, 3D18-898 (Fla. 3d DCA September 11, 2019) is an example of summary judgment and how it is applied in a Florida family law case.
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse purchases a home using funds earned prior to the marriage, is that spouse entitled to a credit in a Florida divorce for those funds? This issue arose in the recent appellate case Erdman v. Erdman, 5D18-3043 (Fla. 5th DCA September 13, 2019) in which the former wife appealed the trial court’s decision to award the former husband more than 50% equity in the marital home based on the former husband’s claim that the down payment on the home came from funds he earned prior to marriage.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a unique and unfortunate case involving arson and a Florida divorce, a Florida appellate court considered the appeal of a former husband who opposed the trial court’s decision to award the former wife all of the marital assets and to freeze his entire employee stock ownership plan despite only awarding the former wife half of it. The case is titled Hardy v. Hardy, 1D17-277 (Fla. 1st DCA September 9, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
There is an issue brewing in Florida family law cases as it relates to the award of attorneys’ fees and costs in a Florida divorce. The case Allen v. Juul, 2D17-2965 Allen v. Juul (Fla. 2d DCA August 9, 2019) certifies conflict with another Florida appellate court as to the requirement that “the trial court's error of failing to make statutorily required factual findings in chapter 61 proceedings must first be raised in the trial court by way of motion for rehearing in order to be preserved for appellate review.” Certifying conflict means the Florida Supreme Court may weigh in and make a final decision as to conflicting decisions between Florida appellate courts.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party fails to meet his or her obligations under a Florida divorce judgment, what remedies are available? The answer depends on what type of obligations are being enforced. If support obligations are at issue, the remedy of contempt is available. Most other obligations in an order cannot be enforced by contempt and must be specifically reviewed to apply appropriate remedies. In the case De Diego v. Barrios, 3D17-1990 (Fla. 3d DCA April 24, 2019), the appellate court considered the appeal of a former husband against whom the trial court entered an equitable lien arising from the former husband’s failure to pay sums due to the former wife for equitable distribution.
Posted by Nydia Streets of Streets Law in Florida Divorce
Several issues regarding alimony, child support, equitable distribution and a parenting plan were disputed in a Florida appellate case ruled on earlier this year. In the case Walker v. Walker, 2D17-4575 (Fla. 2d DCA May 31, 2019), both the former husband and the former wife disputed major portions of their final judgment of divorce, and asked the appellate court to reverse ruling on key issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
How much does a Florida divorce court rely on expert testimony? In many cases, expert testimony is helpful in shedding light on complicated issues. The most common type of expert in a Florida divorce case is a forensic accountant. This type of expert usually testifies regarding equitable division of assets and debts in a marriage, and how much alimony should be awarded based on the incomes and spending of the parties. While an expert is helpful, the court must be careful not to rely solely on the expert’s testimony in reaching conclusions about the case, as illustrated in Tritschler v. Tritschler, 2D18-761 (Fla. 2d DCA June 7, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Would a spouse be responsible for paying back the other spouse’s student loans in a Florida divorce? Many parties question this, because the thought is that the spouse earning the degree will continue to benefit from it to the exclusion of the other spouse well after the divorce. So why should the the non-degree-earning spouse have to pay for the loans that supported the degree? The recent case Gudur v. Gudur, 2D16-3127 (Fla. 2d DCA June 28, 2019) goes over this issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
After a final judgment is entered in a Florida divorce case, parties probably expect to ride off into the sunset and be finished with a former spouse. However, it is common that parties will still have issues post-judgment, even if no children are involved. The case Lapciuc v. Lapciuc, 3D18-1804 (Fla. 3d DCA July 3, 2019) shows us how a dispute concerning a business owned by former spouses mushroomed into what was likely expensive post-judgment litigation.
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce court can order a party to secure an alimony award with life insurance. However, specific findings must be made. In the case Will v. Will, 2D18-539 (Fla. 2d DCA June 28, 2019), the former husband appealed, among other issues, a requirement that he obtain life insurance to secure his alimony obligation.
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties who are left in similar financial standing after the distribution of assets and debts in their Florida divorce are usually ordered to pay their own respective attorneys’ fees and costs. This is illustrated in the recent appellate case Ingram v. Ingram, 2D18-3978 (Fla. 2d DCA July 10, 2019). The former husband’s behavior in the case also played a part in the ultimate decision of the court.
Posted by Nydia Streets of Streets Law in Florida Divorce
A recent Florida appellate case examines whether or not a decision during the marriage to purchase credit for premarital years of employment for a pension plan renders the pension a marital asset. This issue arose in the case Martin v. Martin, 1D18-2546 (Fla. 1st DCA June 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are worker’s compensation benefits subject to equitable distribution in a Florida divorce? This was an issue appealed in the recent appellate case Griffin v. Griffin, 1D18-4078 (Fla. 1st DCA June 7, 2019). As with most issues in Florida family law cases, the answer is “It depends.”
Posted by Nydia Streets of Streets Law in Florida Divorce
In Farid v. Rabbath, 1D17-4173 (Fla. 1st DCA May 16, 2019), the former husband took issue with the trial court’s decision to modify the equitable distribution provisions of the parties’ final judgment. Specifically, after both parties were found in contempt of the order to pay each other certain sums, the court re-worked their property settlement agreement to achieve what it deemed an equitable result.
